076 of 2008 - repealing Section 2.04.030, enacting Chapter 2.09; & amending Section 2.06.030E relating to proclama 0 08-1
is 0 08-27
SALT LAKE CITY ORDINANCE
No. 76 of 2008
(Proclamation of Emergency, Emergency Interim Succession and Emergency Powers)
AN ORDINANCE REPEALING SECTION 2.04.030; ENACTING CHAPTER 2.09;
AMENDING SECTION 2.06.030E, SALT LAKE CITY CODE, RELATING TO
PROCLAMATION OF EMERGENCY, EMERGENCY INTERIM SUCCESSION, AND
EMERGENCY POWERS; AND AMENDING SECTION 2.04.060A, SALT LAKE CITY CODE,
RELATING TO VACANCIES-APPOINTMENT OF SUCCESSOR.
WHEREAS, the City Council recognizes that natural and man-made disasters or
emergencies may occur at any time and in any part of Salt Lake City; and
WHEREAS,by Resolution No. 63 of 2005, the City Council adopted the National
Incident Management System (NIMS) as Salt Lake City's system of preparing for and
responding to disaster incidents;
WHEREAS, the City Council recognizes the importance of clear policy on the authority
to issue a proclamation of a local emergency and to exercise authority under such a
proclamation; and
WHEREAS, the City Council recognizes the importance of policy on emergency interim
succession in a local emergency; and
WHEREAS, the City Council recognizes the benefit of providing additional clarity on the
powers that my be exercised during an emergency; and
WHEREAS, recent changes in the Utah Disaster and Response Recovery Act and the
Emergency Interim Succession Act make changes to the Salt Lake City Code necessary in some
instances and desirable in other instances; and
WHEREAS, the City Council finds that in the event of a local emergency, unjustified
increases in the price of essential goods and services may hinder the ability of the City, its
citizens and its businesses to recover from such local emergency; and
WHEREAS, Utah Code Annotated Section 10-8-84 authorizes the City Council to pass
ordinances to provide for the safety and preserve the health, and promote the prosperity, peace
and good order, comfort and convenience of the City and its inhabitants, and for the protection of
property in the City; and
WHEREAS, the City Council finds that the proposed ordinance is in the best interest of
the City to provide for the safety and preserve the health, and promote the prosperity, peace and
good order, comfort and convenience of the City and its inhabitants, and for the protection of
property in the City;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That Section 2.04.030, Salt Lake City Code,pertaining to the proclamation
of emergency be, and the same hereby is, repealed.
SECTION 2. That Chapter 2.09, "Emergency Proclamation, Emergency Interim
Succession, and Emergency Powers,"Salt Lake City Code be, and the same hereby is, enacted to
read as follows:
Chapter 2.09 [Emergency Proclamation,Emergency Interim Succession, and Emergency
Powers]
2
5. "Place of Governance"means the physical location where the powers of an office are
being exercised.
6. "Technological Hazard"means any hazardous material accident, mine accident, train
derailment, truck wreck, or crash, radiation incident,pollution, structural fire or explosion.
2.09.025 Determination of Unavailability:
A. In the event of a dispute as to whether the Mayor is unavailable for purposes of this
chapter 2.09, a determination shall be made by the City Attorney(or the City Attorney's
Emergency Interim Successor). In the case of all other executive branch officials for whom
Emergency Interim Successors have been designated, the determination of unavailability in the
case of dispute shall be made by the Mayor (or the Mayor's Emergency Interim Successor). The
decision by the Mayor or the City Attorney or their Emergency Interim Successor, as the case
may be, shall be final. A determination of unavailability shall be promptly filed with the City
Recorder.
B. All other factual disputes arising under this chapter concerning an executive branch
official shall be adjudicated by the Mayor(or the Mayor's Emergency Interim Successor) except
those factual disputes concerning the Mayor(or the Mayor's Emergency Interim Successor),
which shall be adjudicated by the City Attorney(or the City Attorney's Emergency Interim
Successor). The decision by the Mayor or the City Attorney or their Emergency Interim
Successors, as the case may be, shall be final. Any such decision shall be promptly filed with the
City Recorder.
2.09.030 Local Emergency Proclamation:
4
A. The Mayor (or the Mayor's Emergency Interim Successor as provided in Section
2.09.060) may declare a local emergency by proclamation. The proclamation shall state: (i) the
nature of the local emergency; (ii)the area or areas of the City that are affected or threatened;
and (iii) 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.
2.09.040 Effectiveness and Continuation or Renewal of Local Emergency:
A proclamation of local emergency is effective upon signature and continues in effect
until it expires by its terms or is rescinded, continued, or renewed. A local emergency shall not
be adopted, continued, or renewed for a period in excess of thirty days except by or with the
consent of the City Council expressed by resolution. Any proclamation or resolution adopting,
rescinding, continuing, or renewing a local emergency shall be filed promptly with the City
Recorder. Public notice shall be given by the best practicable means under the circumstances.
