[CC 1990 § 11-1; Ord. No. 147 § 1, 8-15-1988]
As used in this Chapter, the following terms shall have the
meanings indicated:
An occurrence such as a tornado, storm, flood, high water,
wind-driven water, earthquake, drought, blizzard, pestilence, famine,
fire, explosion, terrorism, including bioterrorism, 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.
[CC 1990 § 11-2; Ord. No. 147 § 2, 8-15-1988]
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.
[CC 1990 § 11-3; Ord. No. 147 § 3, 8-15-1988]
A.
Whenever the Mayor is absent from the City, disabled, missing or
presumed disabled, the President Pro Tem shall assume the duties of
the Mayor.
B.
If the President Pro Tem is absent from the City, disabled, missing
or presumed disabled, the duties of the Mayor shall be assumed by
the Council Member 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, President 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 or surviving senior department
head shall assume the duties of the Mayor.
D.
The fitness of any individual to assume the duties of Mayor shall
be determined by a consensus of those Council Members present or, in
their absence, by a consensus of those City department heads present.
[CC 1990 § 11-4; Ord. No. 147 § 4, 8-15-1988]
A.
Under the provisions of Section 44.080, RSMo., there is hereby created
the Chesterfield Emergency Management Agency, the head of which shall
be designated by the Chief of Police with approval of the City Administrator.
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, Chapter 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 June 1, 1988, 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.
[CC 1990 § 11-5; Ord. No. 147 § 5, 8-15-1988]
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 organizations and procedures for
the conduct of emergency operations as outlined in the Missouri Disaster
Operations Plan.
B.
The Coordinator shall be appointed and be subject to removal by the
City Administrator 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 an ordinance violation.
[CC 1990 § 11-6; Ord. No. 147 § 6, 8-15-1988]
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.
[CC 1990 § 11-7; Ord. No. 147 § 7, 8-15-1988]
A.
The City Administrator and the Coordinator, in accordance with the
Missouri Civil Defense Act, 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 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.
[CC 1990 § 11-8; Ord. No. 147 § 8, 8-15-1988]
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 overthrow of the Government
of the United States or of this State. The 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 Chesterfield Disaster Preparedness
Agency, 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."
[CC 1990 § 11-9; Ord. No. 147 § 9, 8-15-1988]
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 for amendment to the Council when necessary.
[CC 1990 § 11-10; Ord. No. 2349 § 1, 7-7-2007]
A.
BIOTERRORISM
CHEMICAL OR RADIOLOGICAL CONTAMINATION
COMMUNICABLE DISEASE
COORDINATOR OF DISEASE PREVENTION
EXPOSURE
ISOLATION
PUBLIC HEALTH EMERGENCY
QUARANTINE
a.
b.
c.
Definitions. For the purposes of this Section, the following words
or phrases shall have the meaning given herein.
Intentional use of any microorganism, virus, infectious substance,
or biological product that may be engineered as a result of biotechnology,
or any naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological product,
to cause death, disease, or other biological malfunction in a human,
an animal, a plant, or another living organism in order to influence
the conduct of government or to intimidate or coerce a civilian population.
A person has been exposed to and may physically have on their
person any toxic or poisonous chemicals or precursors of toxic or
poisonous chemicals or radiation or radioactive materials at a level
dangerous to human life.
A serious disease or condition that can cause death or permanent
damage to a person, the infectious agent of which may pass or be carried,
directly or indirectly, from the body of one person or animal or contaminated
environment to the body of another person or animal.
A temporary position appointed by the Mayor and may be reassigned
or terminated at any time without cause. The coordinator of disease
prevention is responsible for designating persons and/or places to
be quarantined or isolated, the level of quarantine and its duration.
Depending on circumstances, the position may be assigned to a City
employee and it would have no adverse impact on their employment,
salary or benefits. The coordinator of disease prevention shall be
qualified to treat infectious diseases or will coordinate with an
infectious disease expert.
