[Ord. No. 83-62 §1, 9-7-1983]
There is created a Civil Defense Organization in accordance
with The Missouri Civil Defense Act, Chapter 44, RSMo. 1967, to consist
of the Department of Civil Defense.
[Ord. No. 83-62 §1, 9-7-1983]
There is created a Department of Civil Defense. The Department
of Civil Defense shall consist of a Director of Civil Defense and
an Assistant Director of Civil Defense and such other personnel as
the City Council may from time to time authorize.
[Ord. No. 83-62 §1, 9-7-1983]
The Department of Civil Defense shall be responsible for the
preparation and implementation of plans for emergency functions and
activities required to prevent, minimize and repair injury and 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, excluding functions for which the military
forces are primarily responsible.
[Ord. No. 83-62 §1, 9-7-1983]
The Director of Civil Defense shall be appointed by the Mayor
with the approval of the Council. He may be removed by the Mayor at
any time with the consent of the Council.
[Ord. No. 83-62 §1, 9-7-1983]
The Director of Civil Defense shall have direct responsibility
for the organization, administration and operations of local disaster
planning for Civil Defense, subject to the direction and control of
the Mayor as provided by Statute and ordinance.
[Ord. No. 83-62 §1, 9-7-1983]
The Director of Civil Defense with the approval of the City
Administrator is authorized to select and obtain Federal Government
surplus property through the State Disaster Planning and Operations
Office, Civil Defense, and State Department of Education. The Director
shall obtain the necessary approval to obligate the City for the handling
charge imposed by the Department of Education — State Agency
for surplus property. The Director may delegate authority to obtain
surplus property at the State Agency for surplus property warehouse
with the approval of the Mayor.
[Ord. No. 83-62 §1, 9-7-1983]
The Director shall be responsible for maintaining records on
use and disposal of all items of equipment placed under the jurisdiction
of the Department of Civil Defense.
[Ord. No. 83-62 §1, 9-7-1983]
The Director with approval of the City Administrator is authorized
to submit all materials and sign all documents requested by the State
Disaster Planning and Operations Office, Civil Defense, to qualify
the City for participation in Federal contributions for Civil Defense
Personnel and Administrative Expense Program under any law or regulation
now or hereafter in force.
[Ord. No. 83-62 §1, 9-7-1983]
The Director and Assistant Director of Civil Defense, effective
July 1, 1983, shall serve without compensation but shall be reimbursed
for all reasonable expenses actually incurred in the performance of
their official duties.
[Ord. No. 83-62 §1, 9-7-1983]
A.
No person
shall be employed or associated in any capacity in any organization
established under this Chapter who advocates or has advocated 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.
B.
Each
person who is appointed to serve in an organization for Civil Defense
shall, before entering upon his 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 by this State by force or violence; and that during
such a time as I am a member of the (name 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."
[Ord. No. 83-62 §1, 9-7-1983]
The Mayor shall have the power to declare and proclaim the existence
of a state of emergency within the City in the event a major natural
disaster has occurred within the City or in the event an enemy attack
has occurred affecting the City. Any emergency proclaimed by the Mayor
shall terminate upon proclamation of the Mayor or upon resolution
of the City Council terminating such emergency.
[Ord. No. 83-62 §1, 9-7-1983]
A.
The Mayor
shall have the following emergency powers to protect life and property
in the City:
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.
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.
[Ord. No. 83-62 §1, 9-7-1983]
This Chapter is an exercise by the City of its Police power
for the protection of public peace, health, safety and welfare, and
neither the City, the agents and representatives of the City, nor
any other person in good faith carrying out, complying or attempting
to comply with this Chapter or any proclamation, order, rule or regulation
promulgated pursuant hereto shall be liable for any damages sustained
by any person or property as the result of such activity.
[Ord. No. 83-62 §1, 9-7-1983]
All proclamations authorized by this Chapter for the conduct
of the general public shall be in writing and shall be available for
public inspection at all reasonable hours. All proclamations, orders,
rules and regulations promulgated pursuant to the authority conferred
by this Chapter shall be in force and effect from the time of the
promulgation thereof until amended or revoked by the Mayor or by the
City Council.
[Ord. No. 83-62 §1, 9-7-1983]
At all times when the proclamations, orders, rules and regulations
made and promulgated pursuant to this Chapter are in effect, they
shall supersede all existing ordinances, orders, rules and regulations
insofar as the latter may be inconsistent therewith. This Chapter
shall not be construed so as to conflict with any State or Federal
Statute or with any order, rule or regulation of any of the Armed
Forces of the United States or the State.
[Ord. No. 83-62 §1, 9-7-1983]
A.
It shall
be unlawful for any person willfully to obstruct, hinder or delay
any member of the Civil Defense Organization in the enforcement of
this Chapter or any proclamation, order, rule or regulation issued
pursuant to this Chapter, or to do any act forbidden by this Chapter
or by any proclamation, order, rule or regulation issued pursuant
to the authority contained in this Chapter.
B.
It shall
be unlawful for any person to wear, carry or display any emblem, insignia,
or any other means of identification as a member of the Civil Defense
Organization of the City unless authority to do so has been granted
to such person by the proper officials.
