There is hereby created within and for the City of St. Charles an emergency management organization to be known as the City of St. Charles Emergency Management Organization, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director and other members appointed by the City of St. Charles Emergency Management Organization to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
The organization shall perform emergency management functions within the City of St. Charles 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., and supplements thereto.
The Director will be appointed by the Mayor and shall serve at the pleasure of the Mayor.
The Director shall have direct responsibility for the organization, administration and operations of local emergency management operations, subject to the direction and control of the Mayor or City Council.
The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the City of St. Charles Emergency Management Organization.
The City of St. Charles 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, the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the 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 without compensation.
The Mayor or Public Safety Agency may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid as authorized in Section 44.090, RSMo.
The Mayor of the City may, with the consent of the Governor, accept services, materials, equipment, supplies or funds gifted, granted or loaned by the Federal Government or an officer or agency thereof for emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in the City of St. Charles 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 this State 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. Each person who is appointed to serve in the City of St. Charles Emergency Management Organization 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 substantially 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 of this State by force or violence; and that during such a time as I am a member of the City of St. Charles 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."
The Mayor is authorized to designate space in any City-owned or leased building for the City of St. Charles Emergency Management Organization.
[R.O. 2009 §41.12; CC 1981 §7-12; Ord. No. 93-157, 7-9-1993; Ord. No. 07-162, 6-11-2007]
Whenever it is the judgment of the Mayor, or in the Mayor's absence or inability to act, the Mayor Pro Tem, that there reasonably appears to exist a state of civil emergency within the City or the clear threat of such a civil emergency exists, the Mayor shall be empowered, in order to preserve the peace and order of the City and protect its citizens and their property, in addition to any other power granted to the Mayor by law, to issue a proclamation declaring a state of civil emergency to exist.
The Mayor may in the proclamation exercise such of the following powers as to the Mayor may appear reasonably necessary for the purposes aforesaid:
Impose a curfew upon all or any portion of the City as the Mayor may deem advisable during such hours of the day or night as the Mayor deems necessary. In such times and in such places, all persons shall remove themselves to their places of residence, shall remain off and away from the public streets, sidewalks, parkways, parks and all other open or public places and shall not assemble, gather, loiter or congregate in any manner in groups, assemblies or meetings; provided however, persons performing medical services, essential utility services, public officials, Police Officers, Firefighters and all other persons explicitly enumerated as exempted in such proclamation may be exempted from the curfew;
Order the closing of any and all business establishments throughout the City or any portion thereof during the period for which the state of emergency exists or during the curfew hours;
Order discontinuance of selling, distributing, dispensing or giving away of any firearms or other weapons of any character whatsoever;
Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition or other weapons of any character whatsoever;
Order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquor;
Order the discontinuance of the sale, distribution or giving away of intoxicating liquors;
Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor is permitted;
Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of gasoline or other liquid, flammable or combustible products;
Designate any public place, public street, thoroughfare, boulevard, parking area and any other place closed to motor vehicles, persons and pedestrian traffic; and
Order all regular, special and reserve Policemen, Firemen and other conservators of the peace to report for duty assignment, such reporting to be in accordance with prearranged plans or under the direction of lawful authority.
[R.O. 2009 §41.13; CC 1981 §7-14; Ord. No. 93-181, 8-17-1993; Ord. No. 07-162, 6-11-2007]
The Mayor may waive fees for inspections of buildings and facilities, including building fees, electrical fees, plumbing fees and other similar fees, when the inspections are necessary because of flooding or other natural disasters occurring within the City.