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SALT LAKE CITY ORDINANCE
No. 54 of 2013
(Enacting new Title 22: Local Emergencies, renumbering existing emergency management provisions in Chapter 2.09, and adopting new Chapter 22.05 on volunteer leave)
An Ordinance creating new Title 22, Local Emergencies; renumbering and amending existing provisions on emergency management in Section 2.09.010, 2.09.020, 2.09.025, 2.09.030, 2.09.040, 2.09.050, 2.09.055, 2.09.060, 2.09.070, 2.09.080, and 2.09.090; and adopting new Chapter 22.05 giving the City discretion to grant leave with pay to employees who are certified disaster service employees to participate in disaster relief services for up to 12 work days in any 12 month period.
WHEREAS, effective emergency preparedness and response are critical to the safety and health of the Salt Lake City community; and
WHEREAS, volunteer organizations such as the American Red Cross play a critical role in Salt Lake City’s emergency preparedness and response plans; and
WHEREAS, in the event of a disaster in Salt Lake City, volunteer organizations such as the American Red Cross would draw from volunteers around the country to support their response in Salt Lake City; and
WHEREAS, the City Council finds that the availability to these volunteer organizations such as the American Red Cross of volunteers from other parts of the country to respond in the event of a disaster in Salt Lake is an important benefit to the City; and
WHEREAS, the City Council finds that that benefit is equivalent to the benefit that would be provided to volunteer service organization, such as the American Red Cross and to City employees by the adoption of the following ordinance; and
WHEREAS, after a public hearing the City Council has determined that the following ordinance is in the City’s best interests.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.09, Salt Lake City Code, pertaining to Emergency Management, is renumbered, retitled and amended to read as follows:
TITLE 22
LOCAL EMERGENCIES
Subject Chapter
Purpose 22.01
Definitions 22.02
Local Emergencies 22.03
Price Controls During Local Emergency 22.04
Disaster Service Volunteer Leave 22.05
SECTION 2. That Section 2.09.010, Salt Lake City Code, pertaining to the purpose of the Emergency Management provisions is renumbered and amended to read as follows:
Chapter 22.01
PURPOSE
22.01.010 PURPOSE
The purpose of this title is to enable the city to prepare for and respond quickly and effectively to emergencies threatening lives, property, public health, welfare and/or safety within the city’s jurisdiction. This title is to be liberally construed to achieve that purpose to the full extent of statutory and constitutional authority.
SECTION 3. That Section 2.09.020, Salt Lake City Code, pertaining to definitions is renumbered as Chapter 22.02 and Section 22.02.010.
Chapter 22.02
DEFINITIONS
22.02.010 DEFINITIONS
DISASTER: A situation causing, or threatening
to cause, widespread damage, social disruption, or injury or loss of life, or
property, resulting from attack, internal disturbance, natural phenomenon or
technological hazard.
EMERGENCY INTERIM SUCCESSOR: A person designated to
exercise the emergency powers and discharge the emergency duties of an office
when the person legally exercising those powers and duties of the office is
unavailable.
LOCAL EMERGENCY: A condition which requires that emergency
assistance be provided by the city to save lives and protect property within its
jurisdiction in response to an emergency or disaster, or to avoid or reduce the
threat of a disaster.
PLACE OF GOVERNANCE: The physical location where the
powers of an office are being exercised.
TECHNOLOGICAL HAZARD: Any hazardous
material accident, mine accident, train derailment, truck wreck, or crash,
radiation incident, pollution, structural fire or explosion.
UNAVAILABLE:
Either: a) not physically present at the place of governance or not able to be
communicated with for two (2) hours or b) mentally or physically impaired,
during a disaster that seriously disrupts normal government operations, provided
that if a vacancy exists in the office of the mayor pursuant to section 2.04.060
of this title, the provisions of section 2.04.060 of this title shall prevail
over the provisions of this chapter. “Unavailable” does not include a person who
is reachable by telephone, radio or any electronic means.
SECTION 4. That Section 2.09.030, Salt Lake City Code, pertaining to Local Emergency Proclamation, is renumbered and amended to read as follows:
CHAPTER 22.03
LOCAL EMERGENCIES
SECTION
22.03.010 Proclamation
22.03.020 Effectiveness and Continuation as Renewal of Local Emergency
22.03.030 Powers in a Local Emergency
22.03.040 Emergency Interim Succession
22.03.050 Determination of Unavailability
22.03.060 Effective Date, Filing and Public Notice
22.03.070 Temporary Emergency Location for the Principal Office
22.03.080 Penalty for Violation of Emergency Proclamation, Rule or Order
22.03.010 PROCLAMATION
A. The mayor (or the mayor’s emergency interim successor as provided in section 22.03.040 of this chapter) may declare a local emergency by proclamation. The proclamation shall state: 1) the nature of the local emergency; 2) the area or areas of the city that are affected or threatened; and 3) the conditions which caused the local emergency.
