City of Centralia, MO
Boone County
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Table of Contents
Table of Contents
State Law Reference — As to civil defense and emergency management, see RSMo., § 44.010 et seq.
Cross Reference — As to riots and unlawful assemblies, see ch. 28 of this code.

Section 7-1 City Emergency Management Organization — established; purpose; composition. [1]

[Ord. No. 700 § 1, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990; Ord. No. 2094 § 1, 12-20-1999]
A. 
There is hereby created and established the City Emergency Management Organization for the preparation and the carrying out of all the emergency management functions, other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters in accordance with Chapter 44 of the Revised Statutes of Missouri.
B. 
This organization shall consist of a coordinator with the title of Emergency Management Director and other additional members to be selected by the Mayor and approved by the Board of Aldermen in order to conform to the State organization and procedures for the conduct of emergency operations as outlined in the State Emergency Management Plan and Program.
[1]
State Law Reference — Requiring establishment of such organizations by all political subdivisions, see RSMo., § 44.080.
Cross Reference — As to responsibilities of emergency management director, see §§ 7-3 and 7-4 of this chapter.

Section 7-2 Same — functions. [1]

[Ord. No. 700 § 3, 5-9-1960, Ord. No. 1529 § 1, 2-19-1990; Ord. No. 2094 § 2, 12-20-1999]
A. 
The City Emergency Management Organization shall perform such emergency management functions within the municipality as shall be prescribed by the State Emergency Management Plan and Program prepared by the Governor, the State Emergency Resources Management Plan and such orders, rules, and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual-aid agreement with any other political subdivision, municipality, or quasi-municipality entered into as provided by Chapter 44 of the Revised Statutes of Missouri, or the State Emergency Management Plan and Program.
B. 
The Mayor, with the approval of the Board of Aldermen, shall appoint, provide or remove any personnel needed by the organization for the proper function of its duties. The personnel may serve without compensation.
C. 
The City Emergency Management Organization shall have available at its office all orders, rules and regulations made by the Governor.
[1]
State Law Reference — See RSMo., §§ 44.080 and 44.112.
Cross Reference — Also see §§ 7-5 and 7-10.

Section 7-3 Same — Emergency Management Director — appointment — responsibilities generally. [1]

[Ord. No. 700 § 2, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990]
A. 
The coordinator of the City Emergency Management Organization, the Emergency Management Director, shall be appointed by the Mayor and approved by the Board of Aldermen and shall serve at the pleasure of both the Mayor and Board of Aldermen.
B. 
The Emergency Management Director shall have such responsibilities for the organization, administration, and operation of this organization as is delegated by the Mayor, subject to the direction and control of the Board of Aldermen as provided by Statute.
[1]
State Law Reference — As to definition of "executive officer", see RSMo., § 44.010 (7). As to authority of executive officer to appoint coordinator, see RSMo., § 44.080. Also see RSMo., § 79.250.
Cross Reference — See §§ 2-25, 2-27, 2-28, 2-29, 2-33, 2-40 and 22-18 of this code.

Section 7-4 Same — same — emergency action without statutory procedure. [1]

[Ord. No. 700 § 8, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990]
In the event of an emergency as defined in Chapter 44 of the Revised Statutes of Missouri, the Emergency Management Director is authorized to procure, on behalf of the City, such services, supplies, equipment or material as may be necessary to effect such emergency action as is determined in view of the existing emergency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by Chapter 44 of the Revised Statutes of Missouri; provided, that if the Board of Aldermen meets at such time, he shall act subject to the direction and restrictions imposed by that body.
[1]
State Law Reference — See RSMo., § 44.080.