Section 2.09.050 Powers in a Local Emergency:
In conjunction with a proclamation of local emergency and while a proclamation of local
emergency is in effect, the Mayor(or the Mayor's Emergency Interim Successor) may exercise
the following powers by proclamation:
5
•
1. Issue such orders as are imminently necessary for the protection of life and property,
including those authorized in Chapter 4 of Title 63K, Utah Code Annotated or any successor
provisions;
2. Utilize all available resources of the City as reasonably necessary to manage the local
emergency;
3. Employ measures and give direction to local officers and agencies which are
reasonable and necessary to secure compliance;
4. If necessary for the preservation of life, order the evacuation of people from any
stricken or threatened part of the City, provided that if the Mayor or his or her Emergency
Interim Successor is unavailable the City's Police Chief(or the Police Chief's Emergency
Interim Successor) may issue an urgent order for evacuation, if the evacuation is necessary for
the preservation of life and does not exceed 36 hours. Once the Mayor(or the Mayor's
Emergency Interim Successor)becomes available, the Mayor(or the Mayor's Emergency
Interim Successor)may ratify, modify or revoke the order given by the Chief of Police, (or the
Chiefs Emergency Interim successor).
5. Control ingress and egress to and from any part of the City, including controlling the
movement of persons within an emergency or disaster area and ordering the occupancy or
evacuation of premises in such area;
6. Clear or remove debris or wreckage that is an immediate threat to public health, public
safety, or private property;
7. Invoke the provisions of any mutual aid agreements entered into by the City;
6
8. Request assistance of political subdivisions participating in the Statewide Mutual Aid
system, pursuant to the Statewide Mutual Aid Act UCA Sections 53-2-501 to 510 or any
successor provisions;
9. Adopt a curfew upon all or any portion of the City thereby requiring all persons in
designated curfew areas to forthwith remove themselves from the public streets, alleys,parks or
other public places during the specified times; provided, however, that physicians, nurses and
ambulance operators performing medical services, utility personnel performing essential public
services, firefighters and City authorized or requested law enforcement officers and personnel
may be exempted from such curfew;
10. Close any business establishment anywhere within the City for the period of the
emergency, which businesses may include,but are not limited to, those selling or dispensing
intoxicating liquors or beer; gasoline or other flammable liquids or combustible products; or
other products creating a potential of personal harm or property damage, except as prohibited by
Utah Code Annotated Section 63-5a-12, or any successor provision with respect to firearms and
ammunition;
11. Close all private clubs or taverns or portions thereof where the consumption of
intoxicating liquor and/or beer is permitted;
12. Discontinue the sale of intoxicating liquor and/or beer;
13. Designate any public street, thoroughfare, alley, park or vehicle parking areas closed
to motor, bicycle, and pedestrian traffic;
14. Call upon regular and auxiliary fire or law enforcement agencies and organizations,
within or without the City, to assist in preserving and keeping the peace within the City;
7
15. Suspend temporarily specific provisions of Salt Lake City ordinances, policies, or
executive orders, during the local emergency, if compliance with such provisions would prevent,
hinder, or delay action necessary to cope with the local emergency, subject to superior state and
federal constitutions, laws, or regulations.
Section 2.09.055 Price Controls During Local Emergency:
A. Definitions: For purposes of the section:
1. "Consumer"means a person who acquires a good or service for consumption.
2. "Emergency Territory"means the geographical area:
i. for which there has been a state of local emergency declared; and
ii. that is directly affected by the events giving rise to the state of local
emergency.
iii. "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.
3. "Excessive price"means a price for a good or service that exceeds by more than 10%
the average price charged by that person for that good or service in the 30-day period
immediately preceding the day on which the state of emergency is declared.
4. "Good"means 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.
8
5. "Retail"means 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.
6. "Service"means 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.
B. Excessive price prohibited: Excessive prices are prohibited as follows:
1. Except as provided in Subsection(2), if a state of local emergency exists, a person my
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 my charge an Excessive price if:
i. 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 30-day period immediately preceding
the day on which the state of local emergency is declared; and
ii. The price charged for the good or service does not exceed the sum
of:
1. 10% above the total cost to that person of obtaining the
good or providing the service; and
2. the person's customary markup.
9
3. Upon request of the Business Licensing Division or the City Attorney's Office, a
person allegedly charging an excessive price under Subsection(b) shall provide
documentation to the City Attorney's Office that the person is in compliance with this
Section 2.09.055.
4. If a good or service has not been sold by a person during the 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 30% above the person's total cost of
obtaining the good or providing the service.
C. Enforcement—Penalty: Enforcement shall be as follows:
1. To enforce this section, Business Licensing may commence a proceeding following
the procedures set forth in Section 5.02.260.
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 2.09.055,
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 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
10
•
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, this
Section 2.09.055B the hearing examiner may:
i. Issue a cease and desist order; and/or
ii. Subject to Subsection(3)(b), either impose an administrative fine of up
to $1,000 for each violation of Section 2.09.055B or revoke or suspend
the person's business license.
