[R.O. 2009 § 210.010]
There is hereby created within and
for the City of Bolivar an emergency management organization to be
known as the "Bolivar 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.
[R.O. 2009 § 210.020]
This agency shall consist of a Director
and other members appointed by the Bolivar 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.
[R.O. 2009 § 210.030]
The organization shall perform emergency
management functions within the City of Bolivar 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.
[R.O. 2009 § 210.040]
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 and 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 Bolivar Emergency Management
Organization.
[R.O. 2009 § 210.050]
A.
The City of Bolivar 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.
[R.O. 2009 § 210.060]
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.
[R.O. 2009 § 210.070]
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.
[R.O. 2009 § 210.080]
No person shall be employed or associated
in any capacity in the Bolivar 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 Bolivar 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 Bolivar 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."
[R.O. 2009 § 210.090]
The Mayor is authorized to designate
space in any City-owned or leased building for the Bolivar Emergency
Management Organization.
[Ord. No. 3597, 3-17-2020]
A.
Whenever,
after consultation with appropriate City Officials as determined within
the Mayor's discretion, it is the judgment of the Mayor (or in the
Mayor's absence or inability to act, the City Administrator, or, if
both the Mayor and the City Administrator are absent or unable to
act, then the President of the Board of Aldermen) that there reasonably
appears to exist, or there is a clear or imminent threat of, a state
of emergency within the City because of disease, riots, general civil
disobedience or disorder or natural or other disaster, or enemy attack,
then the Mayor or such successor shall be empowered, in order to suppress
such events or actions, 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 declaration of a state
of civil or other emergency or disaster to exist.
B.
Upon
a declaration of emergency, the Mayor may exercise such of the following
powers as to the Mayor may appear reasonably necessary for the purposes
mentioned in this Section:
1.
In case of disease, order the imposition of quarantine as reasonably
needed to prevent the spread of disease, with such imposition of quarantine
to be narrowly tailored to be the least restrictive as necessary under
the circumstances after consultation with public health officials
or other qualified medical providers as the Mayor may deem advisable;
2.
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 or essential utility services,
public officials, police officers, firefighters and all other persons
explicitly enumerated as exempted by the Mayor may be exempted from
the curfew;
3.
Order a restriction on the number of persons that may be gathered
in certain areas or at certain events as deemed advisable by the Mayor;
provided, however, persons performing medical services or essential
utility services, public officials, Police Officers, firefighters
and all other persons explicitly enumerated as exempted by the Mayor
may be exempted from this Subsection;
4.
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;
5.
Designate any public place, public street, thoroughfare, boulevard,
parking area or other place closed to motor vehicles, persons and
pedestrian traffic; and
6.
Order all regular, special and auxiliary Police Officers, firefighters
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.
C.
Nothing contained in this Section will be construed to limit the authority or operation of the Bolivar Emergency Management Organization to take any actions within the scope of the Organization's authority under this Chapter 210 to respond to a disaster or emergency.
D.
Any
declaration of emergency and subsequent order or imposition issued
under this Chapter will be effective upon its execution and issuance
by the Mayor, and the original thereof will be filed and will remain
in the office of the City Clerk.
E.
A declaration
of emergency issued under this Chapter will remain in effect for a
period of thirty (30) days, or until the issuance of a declaration
by the Mayor to the effect that the emergency event no longer exists,
whichever occurs first. A declaration of emergency may be renewed
prior to the expiration of the thirty-day time period for successive
periods of up to thirty (30) days until such time as the emergency
event has been resolved such that the declaration is no longer necessary
by the Mayor, or by the Board of Aldermen.
F.
It will be unlawful for any person to fail, neglect or refuse to comply with the orders, impositions, or prohibitions issued under this Chapter during the time that a declaration of emergency is in effect, or to otherwise violate or in any manner aid, assist, encourage or countenance the commission or perpetration of a violation of the orders, impositions or prohibitions issued under this Chapter during the effective time thereof. Any person found guilty of a violation proscribed in this Section will, upon conviction thereof, be punished as provided in Section 100.220 of this Municipal Code, and each and every instance of violation will be a separate offense.