Contact with suspected cases of a disease or a contaminated
environment where there may be contact, absorption, ingestion or inhalation
of an infectious agent or chemicals or radiation or radioactive materials
that may result in infection with a disease or radiation illness.
The separation for the longest period of communicability
of infected individuals, premises and animals from other individuals
and animals in places and under conditions as will prevent the direct
and indirect transmission of the communicable disease from infected
individuals or animals who are susceptible or who may spread the agents
to others.
A period of time set by the Mayor when the health of the
public is at risk because of the presence of a communicable disease
in the region or the threat of a communicable disease in the region.
The period of time set by the Mayor shall not exceed five (5) days
unless a majority of the City Council has been consulted and so informed
by the Mayor.
The separation from others of persons, groups or persons,
premises or animals who had the opportunity to acquire a communicable
disease or chemical or radiological contamination through an infected
person, animal or contaminated environment. The usual period of time
will not be longer than the longest period of communicability of the
disease or in the event of chemical and radioactive contamination,
until decontamination occurs. The purpose of quarantine is to prevent
direct or indirect transmission of the communicable disease, chemical
or radiological contamination to other persons, animals or environments.
COMPLETE QUARANTINEA limitation of freedom of movement of person, groups of persons or animals exposed to a communicable disease for a usual period of time not longer than the longest period of communicability of the disease or in the event of exposure to chemical or radiation, until decontamination occurs, in order to prevent effective contact with the general population.
MODIFIED QUARANTINEA selective, particular limitation of freedom of movement of person, groups of persons or animals determined on the basis of differences in susceptibility or danger of disease transmission. Modified quarantine is designed to meet a particular situation and includes, but is not limited, the exclusion of person from geographic areas or school or child care, the closure of schools, child care centers and places of public or private assembly and the prohibition or restriction of those exposed to a communicable disease or chemical or radiation contamination from engaging in travel into or from a specified area or in a particular occupation or activity.
QUARANTINE OF PREMISESThe closure of buildings or parts or buildings, both public and private, until they have been declared safe by the Mayor or his/her designated representative.
B.
Declaration Of Emergency. During a period of a public health emergency
the Mayor, after consultation with local hospitals, the St. Louis
County Department of Health and local law enforcement, may proclaim
for a set period of time a public health emergency and appoint a coordinator
of disease prevention.
C.
Establishment Of Quarantine Or Isolation. The coordinator of disease
prevention shall establish appropriate quarantine or isolation rules
and regulations as necessary to prevent the introduction or transmission
of communicable disease, as defined in this Chapter, or chemical or
radiological contamination into, within or from the City of Chesterfield.
1.
Quarantine And Isolation Orders.
a.
Any quarantine and isolation order issued by the coordinator
of disease prevention shall be in writing and contain:
(1)
The identification of the person, group of persons,
premises or animals to be confined, closed or excluded;
(2)
The basis for the coordinator of disease prevention's
belief that the person, group of persons or animals have a communicable
disease, may be incubating a communicable disease or have chemical
or radiological contamination and that the person, group of persons
or animal(s) pose(s) a substantial threat to the public health and
that quarantine or isolation is necessary to protect and preserve
the public health or that a premises is in such a condition that could
lead to such communicable disease or contamination. The premises shall
be posted with a notice that the premises is under quarantine. It
shall be a violation of this Chapter for any person without the consent
of the coordinator of disease prevention to remove said notice;
(3)
The period of time during which the order shall
remain effective;
(4)
The place of confinement or exclusion as designated
by the coordinator of disease prevention; and
(5)
The steps necessary to prohibit the illegal entry
or occupancy of premises.
b.
Further orders of quarantine and isolation pursuant to this
Section may be issued to previously quarantined or isolated persons,
groups of persons, premises or animals in the event the Mayor deems
additional quarantine and isolation time is necessary to protect and
preserve the public health.
