[Ord. No. 09-01-2020, 9-28-2020[1]]
This Chapter is enacted to set out and clarify the authority of the City and its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad of powers as permitted by statutory and constitutional authority.
[1]
Editor's Note: Former Chapter 225, Emergency Management, containing Sections 225.010 through 225.110, was repealed 9-28-2020 by Ord. No. 09-01-2020.
[Ord. No. 09-01-2020, 9-28-2020]
When used in this Chapter, the following words shall have the definitions set forth below:
CIVIL EMERGENCY
Shall include, but not be limited to, any condition of unrest, riot, civil disobedience, affray, unlawful assembly, hostile or military or paramilitary action, war, terrorism, or sabotage, epidemic or any event which results in mass casualties which may be beyond normal capacity.
DISASTER
A disaster, whether natural or manmade, shall include, but not be limited to, flood, fire, cyclone, tornado, earthquake, severe high or low temperatures, water contamination or pollution, land contamination or pollution, air pollution, blizzard, landslide, mudslide, hurricane, building or structural collapse, high water table, pandemic disease, epidemic, riot, blight, drought, civil emergency, utility emergency, severe energy shortages, snow, ice, windstorm, hazardous substance spills or releases, chemical spills or releases, petroleum spills or releases, biological matter spills or releases, radiation releases or exposures, infestation, explosions, sabotage, mass transportation accidents or public health emergencies. This definition should not be applied rigidly to exclude situations not enumerated.
ISOLATION
The separation of people known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease from those who are not sick to prevent them from transmitting the disease to others.
PUBLIC EMERGENCY
The imminent threat or occurrence of a disaster, civil emergency or utility emergency affecting the City and its residents and inhabitants where the Mayor determines that the exercise or discharge of emergency or disaster powers is necessary to save lives, protect property, protect the public health and safety, or to lessen or to avert the threat of a catastrophe or calamity within the City.
QUARANTINE
The compulsory separation, including restriction of movement, of people who potentially have been exposed to a contagious disease, until it can be determined whether they have become sick or no longer pose a risk to others.
UTILITY EMERGENCY
Shall include, but not be limited to, conditions which endanger or threaten to endanger the safety, potability, availability, transmission, distribution, treatment, or storage of water, natural gas, gas, fuel, electricity, communication, garbage, or sewage.
[Ord. No. 09-01-2020, 9-28-2020]
There is hereby created the City of Lawson, Missouri, Emergency Management Organization, which is responsible for the preparation and implementation of emergency functions required to prevent and minimize 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, and emergency activities (excluding functions for which the military forces are primarily responsible) in accordance with the State Emergency Operations Plan and Program. The Mayor shall appoint a coordinator who shall have direct responsibility for the organization, administration, and operation of the local emergency management operations, subject to the direction and control of the Mayor or Board of Aldermen. The organization for emergency management shall be responsible for the performance of emergency management functions within the territorial limits of the City and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of State law.
[Ord. No. 09-01-2020, 9-28-2020]
This organization shall consist of a Coordinator and other additional members to be selected by the Coordinator in order to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Emergency Operations Plan.
[Ord. No. 09-01-2020, 9-28-2020]
The City Organization shall perform emergency preparedness functions in cooperation with the County of Ray and Clay and shall conduct these functions in accordance with the provisions of the City. Financial assistance for the City/County organization will be agreed to by the Board and County Court.
[Ord. No. 09-01-2020, 9-28-2020]
A. 
The Coordinator of the City Organization will be appointed by the Mayor and shall serve at the pleasure of the Mayor.
B. 
The Coordinator shall have direct responsibility for the organization, administration, and operations of local emergency planning, subject to the direction and control of the Mayor and Board of Aldermen, as provided by Statute.
C. 
The Coordinator is authorized to select and obtain Federal Government Surplus Property through the State Disaster Planning and Operations Office, and State Department of Education. The Coordinator 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 Coordinator may delegate authority to obtain Surplus Property at the State Agency for Surplus Property Warehouse with the approval of the Mayor and Board of Aldermen.
D. 
The Coordinator shall be responsible for maintaining records on use and disposal of all items of equipment placed under the jurisdiction of the Emergency Preparedness Office.
E. 
The Coordinator is authorized to submit all materials and sign all documents requested by the State Disaster Planning and Operations Office, to qualify the City for participation in Federal contributions for Personnel and Administrative Expense Program under P.L. 85-606.
[Ord. No. 09-01-2020, 9-28-2020]
Only in the event of an emergency as defined herein and during such emergency, is the Coordinator of Emergency Preparedness authorized on behalf of the City, to procure such services, supplies, equipment, or material without regard to the statutory procedures or formalities normally prescribed by law; provided that, if the Board of Aldermen meets at such time, the Coordinator shall act subject to the directions and restrictions imposed by that body.
