[Ord. No. 3362, 2-21-2023]
This Chapter may be referred to as the "City of Pacific Emergency Management Code."
Editor's Note: Ord. No. 3362, adopted 2-21-2023, repealed former Ch. 245, Civil Defense. Prior history includes Ord. No. 816 and CC 1976, § 9-1 through § 9-14.
[Ord. No. 3362, 2-21-2023]
As used in this Chapter, the following terms shall have the meanings indicated:
The preparation for and the carrying out of all emergency functions other than functions for which military forces are primarily responsible or those carried out by the American Red Cross and the Salvation Army and other organizations dealing with natural disasters, to minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from fire, flood, earthquake or other natural causes. These functions include, without limitation, fire-fighting services, police services, medical, hospital and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency transportation, temporary restoration of public utility services and other functions relating to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
[Ord. No. 3362, 2-21-2023]
Pursuant to Chapter 44, RSMo., there is hereby established, under the authority of the Mayor, the Emergency Management Agency for the City of Pacific, to carry out the functions of emergency management, as defined in this Chapter. This organization may also be known as "Pacific EMA."
[Ord. No. 3362, 2-21-2023]
The position of Emergency Management Director shall be established by ordinance and shall be referenced and incorporated herein.
[Ord. No. 3362, 2-21-2023]
The Chief of Police may appoint one (1) or more Deputy Directors of Emergency Management as may be authorized by ordinance.
[Ord. No. 3362, 2-21-2023]
The City of Pacific recognizes and accepts Section 44.090, RSMo., Mutual-aid agreements — participation in statewide mutual aid system — Reimbursement for services provided. As deemed appropriate in the planning and implementation of emergency management duties, the Emergency Management Director is authorized to sponsor and develop to the fullest extent possible mutual aid plans for disasters and agreements between the City of Pacific and municipalities and political subdivisions, and shall at all times and to the fullest extent, coordinate the emergency management plans of the City of Pacific with the other municipalities and political subdivisions in the St. Louis Metropolitan Statistical Area (STL MSA). The mutual aid arrangement may include the furnishing or exchange of food, clothing, medical and other supplies; emergency housing; police services; health, medical and related services; fire-fighting, rescue, transportation and construction services; and such other services and arrangements as are necessary or advisable, in order to coordinate the various plans of emergency management between various municipalities and political subdivisions and to fully provide for mutual aid and assistance in the event of disaster.
[Ord. No. 3362, 2-21-2023]
A.
Section 44.100, RSMo., authorizes the Governor, or the Legislature by resolution to declare a state of emergency as further provided therein. In the event of such emergencies, the Mayor, City Administrator, Chief or Police or Emergency Management Director, in alignment with Chapter 44.080, RSMo., may:
1.
Waive any requirements of statute or ordinance pertaining to the advertisement for bids for the performance of public work or entering into contracts. In exercising his powers, he/she shall be guided by regulations and orders issued by the Federal Government and the Governor of Missouri relating to civil defense and shall take no action contrary to orders issued by the Governor under similar emergency powers;
2.
Expend funds, make contracts, obtain and distribute equipment, materials and supplies for emergency management purposes, provide for the health and safety of persons, including emergency evacuation and assistance to victims of an emergency, disaster or enemy attack, 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;
3.
Appoint, provide or remove rescue teams, auxiliary fire and police, public works and other emergency operations teams, units or personnel who may serve without compensation;
4.
With the approval of the Governor, enter into mutual aid agreements with other public or private agencies or organizations within and without the State for reciprocal emergency aid.
[Ord. No. 3362, 2-21-2023]
Neither City of Pacific, the Mayor, the City Administrator, the Chief of Police, nor any officer or member of the Emergency Management Agency shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer worker or member of any agency engaged in emergency management security. Neither shall the City or any such officer or member be liable for the death or injury of any persons, or damage to property resulting from such emergency management activities.
[Ord. No. 3362, 2-21-2023]
Whenever the Federal Government or the State of Missouri, or any person, firm or corporation offers to the City of Pacific any services equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of emergency management, the Mayor may accept such offer and may authorize the Pacific Police Department to receive same, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
[Ord. No. 3362, 2-21-2023]
The law enforcement authorities of the City of Pacific shall enforce all orders, rules and regulations issued by the Mayor or in his/her absence by the Chief of Police or, in his/her absence, the Assistant Chief of Police during a declared state of emergency in the City of Pacific and in addition enforce the rules and regulations issued pursuant to this Chapter.
[Ord. No. 3362, 2-21-2023]
No person shall be employed or associated in any capacity with the Pacific Emergency Management Agency 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 Pacific EMA shall, before entering upon his/her duties, take an oath, in writing, before a person authorized to administer oaths in this State.
[Ord. No. 3362, 2-21-2023]
The Mayor, or the Board of Aldermen, is authorized to designate space in any municipality owned or leased space and facilities for the Pacific Emergency Management Agency as its office.
[Ord. No. 3362, 2-21-2023]
There is hereby established the City of Pacific Local Emergency Planning Committee, which shall be composed of the Pacific EMD ex officio and additional members appointed by the Mayor and approved by the Board of Aldermen. Recommendations for membership may be submitted by the EMD, the heads of emergency agencies serving the City of Pacific, e.g., police, fire, EMS, and the City Administrator. Membership may include representatives from elected State, County and local officials; law enforcement, emergency management, fire-fighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities subject to the requirement of the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. § 11001 et seq. The Pacific EMD shall serve as Chairman of the Committee. A member's term is four (4) years, but may be reappointed for one (1) additional four (4) year term. If a member is no longer able to complete his/her term, the Chief of Police shall select a replacement to complete the remaining portion of the departing member's term. Members shall serve without compensation but shall be reimbursed for necessary, authorized travel and other expenses incurred in the performance of their duties.