There is hereby created within and for the City of Marshall
an emergency management organization to be known as the Marshall 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 Marshall 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 Marshall 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 City Council.
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 City Council.
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 Marshall Emergency Management
Organization.
A. The City of Marshall 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 Marshall 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 Marshall 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 Marshall 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 Marshall Emergency Management Organization.
A. For
purposes of this Section, the following terms mean:
LAW ENFORCEMENT OFFICER
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.
REQUESTING ENTITY
Any Law Enforcement Agency or entity within this State empowered
by law to maintain a Law Enforcement Agency.
SENDING 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.
[CC 1985 § 8-19]
In carrying out the emergency powers under the provisions of
this Article, the Executive Officer or City Council is directed to
use the services, equipment, supplies and facilities of existing departments,
offices and agencies of the state and of the City, and the officers
and personnel of all City departments, offices and agencies are directed
to cooperate with and extend such services and facilities to the Executive
Officer or City Council.
[CC 1985 § 8-20]
Whenever the Federal or State Government, or officer or agency
thereof shall offer to the City, services, equipment, supplies, material
or funds by way of gift, grant or loan, for the purpose of civil defense;
the City acting with the consent of the governor and through its Executive
Officer, may accept such offer and upon acceptance the Executive Officer
of the City may authorize any officer of the City to receive such
services, equipment, supplies, materials or funds on behalf of the
City subject to the terms of the office.
[CC 1985 § 8-21]
A. In the event of an emergency as defined in RSMo. Ch. 44,
the coordinator is authorized on behalf of the City, to procure such
services, supplies, equipment or material as may be necessary for
such purposes, in view of the exigency, without regard to the statutory
procedures or formalities normally prescribed by law pertaining to
municipal contracts or obligations, as authorized by RSMo. Ch. 44,
provided that if the City Council meets at such time, he/she shall
act subject to the directions and restrictions imposed by that body.
B. In the event of enemy attack, the Mayor or City Council
may waive any time-consuming procedures and formalities otherwise
required by statute pertaining to the advertisement for bids for the
performance of public work or entering into contracts.
[CC 1985 § 8-22; Ord. No. 5932 § 1, 12-5-1983]
For the purposes of providing a civil disaster plan for the
City in the event of a civil emergency, there is hereby adopted the
Emergency Preparedness Plan for the City of Marshall, and the whole
thereof, except any such portions thereof as are hereafter deleted,
modified or amended; and the same together with such deletions or
modifications as are hereafter enacted, is adopted and incorporated
by reference as fully as if the same were set out at length; and the
provisions thereof shall be controlling in the construction of all
subjects therein contained within the corporate limits of the City.
[CC 1985 § 8-31]
It is deemed necessary in the interest of the public health
and safety of the citizens of the City to establish in the Mayor or
Mayor pro tem as the case may be, certain emergency powers for the
control of certain emergencies including, but not limited to, fire,
flood, civil disturbances and riots, and, therefore, it is deemed
in the best interest of the citizens of the City to exercise certain
emergency powers necessary to and incidental to the maintenance of
the safety, health and welfare of the citizens of the City.
[CC 1985 § 8-32]
The powers of this Article shall be placed in the hands of the
Chief Executive and these powers shall be exercised only in the event
of an emergency as herein contemplated and shall be exercised only
for such periods of time as the actual emergency exists and the powers
shall be invoked only after a declaration and proclamation of the
emergency by the Mayor or Mayor pro tem by whatever means are currently
available.
[CC 1985 § 8-33]
A. In addition to any and all powers enumerated in this Code,
the Mayor or Mayor pro tem, as the case may be, acting as Chief Executive
of the City, shall have further emergency powers as follows:
1.
The Mayor or Mayor pro tem, as the case may be,
shall have the right to declare an emergency to exist when in his
opinion one (1) or more of the following conditions exists:
a.
Any unusual condition causing or likely to cause
danger to life or property;
b.
Extreme or hazardous weather conditions making
use of City streets or other areas within the City hazardous or impossible;
c.
Civil unrest, commotions, uprisings or riots existing
or imminent;
d.
Stoppage of electrical power or other utilities
of services affecting a major portion of the City.
2.
After declaration of such emergency, the Mayor
or Mayor pro tem, as the case may be, acting as Chief Executive, shall
have the right to exercise any or all of the following powers:
a.
The power to use employees of the City to assist
in the safety and preservation of life, limb and property of the citizens
of the City;
b.
The power to close streets and sidewalks and if
necessary, to delineate areas within the City wherein an emergency
exists;
c.
The power to impose emergency curfew regulations;
d.
The power to close business establishments within
the affected area;
e.
The power to close any and all municipally owned
buildings and other facilities to the use of the general public;
f.
The power to do any and all acts necessary and
incidental for the preservation of life, limb and property of the
citizens of the City.
B. No emergency power as set forth herein may be effective
for more than twenty-four (24) hours after the declaration of an emergency
by the Mayor or Mayor pro tem, as the case may be. Immediately after
the declaration of such emergency by the Mayor or Mayor pro tem, an
immediate call shall be made for the convening of a special session
of the City Council to meet at the earliest practicable time that
a quorum can be obtained and after the convening of such special session,
further emergency powers shall be granted to the Mayor or Mayor pro
tem only by authority of a majority vote of the City Council.
C. The declaration of an emergency as to a portion of the
City shall specify the exactness of the area in which the emergency
is declared to exist.
D. This Article is declared to be an exercise by the City
through its Chief Executive of its police or governmental function
for the protection of the public peace, health and safety and neither
the City, the agents and representatives of the City, nor any person
in good faith carrying out, complying with or attempting to comply
with any order, rule or regulation promulgated pursuant to the provisions
hereof shall be liable for any damages sustained by any person or
property as the result of such activity.
E. Any person violating any provisions of this Article or
the orders, rules or regulations promulgated in carrying out the terms
of this Article, shall be deemed guilty of an ordinance violation.