[Ord. No. 09-01-2020, 9-28-2020]
The organization for emergency management shall not participate in any form of political activity, nor shall it be used directly or indirectly for political purposes.
[Ord. No. 09-01-2020, 9-28-2020]
The Board of Aldermen is authorized to designate space in any City-owned or leased building for the Emergency Preparedness Organization as its office.
[Ord. No. 09-01-2020, 9-28-2020]
The Emergency Operations Plan is kept on file in the office of City Clerk.
[Ord. No. 09-01-2020, 9-28-2020]
A. 
All other City ordinances to the contrary notwithstanding, when the Mayor determines in the Mayor's sole discretion that a state of public emergency exists within the City, the Mayor may by proclamation declare a state of emergency and exercise emergency powers, including but not limited to all of the following:
1. 
The power to direct emergency response activities by City personnel including but not limited to the Police and Fire Departments, and by such emergency services personnel as the Mayor may designate or appoint.
2. 
The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the City or its residents.
3. 
The power to purchase or lease goods and services that the Mayor deems necessary to the City's emergency response or for the repair of City facilities, or both, and to acquire and distribute, with or without compensation, supplies, materials, and facilities.
4. 
The power to lease or lend real property, equipment, or structures, that the Mayor deems necessary for the continued operation of City government.
5. 
The power to promulgate rules and orders to implement and clarify the Mayoral proclamation exercising emergency power.
6. 
The power to delegate any or all of these duties and to provide for sub-delegation.
7. 
The power to temporarily reassign or change the job duties of any employee of the City during the period of the emergency or during the recovery period.
8. 
The Mayor shall be authorized to appoint any commissioned Law Enforcement Officer in this State as a temporarily commissioned officer of this City.
9. 
The power to transfer, appropriate, or lend between funds as may be necessary in the circumstances.
10. 
The power to suspend the issuance or revocation of business licenses, to suspend the disconnection of utilities, to order the reconnection of utilities, or to suspend any ordinance that the Mayor deems necessary for the protection of the public or property.
11. 
The power to restrict travel into or out of the City or a part of the City, and to close or restrict any road controlled by the City.
12. 
The power to convene meetings of the Board of Aldermen and to convene such meetings electronically when done in compliance with Chapter 610, RSMo.
B. 
The Mayor is authorized to issue a "hazardous travel advisory" which shall prohibit all travel on streets within the City limits of the City except in accordance with the exceptions provided herein. Such prohibition may be limited to a defined geographical area if the affected area is less than the entire City.
1. 
Such prohibition shall be issued only after consultation with the City Administrator, Police Chief and Director of Public Works and upon the following findings:
a. 
Severe weather events (other natural or manmade disasters) are occurring or has occurred inside the City limits; and
b. 
Such events have caused the streets to be in a condition where ordinary care while driving is not enough to prevent the occurrence of an accident; and
c. 
Vehicles on the road will interfere with the emergency operations of the City.
2. 
No person in the City shall drive on any public street or road within the area defined by the Mayor as subject to the advisory after issuance of the "hazardous travel advisory" until the same has been lifted.
3. 
The Mayor shall inform the public of the issuance, or retraction, of the order by submitting the order to the media for publication or broadcast.
4. 
This prohibition shall not apply to:
a. 
Law enforcement agencies;
b. 
Fire suppression agencies;
c. 
Employees of the City, County or MoDOT, or other public utility providers involved in repair or cleanup of the emergency, or any subcontractors involved in the cleanup of the emergency;
d. 
Health care professionals; and
e. 
Any person who is facing exigent circumstances in which a reasonable person would infer that driving is an absolute necessity.
C. 
In the event the Mayor is unavailable, the President of the Board of Aldermen shall have the authorities listed in this Chapter, followed by the City Administrator, and then followed by the most senior ranked member of the Board of Aldermen.
[Ord. No. 09-01-2020, 9-28-2020]
In the event of an emergency, the Mayor is authorized to procure all services, supplies, equipment or materials necessary to continue the effective operation of the emergency preparedness plan without regard to normal procedures or formalities normally prescribed by ordinance; provided, that if the Board of Aldermen is meeting at the time, the Mayor shall act pursuant to the orders and directions imposed on that body. In the event of an emergency, the Mayor, by proclamation, may waive any time-consuming formalities or procedures required by the provisions of City Ordinances pertaining to the advertisement of bids for the execution of contracts and for the performance of public work contracts.
[Ord. No. 09-01-2020, 9-28-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 205.090(A), may authorize the City Administrator or the City Administrator's designees to procure by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurement made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the City Administrator within thirty (30) days after their procurement and shall be open to public inspection for a period of at least one (1) year subsequent to the date of the emergency purchases. The City Administrator shall, within three (3) months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the Board of Aldermen.
