[Ord. No. 02-2020, 3-19-2020[1]]
In this Chapter "disaster" means an occurrence such as a tornado,
storm, flood, high water, wind-driven water, earthquake, drought,
blizzard, pestilence, famine, fire, explosion, building collapse,
commercial transportation wreck, or any other situation that causes
human suffering or creates human needs that the victims cannot alleviate
without assistance, and that requires an extraordinary commitment
of governmental resources. This definition is to be viewed advisedly
and should not be applied rigidly so as to exclude situations not
enumerated.
[Ord. No. 02-2020, 3-19-2020]
Upon the actual occurrence of a disaster within the City when
the safety and welfare of the inhabitants of the City are jeopardized
or in the event of enemy attack, sabotage or other hostile action,
the Mayor is hereby empowered to declare an emergency or that a disaster
has or is occurring, and in accordance with the Missouri Disaster
Operations Plan, and during such emergency, to activate all of the
rights, duties and responsibilities granted under the Missouri Civil
Defense Act and by the rules and regulations promulgated thereto.
Upon declaration of an emergency or a disaster, the Mayor shall exercise
all powers granted by City ordinance and State Statute and shall additionally
take all steps necessary to assure the health, safety and welfare
of all those within the City limits.
[Ord. No. 02-2020, 3-19-2020]
A.
Whenever
the Mayor is absent from the City or disabled or missing or presumed
disabled, the Mayor Pro Tem shall assume the duties of the Mayor.
B.
If
the Mayor Pro Tem is absent from the City or disabled or missing and
presumed disabled, the duties of the Mayor shall be assumed by that
Councilman with the most cumulative seniority on the City Council
who is present and able to function in the capacity of Mayor.
C.
If
neither the Mayor, Mayor Pro Tem, nor any members of the City Council
can be found within the City who are fit to assume the duties of the
Mayor, the City Administrator shall assume the duties of the Mayor.
If neither the Mayor, Mayor Pro Tem, any members of the City Council,
nor the City Administrator can be found within the City who are fit
to assume the duties of the Mayor or surviving senior department head.
D.
The
fitness of any individual to assume the duties of Mayor shall be determined
by a consensus of those Councilmembers present or, in their absence,
by a consensus of those City department heads present.
[Ord. No. 02-2020, 3-19-2020]
A.
Under
the provisions of Section 44.080, RSMo., there is hereby created the
City of Louisiana Emergency Management Agency, the head of which shall
be the coordinator. This agency shall be 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
functions excluding functions for which the military forces are primarily
responsible) in accordance with the Missouri Civil Defense Act [Ch.
44, RSMo.].
B.
The
Emergency Management Agency shall perform emergency functions in cooperation
with the County and the State in accordance with the provisions of
the Missouri Civil Defense Act, the City-County mutual aid agreement,
dated September, 1985, and any cooperative agreement hereinafter adopted.
C.
The
basic operational structure of this agency shall consist of existing
departments of the City Government who will perform emergency activities
related to those performed normally. Auxiliary groups may be formed
and trained under the direction and control of the operating department
they are to support.
[Ord. No. 02-2020, 3-19-2020]
A.
The
administrative staff of the Emergency Management Agency shall consist
of a coordinator and such additional staff members as the City Council
may authorize. Members will 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 Missouri Disaster Operations
Plan.
B.
The
coordinator shall be appointed and/or be subject to removal by the
Mayor with the approval of the City Council.
C.
The
coordinator shall have direct responsibility for the organization,
administration and operation of local disaster planning subject to
the direction and control of the City Administrator.
D.
The
coordinator is authorized to select and obtain Federal government
surplus property through the State Disaster Planning and Operations
office, and the 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 and the 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 City Administrator.
E.
The
coordinator shall be responsible for maintaining records on use and
disposal of all items of equipment placed under the jurisdiction of
the agency.
F.
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.
G.
The
coordinator shall, with the consent of the City Administrator, appoint
various public shelter managers, who, in the case of national or civil
emergency, shall open public shelters, take charge of all stocks of
food, water and other supplies stored in the shelter, admit the public
in accordance with the City shelter use plan, and take whatever control
measures necessary for the protection and safety of the occupants.
Such public shelter managers are authorized to use reasonable restraint
against those who refuse to cooperate with the routine of shelter
living under emergency conditions. Refusal of a person to carry out
the reasonable orders of the shelter manager and his/her appointed
staff shall be deemed a misdemeanor.
[Ord. No. 02-2020, 3-19-2020]
All full-time employees of the City are hereby declared to be
members of the Emergency Management Agency and shall perform such
duties as the coordinator may deem necessary to prepare for or respond
to a disaster. Employees shall receive no additional compensation
for serving as members of this agency.
[Ord. No. 02-2020, 3-19-2020]
A.
the
City Administrator and the coordinator, in accordance with the Missouri
Civil Defense Act [Ch. 44, RSMo.], may:
1.
Expend funds, enter into contracts, obtain and distribute equipment,
materials and supplies for civil defense purposes, provide for the
health and safety of persons, including emergency assistance to victims
of an enemy attack; provide for 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 Disaster and
Emergency Planning.
2.
Appoint and remove rescue teams and other emergency operations teams,
units or personnel who shall serve without compensation; assign emergency
missions to non-governmental groups such as physicians, heavy equipment
operators, and owners of local businesses as necessary to develop
a capability to augment the Emergency Management Agency's response
to disaster.
3.
In the event of declared national emergency or declared local disaster
situation, waive the provisions of statutes requiring advertisements
for bids for the performance of public work or entering into of contracts.
4.
With the approval of the City Council and consistent with the Missouri
Disaster Operations Plan, enter into mutual aid agreements with other
public and private agencies within and without the State for reciprocal
emergency aid.
5.
Accept services, materials, equipment, supplies or funds granted
or loaned by the Federal government for disaster planning and operations
purposes.
[Ord. No. 02-2020, 3-19-2020]
No person shall be employed or associated in any capacity in
any organization established under this Chapter who advocates or has
advocated a change by force or violence in the constitutional form
of the government of the United States, or has been convicted of or
is under indictment or information charging any subversive act against
the United States. Each member 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 time as I am a member of the City of Louisiana Emergency Management,
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."
[1]
State Law Reference: Similar provisions, Section 44.115, RSMo.
[Ord. No. 02-2020, 3-19-2020]
The coordinator shall prepare a comprehensive disaster response
plan and develop a procedure to implement it quickly and with the
least amount of inconvenience to the public. The disaster preparedness
plan shall be submitted to the City Council for approval and shall
be reviewed annually by the coordinator and submitted for amendment
to the council when necessary. In lieu of developing a plan, it shall
be acceptable to adopt a County-wide or regional plan, which includes
specific details about the City of Louisiana.
[Ord. No. 02-2020, 3-19-2020]
The National Incident Management System (NIMS) is hereby adopted
as the City's system of preparing for and responding to disaster incidents.
