Wednesday, October 28, 2020

Private property could be considered for temporary emergency Warming Shelter use

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Ordinance private property

An ordinance that would allow for voluntary use of private property for a temporary emergency warming shelter and reduce restrictions on the availability of public property will be considered Monday, Oct. 22, by the Lincoln City City Council.

While the proposal, which also provides for emergency shelters, staging areas, inoculation areas, distribution centers and similar emergency operations, does not permit the City to commandeer private property, it would allow for its use if agreed to by the owner.

“I’m all in favor of giving the City more latitude for helping people,” Mayor Don Williams said today.

Various locations are being considered to serve as a site for the Lincoln City Resource Center & Emergency Warming Shelter this winter following the City’s funding reduction of Taft Hall, 1206 SE 48th Place, due to its legal inability under zoning restrictions to host clients overnight.

The fourth floor of City Hall, where Career Tech Charter School resides as a renter from the City, has been mentioned as a possible replacement site. The old fire department building on SW 4th Street has also been proposed, but the building lacks insulation, running water or bathrooms.

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Language of proposed Ordinance 2018-14 would amend Chapter 2.72 (Emergency Operations Ordinance), and Section 2.72.070 (Authorized Emergency Orders) of the Lincoln City Municipal Code to provide for temporary emergency operations use of public and private property. The ordinance states:

— Upon the declaration of an emergency, and during the existence of such emergency, the terms of any such declaration may include any of the following or such other terms of emergency orders which are not prohibited by law, allowing the City of Lincoln City to redirect funds for emergency use.

— Suspend standard procurement procedures to obtain necessary goods, services and/or equipment;

— Prohibit “price gouging.” Specifically, no person or business may sell or attempt to sell any goods or services for a price in excess of the “normal market price,” which shall mean that person’s or business’s average of the regular price of the goods or services for the 30 days preceding the declaration of the state of emergency.

— Implement mutual aid agreements, and to enter into any new such agreements or amend existing agreements, under the signature of the emergency manager.

— Turn off water, gas or electricity.

— Restrict, regulate or prohibit vehicular or pedestrian traffic for such distance or degree as may be deemed necessary under the circumstances, including the closing to the public of any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings.

— Enter or pass through private property for the purpose of responding to the emergency and/or for the conduct of damage assessment.

— Evacuate persons from the area designated as an emergency area. A mandatory evacuation order may be authorized by the emergency manager only when necessary for public safety or for the efficient conduct of activities that minimize or mitigate the effects of the emergency.

— Establish a curfew during specified hours in specified geographic areas and locations.

— Prohibit or limit the number of persons who may gather or congregate upon  any public street, public place, or any outdoor place within the area designated as an emergency area.

— Assist in the implementation of any order of the federal government, the Governor, State Public Health Director, or local public health representative related to public health or public health emergency, as directed, pursuant to ORS 7 431.270, 431.264, 431.411, or 401.055, or order.

— Prohibit possession of loaded firearms, weapons or explosives or any instrument which is capable of producing harm to person or property on public streets, public places or any outdoor place; provided, that any such order shall not apply to firearms possessed by individuals specified in ORS 166.173.

— Prohibit or restrict the sale, distribution or giving away of gasoline or other flammable liquids, except that such prohibition normally shall not extend to the filling of a gasoline tank properly affixed to a motor vehicle or equipment responding to emergency circumstances, nor to any police or military or other official acting under color of government authority.

— Curtail or suspend commercial activity.

— Prohibit or restrict the sale of alcoholic beverages or other intoxicants.

— Designate any developed or undeveloped City property for temporary Emergency Operations Uses, including but not limited to, use as an emergency facility, shelter, overnight shelter, bivouac, mess hall, temporary campground, staging area, inoculation center, distribution center, or similar emergency operation uses. Private or other public property may similarly be designated by the City, with the permission of the property owner, for such emergency uses. The duration of such authorized uses is only during the period of the emergency and for a reasonable period of time after the end of the declared emergency.

— Make application to Lincoln County or any other municipal entity for further assistance by way of any existing or newly negotiated mutual aid or intergovernmental agreement, and to make application for a Governor’s declaration of emergency or other such emergency assistance as becomes available under local, state or federal law.

— Order such other measures as are found to be necessary for the protection of life, property, infrastructure, the environment, or for the recovery from the emergency. Such other measures shall be set forth in writing on the emergency declaration, or added to the declaration when such measures become necessary.

— On a case-by-case basis, the emergency manager may authorize a written exemption from any emergency measure or order for an individual or group of volunteer emergency responders.

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Jim Fossum
Jim Fossumhttp://SilverandBlackToday.com
Homepage Executive Editor and former longtime Sports Editor of the near-200,000 circulation Las Vegas Review-Journal, Fossum brings 40 years of award-winning experience covering virtually every facet of print and digital journalism to Lincoln City Homepage. The former longtime reporter for the Newport News-Times and Lincoln City News Guard is also Editor-in-Chief and Senior Columnist for SilverandBlackToday.com, which covers the NFL's Oakland (Las Vegas) Raiders.

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