There is hereby created within and for the City of Ironton an
emergency management organization to be known as the Ironton Emergency
Management Organization, which is responsible for the preparation
and implementation of emergency functions required to prevent injury
and minimize and repair 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., and supplements
thereto, and the Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director and other members appointed
to the Ironton Emergency Management Organization to conform to the
State organization and procedures for the conduct of emergency operations
as outlined in the Missouri Emergency Operations Plan.
The Organization shall perform emergency management functions
within the City of Ironton and may conduct these functions outside
the territorial limits as directed by the Governor during the time
of emergency pursuant to the provisions of Chapter 44, RSMo., and
supplements thereto.
A.
The Director will be appointed by the Mayor and shall serve at the
pleasure of the Board of Aldermen.
B.
The Director shall have direct responsibility for the organization,
administration and operations of local emergency management operations,
subject to the direction and control of the Mayor or Board of Aldermen.
C.
The Director shall be responsible for maintaining records and accounting
for the use and disposal of all items of equipment placed under the
jurisdiction of the Ironton Emergency Management Organization.
A.
The City of Ironton in accordance with Chapter 44, RSMo., 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, 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
Governments; and
2.
Appoint, provide or remove rescue teams, auxiliary fire and
police personnel and other emergency operation teams, units or personnel
who may serve without compensation.
A.
The
Mayor or Public Safety Agency may enter into mutual aid arrangements
or agreements with other public and private agencies within and without
the State for reciprocal emergency aid as authorized in Section 44.090,
RSMo.
B.
Mutual Aid And Emergency Assistance. Under the authority
set forth in Section 70.837, RSMo., Ironton's Public Safety Departments,
including the Fire and Police Departments and Emergency Management
Agency, and the Public Works Departments, including the water, sewer,
and street departments, and other City officials and employees, are
hereby authorized to respond and provide assistance as requested in
any mutual aid or emergency request.
[R.O. 2008 §200.110(A); Ord. No. 448 §1, 9-11-1995]
C.
Authorization For Mayor To Sign Agreement. The Mayor
for the City of Ironton is hereby authorized to enter into a Mutual
Aid and Emergency Assistance Agreement with the public safety agencies
of Iron County, Missouri, which include, but are not limited to, the
Iron County Sheriff's Department, ambulance services, districts,
Fire Departments, Police Departments, and civil defense organizations
throughout Iron County, Missouri. A copy of said Mutual Aid and Emergency
Assistance Agreement is on file in the City offices.
[R.O. 2008 §200.110(B); Ord. No. 448 §2, 9-11-1995]
The Mayor of the City may, with the consent of the Governor,
accept services, materials, equipment, supplies or funds gifted, granted
or loaned by the Federal Government or an officer or agency thereof
for emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in
the Ironton Emergency Management Organization 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 Ironton Emergency Management Organization 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 a time as I am a member of the Ironton Emergency Management
Organization, 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."
The Mayor is authorized to designate space in any City-owned
or leased building for the Ironton Emergency Management Organization.
[Ord. No. 660, 3-23-2020[1]]
Whenever in the judgement of the Board of Aldermen, a state
of civil emergency exists as a result of mob action, riots, general
civil disobedience or disorder, the widespread human infection of
contagious disease, natural disaster, or the threat of any of the
same shall exist, the Board of Aldermen may issue a proclamation declaring
a state of civil emergency to exist.
[Ord. No. 660, 3-23-2020]
A.
Upon
declaration of a state of civil emergency by the Board of Aldermen,
the Mayor shall, in addition to all other powers granted him/her by
the laws of this State and the ordinances of the City, be empowered
in order to suppress such actions and preserve the peace and order
of the City and to protect its citizens and their property, and may
thereby exercise the powers granted in the following Subsections:
1.
To impose a curfew upon all or any portion of the City as designated
therein as he/she may deem advisable during such hours of the day
or night as he/she determines necessary in the interest of the public
safety and welfare, and during which all persons shall remove themselves
to their place of residence and remain off and away from the public
streets, sidewalks, parkways, parks, and all other public or open
places, and no persons shall assemble, gather, loiter or otherwise
congregate in any manner in groups, assemblies or meetings in any
place for any purpose whatsoever; provided, however, that persons
performing medical services, essential public utility services, public
officials, Public Safety Officers and all other persons exclusively
enumerated in such proclamation may be exempted from curfew;
2.
To enforce quarantine of individuals or groups so ordered to be quarantined
by the Health Officer having jurisdiction, enforce ordinances for
the prevention of the introduction of contagious diseases in the City,
and for the abatement of the same, and enforce regulations to secure
the general health of the City, and to prevent and remove nuisances;
3.
To order the closing of any and all business establishments throughout
the City or any portion thereof for which the state of emergency exists
or during the curfew hours;
4.
To order discontinuance of selling, distributing, dispensing, or
giving away of any firearms or other weapons of any character, whatsoever;
5.
To order the closing of any or all establishments or portions thereof,
the chief activity of which is the sale, distribution, dispensing
or giving away of firearms or ammunition or other weapons of any character
whatsoever;
6.
To order the closing of all retail and wholesale liquor stores, taverns
and other places dispensing, serving or permitting the consumption
of intoxicating or non-intoxicating liquor, wine, or beer;
7.
To order the discontinuance of the sale, distribution or giving away
of intoxicating or non-intoxicating liquor, wine, or beer;
8.
To order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating or non-intoxicating liquor, wine,
or beer is permitted;
9.
To order the discontinuance of selling, distributing or giving away
gasoline or other flammable liquid or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle;
10.
To order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution or dispensing
of gasoline or other flammable liquid or combustible products;
11.
To designate any public place, public street, thoroughfare, boulevard,
parking area and any other place closed to motor vehicles, persons
and pedestrian traffic;
12.
To order all regular, special and auxiliary Public Safety Officers
and other designated conservators of the peace to report for duty
assignment, such reporting to be in accordance with a prearranged
plan or under the direction of lawful authority.
[Ord. No. 660, 3-23-2020]
Any such proclamation of a state of emergency shall become immediately
effective upon its execution and the issuance by the Board of Aldermen,
and the original thereof shall be filed and remain in the office of
the City Clerk.
[Ord. No. 660, 3-23-2020]
The proclamation issued in accordance with the provisions of
this Article shall remain in effect continuously from the date and
time of the issuance thereof, for such a period of time as specifically
prescribed therein or upon the issuance of a proclamation determining
a civil emergency no longer exists, whichever occurs first.
[Ord. No. 660, 3-23-2020]
It shall be an ordinance violation for any person to fail, neglect
or refuse to comply with the orders made or prohibitions instituted
by a proclamation issued under the provisions of this Article, or
for any person who otherwise violates any manner aids, assists, or
encourages the commission or perpetration of a violation of said proclamation.
For the purpose of the prosecution of any person for the violation
of this Article, a copy of the proclamation of the Board of Aldermen
certified by the City Clerk to be a true and correct copy thereof
shall be deemed to constitute a prima facie evidence that such proclamation
was duly issued by the Board of Aldermen on the date and time set
forth therein pursuant to the authority contained in this Article.
