[CC 1970 §6-1; Ord. No. 5207 §1, 12-12-1995]
For purposes of this Chapter, the following words and phrases
shall have the meanings set below, unless the context requires otherwise:
Disasters which may result from terrorism, including bioterrorism,
or from fire, wind, flood, earthquake, or other natural or man-made
causes.
Any state of emergency declared by proclamation by the Governor,
or by resolution of the legislature pursuant to Sections 44.010 to
44.130, RSMo., upon the actual occurrence of a natural or man-made
disaster of major proportions within this State when the safety and
welfare of the inhabitants of this State are jeopardized.
Government at all levels performing emergency functions,
other than functions for which military forces are primarily responsible.
Emergency operations center.
The activities of the Emergency Management Director in the
implementation of emergency operations plans during time of emergency.
Those activities which eliminate or reduce the chance of
occurrence or the effects of a disaster.
Activities of the State and local Emergency Management Agency
in the formulation of emergency management plans to be used in time
of emergency.
Those activities designed to return a community's systems
to normal or near normal.
Those activities designed to provide emergency assistance
to victims of a disaster and to reduce the likelihood of secondary
damage.
Structural assessment, visual evaluation.
[CC 1970 §6-2; Ord. No. 5207 §1, 12-12-1995]
The City Manager shall have general overall control of the City's
emergency management program and shall be responsible for causing
the provisions of this Chapter to be carried out in a timely and effective
fashion. To that end, the City Manager shall appoint either the Police
Chief or Fire Chief as the Emergency Management Director for the City
of Clayton. In addition to his/her regular duties, said Emergency
Management Director shall direct and coordinate all civil defense
and emergency management activities of the City. The Emergency Management
Director shall report directly to the City Manager and serve an indeterminate
length of time.
[CC 1970 §6-3; Ord. No. 5207 §1, 12-12-1995]
A.
The Emergency
Management Director shall perform a variety of duties in conjunction
with his/her responsibility to provide an adequate emergency management
program for the City. These shall relate to the mitigation, preparedness,
response and recovery phases of comprehensive emergency management
with specific functions and tasks delineated as follows:
1.
To review
the existing legal authority to accomplish and effectuate the duties
of the position of Emergency Management Director and, should inadequate
authority be found to exist, to make such recommendations as to the
type of ordinance provisions or Charter amendments which would supply
the legal authority to act.
2.
To conduct
hazard identification and vulnerability analyses with regard to those
threats which pose the greatest danger to the City and to develop
specific response plans toward mitigating their potential effects.
3.
To consult
with City Officials and other department heads with regard to the
development and adoption of building codes and inspection procedures
for new construction, which will enhance the survivability of such
structures in the event of an earthquake or similar type disaster.
4.
To make
a study of the available emergency management resources of the City
and the extent to which they should be supplemented. Recommendations
shall be tendered to the City Manager and will include a written estimate
of the costs associated with the adoption of such proposals. All non-emergency
budgetary requests and/or estimates shall be made in accordance with
existing policies and procedures.
5.
To make
a study of the available corporate, civic and private resources within
the community which may be called into service by the City during
a disaster situation. Pre-disaster assistance agreements will be obtained
as feasible and are to be entered into a resource log which shall
be periodically reviewed and updated.
6.
To prepare
a City-wide emergency management plan which shall serve as the basis
for the City's response to an emergency event. The plan will subsequently
be submitted to the City Manager for his/her review and upon his/her
approval thereof, a copy of the emergency management plan shall be
distributed to all City departments and elected officials.
7.
To institute
and conduct periodic emergency preparedness training programs for
City employees, to include semi-annual emergency management training
exercises for various elected officials, department heads and other
selected emergency service workers.
8.
To institute
and conduct periodic public information and public relations programs
pertaining to emergency preparedness.
9.
To procure
and store necessary emergency supplies and equipment in the various
City facilities and to inventory and update the cached supplies on
a periodic basis.
10.
To
direct and coordinate all the components of the emergency management
system within the City to include fire and Police, emergency medical
service, public works, volunteers and other groups contributing to
the management of an emergency.
11.
To
establish and safeguard a system of communications between the various
City departments and outside civilian and governmental agencies as
soon after a disaster as practicable. The system shall include a method
or route to provide a stable flow of current and/or updated information
to the Mayor and the Board of Aldermen for subsequent dissemination
to the public.
12.
To
enter into those mutual-aid agreements as are deemed necessary and
practical and to cooperate with the civil defense and emergency management
agencies of the United States, the State of Missouri and other local
political subdivisions and organizations, as appropriate.
13.
To
assess the damages inflicted by a disaster and forward such information
to the Mayor and Board of Aldermen in a timely manner, preparatory
to a mayoral declaration of a state of emergency.
14.
