Editor’s Note — Section 1 of Ord. No. 5926, adopted 8-8-2013, renamed this chapter, and Section 2 of Ord. No. 5926 created Article I, to consist of Sections 235.010 through 235.120.
[R.O. 2007 §235.010; CC 1978 §250.010; Ord. No. 815 §1, 4-21-1981]
There is hereby created within and for the territory of the City of O'Fallon, Missouri, an Emergency Preparedness Organization to be known as the City of O'Fallon Emergency Management Agency, which is responsible for the preparation and implementation of emergency functions required to prevent, minimize and repair injury and damage due to disasters, including emergency management of resources and administration of such economic controls as may be needed to provide for the public welfare, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., and the Missouri Operations Plan and Program adopted thereunder.
[R.O. 2007 §235.020; CC 1978 §250.020; Ord. No. 815 §2, 4-21-1981]
The Emergency Management Agency shall consist of a Coordinator, Deputy Coordinator, and other members, as necessary, appointed by the Mayor to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the Missouri Operations Plan and Program.
[R.O. 2007 §235.030; CC 1978 §250.030; Ord. No. 815 §3, 4-21-1981]
The Organization shall perform emergency management functions within the territorial limits of the City of O'Fallon, Missouri, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, RSMo.
[R.O. 2007 §235.040; CC 1978 §250.040; Ord. No. 815 §4, 4-21-1981]
The Chief of Police shall serve as Coordinator and shall recommend appointment of the Deputy Coordinator.
The Coordinator shall have direct responsibility for the organization, administration and operations of local emergency management activities.
The Deputy Coordinator shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Emergency Management office.
[R.O. 2007 §235.050; CC 1978 §250.050; Ord. No. 815 §5, 4-21-1981]
The Mayor of the City of O'Fallon and the Coordinator, in accordance with Chapter 44, RSMo., may:
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes, provide for the health and safety of persons, including emergency assistance to victims of an enemy attack; ensure the safety of property, and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of Federal and State Governments;
Appoint, provide, or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units or personnel who may serve with or without compensation;
In the event of enemy attack, waive the provisions of State Statutes requiring advertisements for bids for the performance of public works or entering into contracts;
With the approval of the Governor and consistent with the Missouri Operations Plan and Program, enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid;
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for disaster planning and operations purposes.
[R.O. 2007 §235.060; CC 1978 §250.060; Ord. No. 815 §6, 4-21-1981]
No person shall be employed or associated in any capacity with the City of O'Fallon Emergency Management Agency advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this State or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve with the City of O'Fallon Emergency Management Agency shall, before entering upon his/her duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be as follows:
"I, ____________________ do solemnly swear 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 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 of this State by force or violence; and that during such time as I am a member of the City of O'Fallon Emergency Management Agency, I will not advocate or 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."
[R.O. 2007 §235.070; CC 1978 §250.070; Ord. No. 815 §7, 4-21-1981]
Should the Mayor and the Coordinator disagree on any policy or decision, the opinion of the Mayor shall prevail, subject to review by the City Council.
[R.O. 2007 §235.080; CC 1978 §250.080; Ord. No. 815 §8, 4-21-1981]
The provisions of this Chapter shall be operative only during the existence of a state of emergency (referred to in this Chapter as "emergency"). The existence of an emergency may be proclaimed by the Governor or by resolution of the legislature, if the Governor in his/her proclamation, or the legislature in its resolution, finds that an attack upon the United States has occurred, or that a natural or man-made disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State and City require an invocation of the provisions of this Chapter.
[R.O. 2007 §235.090; CC 1978 §250.090; Ord. No. 815 §9, 4-21-1981]
When any property is seized, taken or requisitioned under this Chapter, the Circuit Court of St. Charles County may on the application of the owner thereof or on the application of the Governor in cases where numerous claims may be filed, appoint three (3) disinterested Commissioners in the manner provided by Section 523.040, RSMo., to assess the damages which the owners may have sustained by reason of the appropriation thereof. Upon the application the amount due because of the seizure of property shall be determined in the manner provided in Chapter 523, RSMo., for the determination of damages in case of the exercise of the power of eminent domain.
[R.O. 2007 §235.100; CC 1978 §250.100; Ord. No. 815 §10, 4-21-1981]
The Mayor of the City of O'Fallon is authorized to designate space in any building owned or leased by the City for the O'Fallon Emergency Management Command Center.
[R.O. 2007 §235.110; CC 1978 §250.110; Ord. No. 815 §11, 4-21-1981]
Any person violating any rule or regulation adopted under this Chapter, after it has become effective during an emergency or any person or officer violating any provision of this law shall be deemed guilty of an offense.
[R.O. 2007 §235.120; CC 1978 §250.120; Ord. No. 863 §§1—2, 10-1-1981]
Under the provisions of Section 44.010 et seq., RSMo., Missouri Cities of the Third Class, O'Fallon being such, have the authority to provide for the civil defense as part of the public welfare, and to establish plans to accomplish that purpose.
Pursuant to said statutory authority, as well as the preceding Sections of this Chapter, the current Civil Preparedness Plan, which is incorporated by reference herein, and a copy of which is on file in the office of the City Clerk, is hereby adopted by the City of O'Fallon, superseding the Disaster Survival Plan dated December 3, 1964.
[Ord. No. 5926 §3, 8-8-2013]
In addition to such powers and procedures as may be provided under the City's emergency response plans and procedures, and subject to annual appropriation or Council approval as hereinafter provided, in response to a qualifying weather or disaster event as hereinafter defined, the Mayor may declare the need for emergency response in areas of the City affected by the event and specifically defined in such declaration and, within such areas, may:
Suspend the normal rules and restrictions for collection of debris, yard waste and tree debris by the City's trash haulers and temporarily implement different rules and restrictions allowing greater flexibility in the collection of debris, yard waste and tree debris; and/or
Waive fees for collection of excess debris, yard waste and tree debris; and/or
In accordance with the City's applicable purchasing procedures, provide for, coordinate and engage contractors or equipment to perform special collection, transportation and disposal, at the City's cost, of waste and natural debris (trees, shrubs, limbs and similar vegetative debris) resulting from the qualifying weather event.
Internal and third party costs associated with special collection, transportation and disposal of storm or disaster debris shall be limited to that amount appropriated by the City Council as part of the budget or to that amount approved by the City Council in other action.
For purposes of this Section, a "qualifying weather or disaster event" shall mean an event which:
Results in a declaration of disaster or emergency encompassing a part of the City of O'Fallon by either the President of the United States or the Governor of the State of Missouri, or
Results in widespread damage and destruction of property of such severity as to affect the public generally and pose an unreasonable risk to the public health, safety and welfare.