(b) Each instance of charging an excessive price under Section 2.09.055B constitutes
a separate violation, but in no case shall any administrative fine imposed under
Subsection (3)(a) exceed $10,000 per day.
4. The City may sue in a court of competent jurisdiction to enforce an order under
Subsection(3).
5. In a suit brought under Subsection(3), if the City prevails, the court may award the
City:
i. Court costs;
ii. Attorney fees; and
iii. The City's costs incurred in the investigation of the violation of this Section
2.09.055.
D. Non-Applicability: The provisions of this Section 2.09.55 shall not apply to any part
of the City encompassed by a state of emergency declared by the Governor of Utah or
11
the President of the Untied States of America while such state of emergency declared
by the Governor or the President remains in effect.
Section 2.09.060 Emergency Interim Succession:
Notwithstanding any other provision of law except Section 2.04.060, if the Mayor is
unavailable, an Emergency Interim Successor shall exercise the powers and duties of the Mayor
according to the order of succession designated by the Mayor. If the Mayor or any other City
government officer has not designated an Emergency Interim Successor, the order of succession
shall be: (1) the Mayor, (2) the City's chief administrative officer, (3) the Chair of the City
Council, and(4) the City's Police Chief. An Emergency Interim Successor shall exercise the
powers of the Mayor only until the Mayor or a person earlier in the order of succession is no
longer unavailable. If any other City official is unavailable, an Emergency Interim Successor
shall exercise such official's powers as provided by Utah Code Annotated Section 63K-1-401 or
any successor provision.
Section 2.09.070 Effective Date, Filing and Public Notice:
All orders, rules and regulations promulgated pursuant to Section 2.09.050 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 2.09.080 Temporary Emergency Location for the Principal Office:
A. Whenever, due to emergency resulting from the effects or imminent threat of a
disaster, it becomes imprudent, inexpedient or impossible to conduct the affairs of the city
12
government or any individual office, department, division, or public body of city government at
its current principal office or place of governance, the Mayor(or the Mayor's Emergency Interim
Successor) may, by proclamation declare an emergency temporary location for the principal
office of such office or place of governance, department, division or public body, either within or
without the jurisdiction of the City,but within Utah.
B. Any proclamation of temporary emergency location of the principal office of the City
Council shall remain in effect until such time as a new location is established by the City
Council.
C. During the time that any proclamation of temporary emergency location of the
principal office or place of governance remains in effect, all official acts required by law to be
performed at the principal office or place of governance by any official or authority of the City,
including the convening and meeting of the City Council in regular, extraordinary, emergency or
special session, shall be as valid and binding as when performed at the normal location of the
principal office or place of governance.
Section 2.09.090 Penalty for Violation of Emergency Proclamation, Rule or Order:
Except as provided with respect to violations of Section 2.09.055, 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 or any
successor provision.
13
SECTON 3: That Chapter 2.06.030E, "Electronic Meetings,"Salt Lake City Code be, and the
same hereby is, amended to read as follows:
E. Electronic Meetings:
For purposes of the Utah open and public meetings act, the council may hold an electronic
meeting only if a majority of a quorum of the council is physically present at the physical
location from which the electronic meeting originates or from which the council members are
connected to the electronic meeting. However, if a proclamation of local, state or national
emergency is in effect, a majority of a quorum of the council need not be physically present at
the physical location from which the electronic meeting originates or from which the council
members are connected to the electronic meeting in order for an electronic meeting to be held.
SECTION 4: That Chapter 2.04.060A, "Vacancies-Appointment Of Successor,"Salt Lake City
Code be, and the same hereby is amended to read as follows:
A. Determination And Filling Of Vacancies:
If the duly elected mayor shall die, resign, terminate legal domicile within the corporate limits of
the city as determined by a court of competent jurisdiction or be judicially removed fro office,
the office of mayor shall become vacant. The council shall pursuant to Utah Code Section 20A-
1-510 (Mid term vacancies in Municipal Offices), or its successor provisions, and within thirty
(30) days after such vacancy appoint a resident of the city, who otherwise qualified to be elected
mayor to fill such vacancy, The person so appointed shall serve as mayor until the next
municipal election and until a successor shall be duly qualified, elected and sworn into office.
14
SECTION 5: SEVERABILITY
If any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6: EFFECTIVE DATE
This ordinance shall take effect upon the date of its first publication.
Passed by the City Council of Salt Lake City,Utah this 9 day of
September , 2008.
CHAIRPERSON
ATTEST:
CAN/21214;Lp
Transmitted to Mayor on 9-10-08
Mayor's Action: X Approved. Vetoed.
Of
M YOR
ATTEST:
TY RECO ER �-mow•....
' APPROVED AS TO FORM
(SEAL) Y T , Salt Lakq C1ty, Attorneys Office
Bill No. 76 of 2008. !` :y m B'9 /X i..i j 3 (�
Published: y-�►I-08 9+y�os" ;14_,
�RI'OR�+ •'
H B_ATTY-#265-v4-Emergency_Succession_Powers_Ord.DOC
15