B. If the mayor is not personally present to sign the proclamation of local emergency and the mayor orally or by electronic message directs another person to sign the proclamation on his or her behalf, such person shall sign the proclamation with the mayor’s name followed with the notation “By Direction of the Mayor” and the other person’s signature and printed name.
SECTION 5. That Section 2.09.040, Salt Lake City Code, pertaining to Effectiveness and Continuation or Renewal of Local Emergency is renumbered as Section 22.03.020.
SECTION 6. That Section 2.09.050, Salt Lake City Code, pertaining to Powers in a Local Emergency is renumbered as Section 22.03.030.
SECTION 7. That Section 2.09.060, Salt Lake City Code, pertaining to Emergency Interim Succession, is renumbered as Section 22.03.040.
SECTION 8. That Section 2.09.025, Salt Lake City Code, pertaining to Determination of Unavailability is renumbered as Section 22.030.050.
SECTION 9. That Section 2.09.070, Salt Lake City Code, pertaining to Effective Date, Filing and Public Notice is renumbered and amended to read as follows:
22.03.060 EFFECTIVE DATE, FILING AND PUBLIC NOTICE:
All orders, rules and regulations promulgated pursuant to section 22.03.030 of this chapter shall become effective immediately upon filing with the city recorder. Public notice shall be given by the best practicable means available under the circumstances.
SECTION 10. That Section 2.09.080, Salt Lake City Code, pertaining to Temporary Emergency Location for the Principal Office is renumbered as Section 22.03.070.
SECTION 11. That Section 2.09.090, Salt Lake City Code, pertaining to Penalty for Violation of Emergency Proclamation, Rule or Order is renumbered and amended to read as follows:
22.03.080 PENALTY FOR VIOLATION OF EMERGENCY PROCLAMATION, RULE OR ORDER:
Except as provided with respect to violations of Chapter 22.04 of this title, the violation of a proclamation declaring a local emergency, a subsequent proclamation exercising emergency powers, or any order or rule issued pursuant to this chapter, or an order or directive given by police, fire or other emergency services personnel pursuant to authority resulting from this chapter is a class B misdemeanor and punishable as provided by section 1.12.050 of this code or any successor provision.
SECTION 12. That Section 2.09.055, Salt Lake City Code, pertaining to Price Controls During Local Emergency is renumbered and amended to read as follows:
CHAPTER 22.04
PRICE CONTROLS DURING LOCAL EMERGENCY:
Section
22.04.010 Definitions
22.04.020 Excessive Price Prohibited
22.04.030 Enforcement; Penalty
22.04.040 Non-applicability
22.04 PRICE CONTROLS DURING LOCAL EMERGENCY
22.04.010 DEFINITIONS:
The following definitions apply for purposes
of this chapter:
CONSUMER: A person who acquires a good or service for
consumption.
EMERGENCY TERRITORY: The geographical area:
1. For which there has been a state of local emergency declared; and
2. That is directly affected by the events giving rise to the state of local emergency.
“Emergency territory” does not include a
geographical area that is affected by the events giving rise to a state of local
emergency only by economic market forces.
EXCESSIVE PRICE: A price for a good
or service that exceeds by more than ten percent (10%) the average price charged
by that person for that good or service in the thirty (30) day period
immediately preceding the day on which the state of emergency is
declared.
GOOD: Any personal property displayed, held, or offered for sale by
a merchant that is necessary for consumption or use as a direct result of events
giving rise to a state of emergency.
RETAIL: The level of distribution where
a good or service is typically sold directly, or otherwise provided, to a member
of the public who is an end user and does not resell the good or
service.
SERVICE: Any activity that is performed in whole or in part for the
purpose of financial gain including, but not limited to, personal service,
professional service, rental, leasing, or licensing for use that is necessary
for consumption or use as a direct result of events giving rise to a state of
emergency, provided that “service” shall not include the rental of private
residential property.
22.04.020 EXCESSIVE PRICE PROHIBITED:
Excessive prices are prohibited as follows:
1. Except as provided in subsection 2 of this section, if a state of local emergency exists, a person may not charge a consumer an excessive price for goods or services sold or provided at retail during the time period for which a state of local emergency declared by the city exists within the emergency territory.