D.
Isolation And Quarantine Premises.
1.
Entry into quarantine and isolation premises shall be restricted
under the following conditions:
a.
The coordinator of disease prevention may authorize physicians,
health care workers or others access to individuals in quarantine
or isolation as necessary to meet the needs of quarantined or isolated
individuals.
b.
No person, other than a person authorized by the Mayor, shall
enter quarantine or isolation premises.
c.
Any person entering a quarantine or isolation facility must
possess infection control knowledge and use appropriate personal protective
equipment.
2.
Any person entering a quarantine or isolation premises with
or without the authorization of the coordinator of disease prevention
may be quarantined or isolated.
3.
The coordinator of disease prevention may take whatever action
necessary to decontaminate any premises and charge the owner the cost
of such decontamination and said cost shall be a lien on the property.
E.
Relief From Isolation And Quarantine. A person confined or excluded
or owner of an animal confined under this Section shall have relief
from isolation if the coordinator of disease prevention determines:
1.
The person or animal ordered confined or excluded is no longer
infected with a communicable disease;
2.
The person or animal no longer poses a substantial threat to
the public health;
3.
Confinement or exclusion of the person or animal is not necessary
and the least restrictive alternative to protect and preserve the
public health; and
4.
The owner of the quarantined premises produces documentation
satisfactory to the coordinator of disease prevention showing either
mitigation or that no contamination (chemical, radiological or biological)
is present and that the premises no longer presents any health hazard.
Any person aggrieved from a decision or order of the coordinator of
disease prevention may appeal such decision within ten (10) working
days of the decision or order to the Mayor and City Council. The City
Council shall hold a hearing within thirty (30) working days of the
appeal. The hearing shall determine if the decision or order was appropriate.
An appeal does not stay the decision of the coordinator of disease
prevention. Neither the City of Chesterfield nor any of its employees,
agents, contractors or members of the Police Department shall be held
responsible for any lost wages, income or other damages due to the
quarantine or isolation imposed hereunder.
F.
Enforcement. Orders of quarantine and isolation of property shall
be transmitted to the City Council, the Chief of Police, the Monarch
Fire Protection District and the St. Louis County Police Department.
The Chief of Police is directed to aid and assist the coordinator
of disease prevention in the enforcement of the quarantine or isolation
order whenever requested to do so.
G.
Penalty For Violation. Every person convicted of a violation of any
Subsection of this Section shall be punished by a fine of not less
than one dollar ($1.00) nor more than one thousand dollars ($1,000.00)
or by imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment. Each day that any violation shall continue,
it shall constitute a separate offense.
[CC 1990 § 11-11; Ord. No. 2349 § 1, 7-7-2007]
A.
Generally. The coordinator of disease prevention may limit pedestrian
and vehicle access to pharmacies, hospitals, physician offices and
medical facilities offering or providing vaccines, medicines, antidotes
or treatments for communicable diseases. Limitations are intended
to prevent the spread of communicable disease and reduce the potential
for civil unrest or criminal activity. Limitations on pedestrian and
vehicle activity may include:
B.
Penalty For Violation. Every person convicted of a violation of any
Subsection of this Section shall be punished by a fine of not less
than one dollar ($1.00) nor more than one thousand dollars ($1,000.00)
or by imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment. Each day that any violation shall continue,
it shall constitute a separate offense.
[CC 1990 § 11-12; Ord. No. 2349 § 1, 7-7-2007]
A.
Unlawful. It shall be unlawful, during a public health emergency,
for any person to knowingly or carelessly infect other persons with
a communicable disease. It is not necessary for a person to know they
were contagious at the time the infection is spread. A person having
exposure to a communicable disease is considered contagious during
the longest period of communicability of said disease.
B.
Precautions. A person shall be guilty of carelessly infecting others
by not taking simple precautions to prevent the spread of a communicable
disease. Precautions include, but are not limited to:
