As used in this Article, the term "emergency management" shall
mean the preparation and implementation of emergency functions, other
than functions for which military forces or other State or Federal
agencies are primarily responsible, to prevent, minimize and repair
injury and damage resulting from incidents of natural or human cause
and origin. These functions include, without limitation, firefighting
services, police services, medical and health services, rescue, engineering,
communications, radiological, chemical and explosives services, emergency
transportation, plant protection, temporary restoration of public
utility services, and all other functions related to civilian protection,
together with all other activities necessary or incidental to the
mitigation, response and recovery of such issues.
[Ord. No. 19-13, 6-10-2019]
There is hereby created an emergency management organization
for the City, in conjunction with actions by Madison County, Missouri,
known as the "Emergency Preparedness/Disaster Team," 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
emergency activities in accordance with Chapter 44, RSMo., and supplements
thereto, and the Missouri Emergency Operations Plan adopted thereunder.
[Ord. No. 19-13, 6-10-2019]
The Emergency Preparedness/Disaster Team shall consist of a
common Director, who shall be appointed by the Madison County, Missouri,
Commission and the Mayor of Fredericktown, and other members appointed
by said political subdivisions, to conform to the State organization
and procedures for the conduct of emergency operations as outlined
in the Missouri Emergency Operations Plan.
The Emergency Preparedness/Disaster Team shall perform emergency
management functions within the territorial limits of the City and
Madison County, 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.
[Ord. No. 19-13, 6-10-2019]
A.
The Director shall have the direct responsibility for the organization,
administration and operation of the Emergency Preparedness/Disaster
Team, subject to the direction and control of the presiding County
Commissioner and the Mayor of Fredericktown.
B.
The Director shall be responsible for the preparation and implementation
of an emergency operations plan for the County and City. This plan
shall address the duties and responsibilities of staff and officials
in the event of an earthquake, flood, tornado or other actual or threatened
public catastrophe creating conditions of distress or hazard to public
health and safety of the citizens of the County and City.
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 emergency management organization.
D.
The Director shall be responsible for the preparation and administration
of the annual budget for the emergency management office.
The Director, in conjunction with the Mayor, shall have all
the power and authority conferred by State law and are further authorized
and empowered to:
A.
Prepare a comprehensive plan and program for the emergency operations
and disaster control of the City, and integrate and coordinate such
plan and program with the emergency preparedness plan of the Federal
government and other municipalities and political subdivisions.
B.
Ascertain the requirements of the City for food, clothing and other
necessities in the event of attack or disaster; plan for and procure
supplies, medicines, materials, and equipment and, in the event of
attack or disaster, use and employ from time to time any of the property,
services, and resources within the City for the purposes set forth
in this Article; institute training programs and public information
programs and make all other preparations to ensure furnishing of adequately
trained and equipped forces of emergency response personnel in time
of need; direct mobilization of emergency response forces and other
tests and exercises; prescribe warnings and signals emergency notification
and mechanical devices to be used in connection therewith.
C.
Have authority upon local declination of an emergency to impose travel
and access restrictions, curfews, and other temporary mandates, to
provide for community order and safety.
D.
Establish agencies and offices and appoint executive, technical,
clerical, and other personnel as may be necessary to carry out the
provisions of this Article.
E.
Delegate any authority vested in him/her under this Article, and
provide for the subdelegation of any such authority.
A.
In case of a declared emergency, either local, natural, State or
national, public shelter managers, duly appointed by the emergency
management coordinator, shall open public shelters, take charge of
all stocks of food, water, and other supplies stored or brought into
the shelter, admit the public according to the Emergency Preparedness/Disaster
Team plan, and take whatever control measures are necessary for the
protection and safety of the occupants.
B.
Shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal to carry out the orders of the shelter manager and his/her appointed staff shall be deemed an offense, punishable as provided in Section 100.220.
In accordance with Ch. 44, RSMo., the Mayor, or his or her designee,
as Executive Director, may, upon notice of impending disaster or upon
occurrence of such event:
A.
Declare that an emergency situation exists within the City, placing
in effect the emergency operations and disaster control plan required
by this Article.