2. A person may charge an excessive price if:
a. That person’s cost of obtaining the good or providing the service exceeds the average cost to the person obtaining the good or providing the service in the thirty (30) day period immediately preceding the day on which the state of local emergency is declared; and
b. The price charged for the good or service does not exceed the sum of:
i. Ten percent (10%) above the total cost to that person of obtaining the good or providing the service; and
ii. The person’s customary markup.
3. Upon request of the business licensing division or the city attorney’s office, a person allegedly charging an excessive price under this section shall provide documentation to the city attorney’s office that the person is in compliance with this section.
4. If a good or service has not been sold by a person during the thirty (30) day period immediately preceding the day on which the state of local emergency is declared, a price is not excessive if it does not exceed thirty percent (30%) above the person’s total cost of obtaining the good or providing the service.
22.04.030 ENFORCEMENT; PENALTY:
Enforcement shall be as follows:
1. To enforce this chapter, business licensing may commence a proceeding following the procedures set forth in section 5.02.260 of this code.
2. In determining whether to issue a cease and desist order; suspend or revoke a business license; or impose civil penalties against a person who violates this section, the hearing examiner shall consider:
a. The person’s cost of doing business not accounted for in the cost to the person of the good or service, including costs associated with a decrease in the supply available to a person who relies on a high volume of sales;
b. The person’s efforts to comply with this chapter;
c. Whether the average price charged by the person during the thirty (30) day period immediately preceding the day on which the date of local emergency is declared is artificially deflated because the good or service was on sale for lower price than the person customarily charges for the good or service; and
d. Any other factor that the hearing examiner considers appropriate; and
e. In the case of a suspension or revocation of a business license, whether such suspension or rejection shall begin after the state of local emergency has ended.
3. a. If the hearing examiner finds that a person has violated, or is violating, section 22.04.020 of this chapter the hearing examiner may:
i. Issue a cease and desist order; and/or
ii. Subject to subsection 3b of this section, either impose an administrative fine of up to one thousand dollars ($1,000.00) for each violation of section 22.04.020 of this chapter or revoke or suspend the person’s business license.
b. Each instance of charging an excessive price under section 22.04.020 of this chapter constitutes a separate violation, but in no case shall any administrative fine imposed under subsection 3a of this section exceed ten thousand dollars ($10,000.00) per day.
4. The city may sue in a court of competent jurisdiction to enforce an order under subsection 3 of this section.
5. In a suit brought under subsection 3 of this section, if the city prevails, the court may award the city:
a. Court costs;
b. Attorney fees; and
c. The city’s costs incurred in the investigation of the violation of this section.
22.04.040 NONAPPLICABILITY:
The provisions of this chapter shall not apply to any part of the city encompassed by a state of emergency declared by the governor of Utah or the president of the United States of America while such state of emergency declared by the governor or the president remains in effect.
SECTION 13. That Chapter 22.05, Salt Lake City Code, pertaining to Disaster Service Voluntary Leave is enacted to read as follows:
CHAPTER 22.05
DISASTER SERVICE VOLUNTEER LEAVE
SECTIONS
22.05.010 Definitions
22.05.020 Leave of Absence – Request for Leave – Approval by City.
22.05.010 Definitions
As used in this Chapter.
1. “Volunteer Organization” means a member of the National Volunteer Organizations Active in Disasters.
2. “Certified disaster service volunteer” means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross.
3. “Disaster” means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.
4. “City” means any City office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the City, including those within the legislative branch of the City government.
22.05.020. Leave of Absence – Request for leave – Approval by City.
1. A City employee who is a certified disaster service volunteer may be granted leave from work with pay for an aggregate of up to 12 work days, consecutively or nonconsecutively, in any 12-month period to participate in disaster relief services for a volunteer organization in connection with any disaster, upon the request of the volunteer organization for such employee’s services.
2. A City employee requesting leave under this chapter shall file a written request with the employee’s supervisor, which includes:
a. the anticipated duration of the leave of absence;
b. the type of service the employee is to provide on behalf of the volunteer organization;
c. the nature and location of the disaster where the employee’s services will be provided; and
d. a copy of the written request for the employee’s services from an official of the volunteer organization.
3. Nothing contained in this chapter shall be construed to require the City to grant a City employee’s request for voluntary disaster service leave if the City determines, in its sole discretion, that the grant of leave would pose a hardship on the City.
SECTION 14. Effective Date. This ordinance shall be effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 24th day of September, 2013.
Bill No. 54 of 2013.
Published: October 5, 2013.