There is hereby created within and for the City of Ste. Genevieve
an emergency management organization to be known as the Ste. Genevieve
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 Ste. Genevieve 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 Ste. Genevieve 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 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 Ste. Genevieve 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 Ste. Genevieve 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 Ste. Genevieve 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 Ste. Genevieve Emergency Management Organization.
For the purposes of this Article, 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 manmade
disaster or calamity; or imminent danger of any of the foregoing.
MAYOR
The Mayor of the City or, in his/her absence or inability
to act, the Acting President of the Board of Aldermen.
[CC 1985 §6-42]
When in the judgment of the Mayor a civil emergency is deemed
to exist, he/she shall forthwith proclaim in writing the existence
thereof.
[CC 1985 §6-43]
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.
[CC 1985 §6-44]
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 however, 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.
[CC 1985 §6-46]
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 (1st);
provided however, that the Board of Aldermen shall have the power
to terminate civil emergency at any time.