B.
Expend funds, make contracts, obtain and distribute equipment, materials
and supplies for emergency preparedness purposes, provide for the
health and safety of persons, including emergency assistance to victims
of an enemy attack, and 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 disaster and emergency
planning.
C.
Appoint, provide, or remove rescue teams, auxiliary fire and police
personnel and other emergency operations teams, units or personnel
who may serve without compensation.
D.
With the approval of the Governor and consistent with the State of
Missouri Emergency Operations Plan, 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 operations or other purposes.
In the event of enemy attack or natural disaster, the Mayor,
City Administrator, or Board of Aldermen may waive any time-consuming
procedures and formalities otherwise required by statute pertaining
to the advertisement for the performance of public work or entering
into contracts.
Persons appointed to positions or volunteering services relative
to an emergency/disaster shall receive no compensation from public
funds of the City for the performance of such duties, unless specifically
approved by the Board of Aldermen. With the approval of the Board
of Aldermen, any person performing emergency response or recovery
duties under this Article may be reimbursed from City funds for reasonable
and necessary expenses incurred in the performance of such duties.
Inasmuch as proper functioning of emergency response/recovery requires
the services of existing City officers and offices, the compensation
of any officer or employee of the City called upon to perform duties
in connection with an emergency shall not be reduced by reason of
any provision contained in this Article.
No person shall be employed or associated in any capacity in
any organization established under this Article who advocates or has
advocated a change by force or violence in the constitutional form
of the government in 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 for information charging
any subversive act against the United States. Each person who is appointed
to serve in an 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:
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"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, nor have I been, a member of any
political party or organization that advocates the overthrow of the
government of the United States or this State by force or violence;
and that during such a time as I am a member of the Emergency Preparedness/Disaster
Team for Madison County, 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."
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[Ord. No. 19-13, 6-10-2019]
The presiding Commissioner and the Mayor of Fredericktown are
authorized to designate space in any County- or City-owned or leased
building for the Madison County Emergency Management office.
The Director of Public Works, or the highest ranking member
of the Public Works Department, may render aid to any requesting public
safety agency in the State or in a bordering state at the time of
a significant emergency such as a fire, earthquake, flood, tornado,
hazardous material incident, or other such disaster. The Director
of Public Works, or the highest ranking member of the Public Works
Department, may render aid to any requesting agency as long as he/she
is acting in accordance with the policies and procedures set forth
by the governing body of that public safety agency.
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any natural or man-made disaster, including but not limited
to enemy attack, sabotage or other hostile action, flood, fire, tornado,
earthquake or explosion within the City, resulting in the death or
injury of persons or the destruction of property to such an extent
that extraordinary measures must be taken to protect the public health,
safety and welfare.
Prohibition against any person being or traveling upon any
alley, street, highway, public property or vacant premises within
the City, except persons officially designated to duty with reference
to a civil emergency.
[1]
State Law Reference: Definitions, RSMo. § 44.010.
When a civil emergency exists within the City, the Mayor may
declare a civil emergency and order a curfew. The curfew order shall
be in writing and shall set forth the reason for ordering the curfew,
the geographical area to which the curfew applies, the hours the curfew
shall be in effect and any exceptions to the curfew the Mayor deems
appropriate. The Mayor shall limit the scope and duration of the curfew
to meet the specific circumstances of the civil emergency. A curfew
order may provide that it shall remain in effect until rescinded by
the Mayor or his or her designee. However, no curfew shall remain
in effect longer than seven (7) days unless the Board of Aldermen
meets and determines that a civil emergency exists and that no less
drastic alternative to the curfew can adequately protect the public
health, safety and welfare.
The Mayor may order the evacuation of any part of the City where
necessary to protect against escaping dangerous gases, explosions,
flooding or other dangerous physical conditions.
It shall be unlawful for any person to violate the provisions
of this Article or any order issued pursuant thereto or to willfully
fail or refuse to comply with the orders of duly authorized law enforcement
officers or personnel charged with the responsibility of enforcing
this article and the orders issued pursuant to this Article.
