Cross References — Building codes, ch. 500; fire prevention and protection, ch. 205; floodplain management, ch. 420; motor vehicles and traffic, Title III; offenses, ch. 215; planning, ch. 400; police, ch. 200.
[Ord. No. 02-2020, 3-19-2020[1]]
In this Chapter "disaster" means an occurrence such as a tornado, storm, flood, high water, wind-driven water, earthquake, drought, blizzard, pestilence, famine, fire, explosion, building collapse, commercial transportation wreck, or any other situation that causes human suffering or creates human needs that the victims cannot alleviate without assistance, and that requires an extraordinary commitment of governmental resources. This definition is to be viewed advisedly and should not be applied rigidly so as to exclude situations not enumerated.
[1]
Editor's Note: Former Chapter 230, Emergency Preparedness, containing Sections 230.010 through 230.080, was repealed 3-19-2020 by Ord. No. 02-2020.
[Ord. No. 02-2020, 3-19-2020]
Upon the actual occurrence of a disaster within the City when the safety and welfare of the inhabitants of the City are jeopardized or in the event of enemy attack, sabotage or other hostile action, the Mayor is hereby empowered to declare an emergency or that a disaster has or is occurring, and in accordance with the Missouri Disaster Operations Plan, and during such emergency, to activate all of the rights, duties and responsibilities granted under the Missouri Civil Defense Act and by the rules and regulations promulgated thereto. Upon declaration of an emergency or a disaster, the Mayor shall exercise all powers granted by City ordinance and State Statute and shall additionally take all steps necessary to assure the health, safety and welfare of all those within the City limits.
[Ord. No. 02-2020, 3-19-2020]
A. 
Whenever the Mayor is absent from the City or disabled or missing or presumed disabled, the Mayor Pro Tem shall assume the duties of the Mayor.
B. 
If the Mayor Pro Tem is absent from the City or disabled or missing and presumed disabled, the duties of the Mayor shall be assumed by that Councilman with the most cumulative seniority on the City Council who is present and able to function in the capacity of Mayor.
C. 
If neither the Mayor, Mayor Pro Tem, nor any members of the City Council can be found within the City who are fit to assume the duties of the Mayor, the City Administrator shall assume the duties of the Mayor. If neither the Mayor, Mayor Pro Tem, any members of the City Council, nor the City Administrator can be found within the City who are fit to assume the duties of the Mayor or surviving senior department head.
D. 
The fitness of any individual to assume the duties of Mayor shall be determined by a consensus of those Councilmembers present or, in their absence, by a consensus of those City department heads present.
[Ord. No. 02-2020, 3-19-2020]
A. 
Under the provisions of Section 44.080, RSMo., there is hereby created the City of Louisiana Emergency Management Agency, the head of which shall be the coordinator. This agency shall be responsible for the preparation and implementation of emergency functions required to prevent and minimize 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 functions excluding functions for which the military forces are primarily responsible) in accordance with the Missouri Civil Defense Act [Ch. 44, RSMo.].
B. 
The Emergency Management Agency shall perform emergency functions in cooperation with the County and the State in accordance with the provisions of the Missouri Civil Defense Act, the City-County mutual aid agreement, dated September, 1985, and any cooperative agreement hereinafter adopted.
C. 
The basic operational structure of this agency shall consist of existing departments of the City Government who will perform emergency activities related to those performed normally. Auxiliary groups may be formed and trained under the direction and control of the operating department they are to support.
[Ord. No. 02-2020, 3-19-2020]
A. 
The administrative staff of the Emergency Management Agency shall consist of a coordinator and such additional staff members as the City Council may authorize. Members will be selected by the coordinator in order to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.
B. 
The coordinator shall be appointed and/or be subject to removal by the Mayor with the approval of the City Council.
C. 
The coordinator shall have direct responsibility for the organization, administration and operation of local disaster planning subject to the direction and control of the City Administrator.
D. 
The coordinator is authorized to select and obtain Federal government surplus property through the State Disaster Planning and Operations office, and the State Department of Education. The coordinator shall obtain the necessary approval to obligate the City for the handling charge imposed by the Department of Education and the State agency for surplus property. The coordinator may delegate authority to obtain surplus property at the State agency for surplus property warehouse with the approval of the City Administrator.
E. 
The coordinator shall be responsible for maintaining records on use and disposal of all items of equipment placed under the jurisdiction of the agency.
F. 
The coordinator is authorized to submit all materials and sign all documents requested by the State Disaster Planning and Operations office to qualify the City for participation in Federal contributions for personnel and administrative expense program.
G. 
The coordinator shall, with the consent of the City Administrator, appoint various public shelter managers, who, in the case of national or civil emergency, shall open public shelters, take charge of all stocks of food, water and other supplies stored in the shelter, admit the public in accordance with the City shelter use plan, and take whatever control measures necessary for the protection and safety of the occupants. Such public shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal of a person to carry out the reasonable orders of the shelter manager and his/her appointed staff shall be deemed a misdemeanor.
[Ord. No. 02-2020, 3-19-2020]
All full-time employees of the City are hereby declared to be members of the Emergency Management Agency and shall perform such duties as the coordinator may deem necessary to prepare for or respond to a disaster. Employees shall receive no additional compensation for serving as members of this agency.
[Ord. No. 02-2020, 3-19-2020]
A. 
the City Administrator and the coordinator, in accordance with the Missouri Civil Defense Act [Ch. 44, RSMo.], may:
1. 
Expend funds, enter into contracts, obtain and distribute equipment, materials and supplies for civil defense 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 the Federal and State Disaster and Emergency Planning.
2. 
Appoint and remove rescue teams and other emergency operations teams, units or personnel who shall serve without compensation; assign emergency missions to non-governmental groups such as physicians, heavy equipment operators, and owners of local businesses as necessary to develop a capability to augment the Emergency Management Agency's response to disaster.
3. 
In the event of declared national emergency or declared local disaster situation, waive the provisions of statutes requiring advertisements for bids for the performance of public work or entering into of contracts.
4. 
With the approval of the City Council and consistent with the Missouri Disaster Operations Plan, enter into mutual aid agreements with other public and private agencies within and without the State for reciprocal emergency aid.
5. 
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal government for disaster planning and operations purposes.
[Ord. No. 02-2020, 3-19-2020]
No person shall be employed or associated in any capacity in any organization established under this Chapter who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States, or has been convicted of or is under indictment or information charging any subversive act against the United States. Each member 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 time as I am a member of the City of Louisiana Emergency Management, 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."
[1]
State Law Reference: Similar provisions, Section 44.115, RSMo.
[Ord. No. 02-2020, 3-19-2020]
The coordinator shall prepare a comprehensive disaster response plan and develop a procedure to implement it quickly and with the least amount of inconvenience to the public. The disaster preparedness plan shall be submitted to the City Council for approval and shall be reviewed annually by the coordinator and submitted for amendment to the council when necessary. In lieu of developing a plan, it shall be acceptable to adopt a County-wide or regional plan, which includes specific details about the City of Louisiana.