To
establish an emergency operations center, a public information center,
temporary living shelters, treatment centers, staging areas, a temporary
morgue and any other support facilities that are deemed necessary
to the efficient and effective functioning of the response and recovery
phases of the City's emergency management program.
15.
To
identify methods by which alternate supplies of electricity, water,
telephone and other essential utility services can be secured in the
event of a major disruption.
16.
To
document in a permanent written record the decisions and actions of
the EOC staff as they pertain to the handling of a disaster situation.
Included in such record shall be a detailed itemization of personnel
and equipment expenses, along with any physical damages the City may
have incurred to its facilities and infrastructure. To facilitate
compliance with Federal reporting requirements, said damage assessment
shall address each of the following categories:
Category A: Debris clearance or the removal
of damaged structures or objects from public roads or streets, public
property, private property.
Category B: Protective measures which are taken
to protect life, safety, property and health. This shall include evacuations,
traffic control and the use of barricades.
Category C: Road systems or the degree to which
roads, streets, bridges and culverts are damaged or destroyed.
Category D: Water control facilities or the
extent to which dikes, levees, dams and other water facilities are
damaged or destroyed.
Category E: Public buildings and equipment
which will include the number and cost of buildings, supplies and/or
inventory, vehicles or other equipment that were damaged or destroyed.
Category F: Public utility systems within the
political jurisdiction that sustain damage, to include water and sewer
systems, storm drains, light and power, heat and other utilities.
Category G: Public facilities under construction.
Category H: Private non-profit facilities such
as educational, emergency, medical and custodial facilities which
may have sustained damage. However, this shall not include places
used exclusively for worship.
Category I: Parks, recreational and other facilities
that are damaged or destroyed, to include parks, sports complexes
and fields, community centers, etc.
Category J: Political jurisdiction financial
effort, which shall include overtime costs, mileage expenses, operational
expenses, etc.
The completed document shall then be utilized as the basis for
any subsequent claim(s) submitted to the Federal Emergency Management
Agency requesting reimbursement.
17.
To
ensure that all emergency tasks are carried out within the legal authority
provided by this Chapter.
18.
To
address any additional matters which are deemed necessary for the
formulation of an adequate emergency management program for the City.
[CC 1970 §6-4; Ord. No. 5207 §1, 12-12-1995]
A.
As the
chief elected official of the City, the Mayor shall, in the event
of a technological or natural disaster, be responsible for the issuance
of a declaration of a state of emergency. Once such a declaration
is made, it shall then confer certain discretionary emergency powers
to the Emergency Management Director to be employed as prudence and
circumstances require.
B.
Should
the Mayor be incapacitated or be otherwise unavailable, the Mayor
Pro Tem or a simple majority of the Board of Aldermen, may declare
a state of emergency.
[CC 1970 §6-5; Ord. No. 5207 §1, 12-12-1995]
A.
In the
event of a natural or manmade disaster, wherein the City or a portion
of the City is severely affected, the Emergency Management Director
shall, upon the issuance of an official declaration of a state of
emergency by the Mayor or other elected authority, have the authority
to initiate certain emergency actions in the interests of public safety:
1.
Immediately
following the declaration of a state of emergency, the Emergency Management
Director may, contingent upon existing circumstances, institute the
following emergency procedures:
a.
Suspend
routine governmental services for either the duration of an emergency
or until the situation has stabilized to the point that resources
may be safely diverted toward the resumption of normal services.
b.
Proclaim
a general curfew in the affected areas, where all persons, excluding
emergency service workers, registered volunteers or those individuals
with official sanction, shall be prohibited from entering or transiting
designated restricted areas either by foot, bicycle or motor vehicle.
c.
Extend
the acceptable ceiling for fixed-wing and rotary aircraft flight to
a minimum of two thousand (2,000) feet from the current ceiling of
five hundred (500) feet. However, this Section shall not apply to
those medical or supply flights arriving or departing along prearranged
flight paths from established emergency treatment and/or staging areas.
d.
Suspend
the sale of intoxicating liquor by the package at all retail, wholesale
and manufacturing outlets within the City. In addition, while the
sale of intoxicating liquor by the drink will generally be permitted
at licensed establishments, such sale shall be terminated at 8:00
P.M. of each calendar day.
e.
Organize
civilian volunteers into supplemental labor battalions and provide
such workers with the necessary supervision, protective equipment,
tools and provisions necessary to do the job.
f.
Enter
into contracts with private vendors, contractors or merchants to procure
emergency supplies, equipment or services without regard to the requisite
bid process.
g.
Order
and conduct such evacuations as are consistent with the safety and
welfare of the general public.
h.
Commandeer
vehicles, equipment, fuel, supplies, buildings or parcels of real
property deemed necessary to the prompt and efficient functioning
of the City's emergency management and civil defense apparatus.
When any property is seized, taken or requisitioned under this
Section, the Board of Aldermen will, on the application of the owner
thereof, assess any damages which the owners may have sustained by
reason of the appropriation and determine the amount and form of compensation
due the owner.
i.
