There is hereby created within and for the City of Osage Beach an emergency management organization to be known as the Osage Beach 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 Osage Beach 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 Osage Beach 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 Board of Aldermen.
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 Osage Beach Emergency Management Organization.
The City of Osage Beach 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 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 Osage Beach 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 Osage Beach 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:
The Mayor is authorized to designate space in any City-owned or leased building for the Osage Beach Emergency Management Organization.
[R.O. 2006 §230.090; Code 1975 §§77.010, 77.020; CC 1985 §8-41; Ord. No. 11.54 §1, 10-7-2011]
For the purposes of this Article, Section 225.090 to Section 225.160, the following terms shall have the meanings respectively ascribed to them:
- CIVIL EMERGENCY
- A riot or unlawful assembly characterized by the use of force or violence, civil commotion or uprising or any natural or man-made disaster or calamity; or imminent danger of any of the foregoing.
- The Mayor of the City, or in his/her absence or inability to act, the City Administrator.
[R.O. 2006 §230.100; Code 1975 §§77.010, 77.020; CC 1985 §8-42; Ord. No. 11.54 §1, 10-7-2011]
When, in the judgment of the Mayor, a civil emergency is deemed to exist, he/she shall forthwith proclaim in writing the existence thereof. Upon the proclamation of a civil emergency, the Mayor shall have the power to call the Board of Aldermen into immediate session for so long as is necessary to deal with the emergency. When the civil emergency is ended, such proclamation shall be withdrawn by the same method used when it was issued.
[R.O. 2006 §230.110; Code 1975 §§77.010, 77.020; CC 1985 §8-43]
Any proclamation of a civil emergency shall be promptly communicated to all available news media for dissemination to the public, and the original thereof shall be filed in the office of the City Clerk.
[R.O. 2006 §230.120; Code 1975 §§77.010, 77.020; CC 1985 §8-44]
After the proclamation of a civil emergency by the Mayor, he/she may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he/she may deem advisable, and the curfew shall be applicable during the hours of the day or night as he/she may deem necessary in the interest of public safety and welfare. In the designated areas and during the designated hours of any such curfew, all persons shall remove themselves to and remain in their places of residence, remain off and away from the public streets, sidewalks, parks and all other public or open places; and no persons shall loiter or gather together in groups at any place for any purpose whatsoever; provided, that persons performing medical services, essential public utility services, public officials, Law Enforcement Officers, Firemen and other persons officially designated to perform some duty with reference to the civil emergency are exempt from the curfew.
[R.O. 2006 §230.130; Code 1975 §§77.010, 77.020; CC 1985 §8-45; Ord. No. 11.54 §1, 10-7-2011]
After the proclamation of a civil emergency, the Mayor shall, in addition to all other powers granted to him/her by the laws of the State, this Code and other ordinances of the City, be empowered in the interest of the public safety and welfare and to preserve the peace and order of the City, to exercise any or all of the powers hereinafter granted, as follows:
To alert the Civil Defense Organization and the inhabitants of the City of an actual or threatened disaster or upon declaration of a state of emergency by duly authorized Federal, State or County authorities;
To make and issue proclamations and regulations on matters reasonably related to the protection of life and property during an actual disaster within the City or pending a threatened or imminent disaster;
During an emergency as defined by the Missouri Civil Defense Act of 1967, Chapter 44, RSMo., or during an emergency declared by the Mayor, to waive statutory and ordinance procurement procedures and to authorize procurement by the City of services, supplies, equipment and material without regard to the provisions of such statutory or ordinance procurement procedures, and to bind the City for the cost thereof, and to requisition, commandeer or seize vital and necessary property for public use if necessary, subject to the right of the owner of such property to have damages determined as provided by the State Statutes in case of the exercise of the power of eminent domain. The Mayor shall promptly notify the Board of any expenditures or contracts made pursuant to this Section, for which the Board shall then either approve or reject the contract and in the event of a rejection pay to the vendor a reasonable sum in quantum meruit for services or supplies received;
To require emergency services of any officials or employees of the City;
To requisition necessary material of any City department;
To delegate such duties as are herein authorized for the purpose of implementing and directing the civil defense and disaster relief program of the City;
To order the closing of any and all business establishments throughout the City or any portion thereof during the period for which the civil emergency exists or during the hours of curfew;
To order a reduction in the use of all utilities throughout the City during the state of civil emergency;
To order the discontinuance of the selling, distributing, dispensing or giving away of any firearms or other weapons of any character whatsoever;
To order the discontinuance of the sale, distribution or giving away of intoxicating liquor or non-intoxicating beer;
To order the discontinuance of the selling, distribution or giving away of gasoline or other flammable liquids or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
To order any public place or building, public street or alley, sidewalk, parking area and any place closed to motor vehicles, persons and pedestrian traffic; and
To order the doing of or refraining from all acts necessary and incidental to the protection of life and property.
[R.O. 2006 §230.140; Code 1975 §§77.010, 77.020; CC 1985 §8-46]
A proclamation issued in accordance with the provisions of this Article shall remain in effect continuously from the date and time of the issuance thereof for such a period of time as may specifically be prescribed therein or upon the issuance of a proclamation determining the civil emergency no longer exists, whichever occurs first; provided, the Board of Aldermen shall have the power to terminate civil emergency at any time.
[R.O. 2006 §230.150; Ord. No. 95.44 §1(8-47), 9-21-1995]
The City of Osage Beach may enter into mutual-aid arrangements or agreements with other public or private agencies within and without the State for reciprocal aid during the time a civil emergency is deemed to exist. In the time of a civil emergency, the City of Osage Beach may render assistance in accordance with the provisions of such mutual-aid arrangements or agreements.
[Ord. No. 11.54 §2, 10-7-2011]
All actions taken and contracts made on behalf of the City by the Mayor or the City Administrator acting pursuant to a proclamation of an emergency shall be ratified or terminated at the next meeting of the Board of Aldermen. For expenditures made without an ongoing contract, approval within the "Bills List" submitted to the Board of Aldermen pursuant to Section 135.020 shall constitute approval for this Section.