There is hereby created within and for the City of Hallsville
an emergency management organization to be known as the Hallsville
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 Hallsville 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 Hallsville 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 Hallsville Emergency Management Organization.
A.
The City of Hallsville 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.
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.
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 Hallsville 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 Hallsville 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 Hallsville 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 Hallsville Emergency Management Organization.
A.
LAW ENFORCEMENT OFFICER
REQUESTING ENTITY
SENDING AGENCY
For
purposes of this Section, the following terms mean:
Any public servant having both the power and duty to make
arrests for violations of any ordinance or law of this State, and
any Federal Law Enforcement Officer authorized to carry firearms and
to make arrests for violations of the laws of the United States.
Any Law Enforcement Agency or entity within this State empowered
by law to maintain a Law Enforcement Agency.
A Law Enforcement Agency that has been requested to provide
assistance by a requesting entity.
B.
Whenever
any Law Enforcement Agency enters into a mutual aid arrangement or
agreement with another entity as provided in Section 44.090, RSMo.,
any Law Enforcement Officer assisting the requesting entity shall
have the same powers of arrest as he or she has in his or her own
jurisdiction and the same powers of arrest as officers of the requesting
entity. Such powers shall be limited to the location where such services
are requested to be provided, for the duration of the specific event,
and while acting under the direction of the requesting entity's Chief
Law Enforcement Officer or his or her designee.
C.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall be
deemed an employee of the sending agency and shall be subject to the
workers' compensation, overtime, and expense reimbursement provisions
provided to him or her as an employee of the sending agency.
D.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall enjoy
the same legal immunities as an officer of the requesting entity,
including sovereign immunity, official immunity, and the public duty
doctrine.
E.
Nothing
in this Section shall be construed to limit the powers of arrest provided
to a Law Enforcement Officer by any other law.
[Ord. No. 380, 3-19-2020]
For the purposes of this Article, the following terms shall
have the meanings respectively ascribed to them:
A riot or unlawful assembly characterized by the use of force
or violence, civil commotion or uprising; or any natural or man-made
disaster or calamity; or imminent danger of any of the foregoing;
or pandemic or other spread disease.
The Mayor of the City or, in his/her absence or inability
to act, the Acting President of the Board of Aldermen.
[Ord. No. 380, 3-19-2020]
When in the judgment of the Mayor a civil emergency is deemed
to exist, he/she shall forthwith proclaim, in writing, the existence
thereof.
[Ord. No. 380, 3-19-2020]
Any proclamation of a civil emergency shall be promptly communicated
to all available news media for dissemination to the public and the
original thereof shall be filed in the office of the City Clerk.
[Ord. No. 380, 3-19-2020]
After the proclamation of a civil emergency by the Mayor, he/she
may order a general curfew applicable to such geographical areas of
the City or to the City as a whole as he/she may deem advisable and
the curfew shall be applicable during the hours of the day or night
as he/she may deem necessary in the interest of public safety and
welfare. In the designated areas and during the designated hours of
any such curfew, all persons shall remove themselves to and remain
in their places of residence, remain off and away from the public
streets, sidewalks, parks and all other public or open places; and
no persons shall loiter or gather together in groups at any place
for any purpose whatsoever; provided, however, that persons performing
medical services, essential public utility services, public officials,
Law Enforcement Officers, firemen and other persons officially designated
to perform some duty with reference to the civil emergency are exempt
from the curfew.
[Ord. No. 380, 3-19-2020]
A.
After
the proclamation of a civil emergency, the Mayor shall, in addition
to all other powers granted to him/her by the laws of the State, this
Code and other ordinances of the City, be empowered in the interest
of the public safety and welfare to preserve the peace and order of
the City and to exercise any or all of the powers hereinafter granted,
as follows:
1.
To order all Policemen, Reserve Policemen, and any other City employee
to report for immediate duty as he/she may direct;
2.
To order the closing of any and all business establishments throughout
the City or any portion thereof during the period for which the civil
emergency exists or during the hours of curfew;
3.
To order a reduction in the use of all utilities throughout the City
during the state of civil emergency;
4.
To order the discontinuance of the selling, distribution or giving
away of gasoline or other flammable liquids or combustible products
in any container other than a gasoline tank properly affixed to a
motor vehicle;
5.
To order any public place or building, public street or alley, sidewalk,
parking area and any other place closed to motor vehicles, persons
and pedestrian traffic;
6.
To order the doing of or refraining from all acts necessary and incidental
to the protection of life and property;
7.
To make such other orders and issue directives as may be deemed advisable
to preserve the safety, health and welfare of the community;
8.
Utilize all available resources of the City Government as reasonably
necessary to cope with the disaster emergency, including emergency
expenditures not to exceed fifty thousand dollars ($50,000.00);
9.
Waive the provisions of ordinances requiring advertisement for bids
for the performance of public work or entering into contracts according
to the Missouri Civil Defense Act, Chapter 44.080, RSMo.;
10.
Requisition and confiscate merchandise, equipment, vehicles or property
needed to alleviate the emergency. Reimbursement for such confiscation
shall be within sixty (60) days and at customary value charged for
the items during ninety (90) days previous to the emergency;
11.
Declare that during an emergency it shall be unlawful and an offense
against the City of Hallsville for any person, firm or corporation
operating within the City to charge more than the normal average retail
price for any merchandise, goods or services sold during the emergency.
The "average retail price," as used herein, is defined to be the price
at which similar merchandise, goods or services were being sold during
the ninety (90) days immediately preceding the emergency or a markup
which is not a larger percentage over wholesale cost than was being
added to the wholesale cost before the emergency.
[Ord. No. 380, 3-19-2020]
A 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 may specifically
be prescribed therein or upon the issuance of a proclamation determining
the civil emergency no longer exists, whichever occurs first.
[Ord. No. 380, 3-19-2020]
A.
Any
person, firm or corporation who refuses to comply with or violates
any Section of this Article or the emergency measures which may be
made effective pursuant to this Article, shall be punished by a fine
not to exceed five hundred dollars ($500.00) or imprisonment not to
exceed sixty (60) days in jail, or both. Each act or day of continued
non-compliance or violation shall be considered a separate offense.
In addition to the foregoing, any licensee of the City of Hallsville
found guilty of violating any provision of this Article or the emergency
measures which may be made effective pursuant to this Article may
have his/her license suspended or revoked by the Board of Aldermen
of the City of Hallsville.
B.
Nothing
herein contained shall prevent the City from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent
or remedy any refusal to comply with or violation of this Article
or the emergency measures which may be effective pursuant to this
Article. Such other lawful action, shall include, but shall not be
limited to, an equitable action for injunctive relief or any action
at law for damages.