Deputize
SAVE (structural assessment, visual evaluation) volunteers as deputy
Building Inspectors and provide such volunteers with a full and timely
reimbursement of their expenses, to include travel, meals, lodging
and such other miscellaneous expenses as may be incurred.
j.
Establish
and coordinate a building inspection program where damaged structures
are evaluated for continued occupancy and/or use. This will include
barring residents, owners or managers, tenants or employees thereof
from entering those structures which are deemed too dangerous to enter.
Essential facilities or those identified as critical to the
emergency response effort shall be given first (1st) priority in the
evaluation process.
Structures which are noted to be severely damaged to the point that they constitute a detriment to the health, safety and welfare of people shall be declared a nuisance and handled in a manner deemed necessary for public safety irrespective of the provisions of the Property Maintenance Code, Section 500.040 of the City's Code of Ordinances.
k.
Approve
excavation, demolition or other related construction type activities
irrespective of existing limitations established in Section 215.765(3)
of the City's Code of Ordinances.
l.
Waive vehicle size and weight restrictions in accordance with the authority granted in Section 360.240 of the City's Code of Ordinances.
m.
Coordinate
local response and relief efforts with the Federal Emergency Management
Agency, the office of the Governor of Missouri, the State Emergency
Management Agency, the Missouri National Guard, St. Louis County,
the Red Cross, local jurisdictions and such other private or governmental
agencies as may be applicable.
n.
Perform
such other measures as are necessary to promote and secure the safety
and protection of the civilian population.
2.
Whereas the enactment of all of the provisions set forth in Subsection (1) above may not be required in certain situations, the Emergency Management Director shall have full discretion to initiate those provisions which are most applicable to the circumstances surrounding a given emergency situation.
3.
The provisions of Subsection (1) of this Section shall not generally exceed seven (7) calendar days in duration but may, with the express approval of the Mayor and Board of Aldermen, be extended as circumstances require.
4.
Once the emergency decrees have been put into effect, any person who shall be found guilty of a violation of the provisions set forth in paragraphs (b—d) and (g) of Subsection (1) above shall be deemed guilty of a misdemeanor.
5.
The
state of emergency shall terminate upon proclamation by the Mayor
or resolution by the Board of Aldermen.
[CC 1970 §6-6; Ord. No. 5207 §1, 12-12-1995]
The Emergency Management Director shall have the authority to
appoint a Deputy Emergency Management Director from within the top
command rank of either the Police or Fire Departments and to utilize
other subordinate personnel to perform specific assignments as required.
In addition to his/her routine duties, the Deputy Emergency Management
Director shall be responsible to provide assistance in fulfilling
the emergency preparedness duties and obligations tasked to his/her
superior and shall serve as the Emergency Management Director in the
event that the former becomes incapacitated or is otherwise unavailable.
Recommendations for such an appointment will be submitted to the City
Manager for approval prior to the nominee assuming the position.
[CC 1970 §6-7; Ord. No. 5207 §1, 12-12-1995]
Under the authority set forth in Section 70.783, RSMo., the
Clayton Police, Fire and Public Works Departments are authorized to
respond and provide assistance as requested in any mutual aid or emergency
aid request in the State of Missouri or any bordering State having
reciprocal legislation.
[CC 1970 §6-8; Ord. No. 5207 §1, 12-12-1995]
A.
In the
event of a technological or natural disaster, the Emergency Management
Director shall have full authority to expend those funds which are
necessary to meet the demands of the situation in accordance with
the interests of both the City and public safety.
B.
The Emergency
Management Director shall follow all purchasing requirements established
by the City and shall maintain the appropriate records covering such
expenditures, except as outlined in Section 230.050(1)(f) of this
Chapter.
[CC 1970 §6-9; Ord. No. 5344 §1, 6-24-1997]
Neither the City, its elected or appointed officials, nor any
officer or member of the City's emergency management staff shall be
liable for personal injury or property damage sustained by any person
appointed or acting as a volunteer worker or member of any agency
engaged in emergency management activities. Neither shall the City
or any official or employee thereof be liable for the death or injury
of any persons or damage to property resulting from emergency management
activities, except as provided for by Section 230.050(1)(h) of this
Chapter.
[CC 1970 §6-10; Ord. No. 5344 §1, 6-24-1997]
In the event the Federal Government, the State or any individual
person, firm, corporation, group or private agency offers services,
equipment, supplies, materials or funds to the City by way of donation,
gift or loan for purposes of emergency management, the Emergency Management
Director may accept such offer, contingent upon the terms of the donation,
gift or loan and any associated rules and regulations, if any, governing
its use. Should the terms be found to be acceptable, the Emergency
Management Director shall direct the appropriate City department to
take receipt of the goods or services offered.
