[R.O. 2008 § 235.010; 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. 2008 § 235.020; 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. 2008 § 235.030; 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. 2008 § 235.040; R.O. 2007
§ 235.040; CC 1978 § 250.040; Ord. No. 815 § 4, 4-21-1981]
A.
The Chief of Police shall serve as Coordinator
and shall recommend appointment of the Deputy Coordinator.
B.
The Coordinator shall have direct responsibility
for the organization, administration and operations of local emergency
management activities.
C.
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. 2008 § 235.050; R.O. 2007
§ 235.050; CC 1978 § 250.050; Ord. No. 815 § 5, 4-21-1981]
A.
The Mayor of the City of O'Fallon and the
Coordinator, in accordance with Chapter 44, RSMo., may:
1.
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;
2.
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;
3.
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;
4.
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;
5.
Accept services, materials, equipment,
supplies or funds granted or loaned by the Federal Government for
disaster planning and operations purposes.
[R.O. 2008 § 235.060; 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. 2008 § 235.070; 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. 2008 § 235.080; 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. 2008 § 235.090; 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. 2008 § 235.100; 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. 2008 § 235.110; 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. 2008 § 235.120; R.O. 2007
§ 235.120; CC 1978 § 250.120; Ord. No. 863 §§ 1 – 2, 10-1-1981]
A.
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.
B.
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.
A.
LAW ENFORCEMENT OFFICER
REQUESTING ENTITY
SENDING AGENCY
For
purposes of this Section, the following terms mean:
Any public servant having both the power and duty to make
arrests for violations of any ordinance or law of this State, and
any Federal Law Enforcement Officer authorized to carry firearms and
to make arrests for violations of the laws of the United States.
Any law enforcement agency or entity within this State empowered
by law to maintain a law enforcement agency.
A law enforcement agency that has been requested to provide
assistance by a requesting entity.
B.
Whenever
any law enforcement agency enters into a mutual aid arrangement or
agreement with another entity as provided in Section 44.090, RSMo.,
any Law Enforcement Officer assisting the requesting entity shall
have the same powers of arrest as he or she has in his or her own
jurisdiction and the same powers of arrest as officers of the requesting
entity. Such powers shall be limited to the location where such services
are requested to be provided, for the duration of the specific event,
and while acting under the direction of the requesting entity's Chief
Law Enforcement Officer or his or her designee.
C.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall be
deemed an employee of the sending agency and shall be subject to the
workers' compensation, overtime, and expense reimbursement provisions
provided to him or her as an employee of the sending agency.
D.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall enjoy
the same legal immunities as an officer of the requesting entity,
including sovereign immunity, official immunity, and the public duty
doctrine.
E.
Nothing
in this Section shall be construed to limit the powers of arrest provided
to a Law Enforcement Officer by any other law.
[R.O. 2008 § 235.130; Ord. No. 5926 § 3, 8-8-2013; Ord. No. 6934, 7-28-2022]
A.
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:
1.
Suspend the normal rules and restrictions
for collection of demolition debris, damaged fixtures and appliances,
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 such materials; and/or
2.
Waive fees for collection of excess
debris, yard waste and tree debris and permitting and other City fees
associated with reconstruction of damaged structures and replacement
of damaged equipment; and/or
3.
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 damaged fixtures and appliances and demolition
debris, waste and natural debris (including trees, shrubs, limbs and
similar vegetative debris) resulting from the qualifying weather event.
B.
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.
C.
For purposes of this Section, a "qualifying
weather or disaster event" shall mean an event which:
1.
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
2.
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.