Section 7-5 Mutual-aid arrangements. [1]

[Ord. No. 700 § 5, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990; Ord. No. 2094 § 3, 12-20-1999]
The Mayor, with the approval of the Governor, may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid. Such arrangements or agreements shall be consistent with the State Emergency Management Plan and Program, State Disaster Plan and Program, and Section 70.837 and Section 320.090, RSMo. In time of emergency it shall be the duty of the City Emergency Management Organization to render assistance in accordance with the provisions of such mutual-aid arrangements or agreements.
The Emergency Management Director may assist in negotiation of reciprocal mutual-aid agreements between his or her organization and other public and private agencies and between the Governor and the adjoining States or political subdivisions thereof, and shall carry out arrangements or agreements relating to the local unit.
[1]
State Law Reference — See RSMo., §§ 44.090, 70.837, 320.090.
Cross References — Also see §§ 7-2, 7-10, 10-3 and 24-29.

Section 7-6 City Emergency Operations Plan. [1]

[Ord. No. 700 § 9, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990; Ord. No. 2094 § 4, 12-20-1999]
A City Emergency Operations Plan shall be adopted by the Board of Aldermen, by resolution. The plan shall be reviewed by the Emergency Management Director who shall report in writing annually each June to the Board of Aldermen whether or not there are any recommended changes.
[1]
State Law Reference — Also see RSMo., § 44.080.

Section 7-7 Oath to be taken by personnel. [1]

[Ord. No. 700 § 10, 5-9-1960; Ord. No. 1529 § 1, 2-19-1990]
Every person appointed to serve in any capacity in the City Emergency Management Organization shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths, which shall be filed with the Emergency Management Director. The oath is as follows:
I, _______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or this State by force or violence; and that during such time as I am a member of the City Emergency Management Organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence.
[1]
State Law Reference — See RSMo., § 44.115.

Section 7-8 Designation of office area.

[Ord. No. 700 § 11, 5-9-1960; Ord. No. 2094 § 5, 12-20-1999]
The Mayor is authorized to designate space in any municipally owned or leased building for the City Emergency Management Organization as its office.

Section 7-9 Restrictions on employees. [1]

[Ord. No. 1529 § 2, 2-19-1990]
No person shall be employed or associated in any capacity in the City Emergency Management Organization who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in the State of Missouri or the overthrow of any Government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States. The City Emergency Management Organization shall not participate in any form of political activity, and it shall not be used directly or indirectly for political purposes.
[1]
State Law Reference — As to political activity, see RSMo., §§ 44.113 and 44.115.

Section 7-10 Emergency aid requests. [1]

[Ord. No. 1696 § 1, 9-21-1992]
A. 
When a request for emergency aid is made to the City of Centralia, Missouri at the time of a significant emergency such as a fire, earthquake, flood, tornado, hazardous material incident or other disaster, the City employees of the Electric Department, Water Department and Street Department may respond and render aid, unless the City Administrator or the Administrative Assistant to the City Administrator for Public Works decides otherwise for one (1) for more of such persons. Further, when such a request for emergency aid is made at the time of such a significant emergency, the personnel and members of the Emergency Management Organization, including the Emergency Management Director, may respond and render aid, unless the Mayor, the City Administrator or the Emergency Management Director decides otherwise for one (1) or more of such persons.
B. 
The authority given to City employees of the Electric Department, Water Department and Street Department and the personnel and members of the City Emergency Management Organization to respond and render emergency aid shall be limited to an area within a fifty (50) mile radius of the City of Centralia, unless the Mayor or the City Administrator authorizes a response beyond such area.
C. 
When responding to emergency aid requests, City employees of the Electric Department, Water Department and Street Department as well as the personnel and members of the City Emergency Management Organization shall be subject to all provisions of law as if said persons were providing service within the City.
[1]
State Law Reference — As to similar provisions, see § 70.837, RSMo.
Cross Reference — Also see §§ 7-5, 10-3 and 24-29 of this code.

Section 7-11 Violation of Mayor's order or emergency regulation. [1]

[Ord. No. 2094 § 6, 12-20-1999]
It shall be unlawful for any person to violate any order or emergency regulation of the Mayor, including emergency curfew orders or regulations, adopted by the Mayor during a state of emergency declared by the Mayor or the Governor of the State of Missouri.
[1]
State Law Reference — As to similar provisions, see § 44.130, RSMo.
Cross Reference — As to penalty, see § 1-7 of this code.