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]
A.
The
director shall be appointed by the City Manager and shall serve at
the pleasure of the City Manager.
B.
The
City Manager may appoint, provide or remove rescue teams, communications
and other emergency operations teams, units or personnel who may serve
without compensation.
C.
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.
D.
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.
E.
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]
A.
The
City Manager of Poplar Bluff and the director in accordance with this
Chapter and Chapter 44, RSMo., as amended, may:
1.
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.
2.
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.
3.
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]
A.
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:
1.
To temporarily terminate non-essential City Government operations
and identify the services that must continue without interruption;
2.
To permit local government personnel and property to be used outside
the jurisdiction of the City;
3.
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;
4.
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.
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Any emergency proclaimed by the City Manager shall terminate
upon the proclamation thereof by the City Manager or the passage by
the City Council of a resolution terminating such emergency.
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[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.
