State Law Reference — Civil defense, ch. 44, RSMo.
[R.O. 2007 §10-13; Ord. No. 5613 §1, 3-15-1993]
There is hereby created within and for the territory of Poplar Bluff, Missouri, a disaster planning and operations organization be known as the Poplar Bluff Emergency Management Agency which is responsible for the preparation and implementation of emergency functions 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 and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., as amended, and the Missouri Emergency Operations Plan adopted thereunder.
[R.O. 2007 §10-14; Ord. No. 5613 §1, 3-15-1993]
The agency shall consist of a director and other members as determined necessary by the City Manager to perform the emergency management functions as outlined in the Butler County, Poplar Bluff Emergency Operations Plan. Appointments to all positions shall be the responsibility of the City Manager.
[R.O. 2007 §10-15; Ord. No. 5613 §1, 3-15-1993]
The agency shall perform emergency management functions within the territorial limits of Poplar Bluff and Butler County and may conduct these functions outside the territorial limits as requested by other officials of political subdivisions or as directed by the Governor during a time of emergency pursuant to the provisions of Chapter 44, RSMo., as amended.
[R.O. 2007 §10-16; Ord. No. 5613 §1, 3-15-1993]
The director shall be appointed by the City Manager and shall serve at the pleasure of the City Manager.
The City Manager may appoint, provide or remove rescue teams, communications and other emergency operations teams, units or personnel who may serve without compensation.
In the event of enemy attack, the City Manager may waive the provisions of Statutes requiring advertisements for bids for performance of public work or entering into contracts.
With the approval of the Governor and consistent with the Missouri Emergency Operations Plan, the City Manager may enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid.
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for disaster planning and operations purposes.
[R.O. 2007 §10-17; Ord. No. 5613 §1, 3-15-1993]
The City Manager of Poplar Bluff and the director in accordance with this Chapter and Chapter 44, RSMo., as amended, may:
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, 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 Federal and State Government.
The director shall have direct responsibility for the organization, administration and operations of local disaster planning and operations, subject to the direction and control of the City Manager.
The director shall be responsible for maintaining records and accounting for the use and disposal of all types of equipment placed under the jurisdiction of the emergency management agency.
[R.O. 2007 §10-18; Ord. No. 5613 §1, 3-15-1993]
In the event of a major emergency that affects the local population, the City Manager shall have the authority to declare that a state of emergency exists. The existence of an emergency may be declared if the City Manager finds that an attack upon the City has occurred within the City and that the safety and welfare of the inhabitants of the City require an invocation of the provisions of this Section. Under emergency conditions, the City Manager shall have the following authority:
To temporarily terminate non-essential City Government operations and identify the services that must continue without interruption;
To permit local government personnel and property to be used outside the jurisdiction of the City;
To enforce and put into operation all plans, rules and regulations relating to disasters and emergency management of resources adopted under this Chapter and the Butler County, Poplar Bluff Emergency Operations Plan;
To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the local population.
[R.O. 2007 §10-19; Ord. No. 5613 §1, 3-15-1993]
No person shall be employed or associated in any organization established under this Article who advocated 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 who 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 an organization for emergency management 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 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 Poplar Bluff Emergency Management Agency, 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. 2007 §10-20; Ord. No. 5613 §1, 3-15-1993]
The City Manager is hereby authorized to designate space in any City-owned or leased building for Poplar Bluff Emergency Management Office. The emergency operations center and alternate will be identified in the Butler County, Poplar Bluff Emergency Operations Plan.