[Ord. No. 09-01-2020, 9-28-2020]
Proclamations, rules, and orders issued pursuant to this Chapter shall be effective upon issuance and shall remain in effect for a period of up to thirty (30) days or until terminated by the Mayor or Board of Aldermen, whichever comes first. This period may be extended by the Mayor only upon approval of the Board of Aldermen. Upon the expiration of the local state of emergency, those persons acting pursuant too such proclamations, rules, and orders shall cease to exercise emergency powers.
[Ord. No. 09-01-2020, 9-28-2020]
The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to Section 205.090(A), or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from shall be an ordinance violation.
[Ord. No. 09-01-2020, 9-28-2020]
A. 
Mayor Authorized To Declare A Water Use Emergency. The Mayor is authorized to declare a water use emergency under any of the following conditions:
1. 
An equipment failure, large fire, or water main break has caused, or unless water conservation measures are taken, will cause, inadequate water pressures and flows for fire protection and public health; or
2. 
Water system pumping compared to demand is inadequate to maintain sufficient water reserves to meet expected demands for fire protection and public health.
B. 
The Mayor's declaration may include all or any portion of the City.
C. 
Persons Affected By The Declaration. When the Mayor has declared a water emergency, the provisions of this Section shall apply to all persons using water, regardless of whether such person shall have a contract for water service with any municipal utility, water company, or a private well.
D. 
Uses And Withdrawal Of Water Prohibited. When the Mayor has declared a water emergency, the use and withdrawal of water by any person for the following purposes is hereby prohibited:
1. 
Watering Yards. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation.
2. 
Washing Mobile Equipment. The washing of automobiles, trucks, trailers, trailer houses, railroad cars, or any other types of mobile equipment.
3. 
Clean Outdoor Surfaces. The washing of sidewalks, driveways, filling station aprons, porches, and other outdoor surfaces.
4. 
Cleaning Buildings. The washing of the outside of dwellings and the washing of the inside and outside of office buildings.
5. 
Cleaning Equipment And Machinery. The washing and cleaning of any business or industrial equipment and machinery.
6. 
Ornamental Fountains. The operation of any ornamental fountain or other structure making similar use of water.
7. 
Swimming Pools. Swimming and wading pools not employing a filter and recirculating system.
8. 
Watering Of Golf Course Greens. Watering of golf course greens except to the extent that non-fresh sources of water (such as greywater) are available for this purpose.
E. 
Exception For Business And Industrial Uses. All businesses and industries utilizing water shall be permitted to utilize the normal amount of water necessary for the maintenance of their business or industry. This exception shall not permit the watering of yards as defined above at any business location except those involved in the raising of vegetation for commercial uses. Should water supplies reach or approach critical levels, the Mayor may, by separate proclamation, suspend this exception for a designated period of time.
F. 
Enforcement.
1. 
Police Officers Enforce. Every Police Officer of the City shall in connection with his/her duties imposed by law diligently enforce the provisions of this Section.
2. 
Discontinuance Of Service. The City or the manager of each water company or district doing business within the City shall have the authority to enforce the provisions of this Chapter by the discontinuance of water service in the event of violation hereof or shall, upon the request of the Mayor, City Administrator, Fire Chief or any Police Officer, discontinue water service to any building whose occupants are violating the provisions of this Chapter.
3. 
Penalties. Any person violating the provisions of this Chapter shall be subject to a fine not to exceed five hundred dollars ($500.00) per occurrence, or imprisonment for not more than ninety (90) days, or any combination thereof.
[Ord. No. 09-01-2020, 9-28-2020]
A. 
If the basis for declaring an emergency is due to a public health crisis, including, but not limited to, a pandemic or epidemic, then the Mayor shall be authorized to exercise the following powers in addition to the general powers granted in this Chapter:
1. 
To declare individuals, but not areas, quarantined as provided in Missouri Statutes.
2. 
To limit the number of people who may be permitted to gather in public places.
3. 
To limit certain public services determined to be non-critical to stop the spread of disease.
4. 
To close or curtail the operations of restaurants, bars, or places of public entertainment or places of business deemed to be non-essential.
5. 
To order all persons to stay at home and to provide exceptions to such a rule.
6. 
To enforce isolation orders issued by the County or State Health Department.
[Ord. No. 09-01-2020, 9-28-2020]
The proclamations and rules issued by the Mayor pursuant to this Chapter shall, while in effect, have the force of law and shall be punishable as an ordinance violation. The expiration or repeal of the rule or proclamation shall not have the effect of making such charge moot during a subsequent prosecution unless such is specifically set out in the notice of repeal.