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.
A.
The Director
will be appointed by the Mayor and shall serve at the pleasure of
the Mayor.
B.
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.
C.
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.
A.
The City
of Osage Beach 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, 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.
2.
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:
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"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 Osage Beach 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."
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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:
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]
A.
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:
1.
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;
2.
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;
3.
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;
4.
To require
emergency services of any officials or employees of the City;
5.
To requisition
necessary material of any City department;
6.
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;
7.
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;
8.
To order
a reduction in the use of all utilities throughout the City during
the state of civil emergency;
9.
To order
the discontinuance of the selling, distributing, dispensing or giving
away of any firearms or other weapons of any character whatsoever;
10.
To
order the discontinuance of the sale, distribution or giving away
of intoxicating liquor or non-intoxicating beer;
11.
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;
12.
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
13.
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.
