054 of 2013 - Enacting Title 22; Creation of a new Local Emergencies Title (Disaster Leave) 0 13-1
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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.
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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
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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.
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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.
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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
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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.
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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
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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:
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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
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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 2'i day of
September , 2013.
CH I ERSO
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ATTEST
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T Y RECORDER
Transmitted to Mayor on September 25, 2013 •
Mayor's Action: ..., Approved. Vetoed.
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ATTEST: 4 1'+,
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CITY RECORDER w ��„
(SEAL)
Bill No. 54 of 2013.
Published: 10-5-13
H B_ATTY-#2634 I-v3-Ord_En act ing_new_Title_22_Emergency_Management
• APPROVED AS TO FORM
Satt Lake C( Attorney's Off'
Date
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