[Ord. No. 3058-20, 3-24-2020]
This Chapter shall be known as "Emergency Preparedness and Response
Authority."
[Ord. No. 3058-20, 3-24-2020]
This Chapter is enacted to set out and clarify the authority of the City and its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad a power as permitted by statutory and constitutional authority and to be a supplement to Chapter 125 of the City Ordinances.
[Ord. No. 3058-20, 3-24-2020]
When used in this Chapter the following words shall have the
definitions set forth below:
Includes but not limited to, any condition of unrest, riot,
civil disobedience, affray, unlawful assembly, hostile or military
or paramilitary action, war, terrorism, or sabotage, epidemic or any
event which results in mass casualties which may be beyond normal
capacity.
Whether natural or man-made, shall include, but not be limited
to, flood, fire, cyclone, tornado, earthquake, severe high or low
temperatures, water contamination or pollution, land contamination
or pollution, air pollution, blizzard, landslide, mudslide, hurricane,
building or structural collapse, high water table, pandemic disease,
epidemic, riot, blight, drought, civil emergency, utility emergency,
severe energy shortages, snow, ice, windstorm, hazardous substance
spills or releases, chemical spills or releases, petroleum spills
or releases, biological matter spills or releases, radiation releases
or exposures, infestation, explosions, sabotage, mass transportation
accidents or public health emergencies. This definition should not
be applied rigidly to exclude situations not enumerated.
The imminent threat or occurrence of a disaster, civil emergency
or utility emergency affecting the City and its residents and inhabitants
where the Mayor determines that the exercise or discharge of emergency
or disaster powers is necessary to save lives, protect property, protect
the public health and safety, or to lessen or to avert the threat
of a catastrophe or calamity within the City.
Includes, but not limited to, conditions which endanger or
threaten to endanger the safety, potability, availability, transmission,
distribution, treatment, or storage of water, natural gas, gas, fuel,
electricity, communication, garbage, or sewage.
[Ord. No. 3058-20, 3-24-2020]
A.
All other City ordinances to the contrary notwithstanding, when the
Mayor determines in the Mayor's sole discretion that a state
of public emergency exists within the City, the Mayor may by proclamation
declare a state of emergency and exercise emergency powers, including
but not limited to all of the following:
1.
The power to direct emergency response activities by City personnel,
including but not limited to the Police Department, and by such emergency
services personnel as the Mayor may designate or appoint.
2.
The power to execute contracts for the emergency construction
or repair of public improvements, when the delay of advertising and
public bidding might cause serious loss or injury to the City.
3.
The power to purchase or lease goods and services that the Mayor
deems necessary to the City's emergency response or for the repair
of City facilities, or both, and to acquire and distribute, with or
without compensation, supplies, materials, and facilities.
4.
The power to lease or lend real property, or structures, or
both, that the Mayor deems necessary for the continued operation of
City government.
5.
The power to promulgate rules and orders to implement and clarify
the Mayoral proclamation exercising emergency power.
6.
The power to delegate any or all these duties and to provide
for subdelegation.
7.
The Mayor shall be authorized to appoint any commissioned Law
Enforcement Officer in this State as a temporarily commissioned officer
of this City.
8.
The power to transfer, appropriate, or lend between funds as
may be necessary in the circumstances.
B.
The Mayor is authorized to issue a hazardous travel advisory which
shall prohibit all travel on streets within the City limits of the
City except in accordance with the exceptions provided herein. Such
prohibition may be limited to a defined geographical area if the affected
area is less than the entire City.
1.
Such prohibition shall be issued only after consultation with
the City Administrator, Police Chief and Director of Public Works
and upon the following findings:
a.
Severe weather events (other natural or man-made disasters)
are occurring or has occurred inside the City limits; and
b.
Such events have caused the streets to be in a condition where
ordinary care while driving is not enough to prevent the occurrence
of an accident; and
c.
Vehicles on the road will interfere with emergency operations
of the City.
2.
No person in the City shall drive on any public street or road
within the area defined by the Mayor as subject to the advisory after
issuance of the hazardous travel advisory until the same has been
lifted.
3.
The Mayor shall inform the public of the issuance, or retraction,
of the order by submitting the order to the media for publication
or broadcast.
4.
This prohibition shall not apply to:
a.
Law enforcement agencies;
b.
Fire suppression agencies;
c.
Employees of the City, County or MoDOT, or other public utility
providers involved in repair or cleanup of the emergency, or any subcontractors
involved in the cleanup of the emergency;
d.
Health care professionals; and
e.
Any person who is facing exigent circumstances in which a reasonable
person would infer that driving is an absolute necessity.
[Ord. No. 3058-20, 3-24-2020]
In the event of an emergency, the Mayor is authorized to procure
all services, supplies, equipment or materials necessary to continue
the effective operation of the emergency response without regard to
normal procedures or formalities normally prescribed by ordinance;
provided, that if the Board of Aldermen is meeting at the time, the
Mayor shall act pursuant to the orders and directions imposed on that
body. In the event of an emergency, the Mayor, by proclamation, may
waive any time-consuming formalities or procedures required by the
provisions of City ordinances pertaining to the advertisement of bids
for the execution of contracts and for the performance of public work
contracts relevant to the public emergency.
[Ord. No. 3058-20, 3-24-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 126.040, may authorize the department heads or their designees to procure by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurement made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the City Administrator within thirty (30) days after their procurement, and shall be open to public inspection pursuant to Section 610.010 et seq., RSMo. The City Administrator shall, within three (3) months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the Board of Aldermen.
[Ord. No. 3058-20, 3-24-2020]
Proclamations, rules, and orders issued pursuant to Section 126.040 shall be effective upon issuance and shall remain in effect for a period of up to thirty (30) days or until terminated by the Mayor or Board of Aldermen, whichever comes first. This period may be extended by the Mayor only upon approval of the Board of Aldermen. Upon the expiration of the local state of emergency, those persons acting pursuant to Section 126.040 shall cease to exercise emergency powers.
[Ord. No. 3058-20, 3-24-2020]
The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to Section 126.040, or the violation of any order or directive given by a Peace Officer or designated emergency services personnel pursuant to authority resulting from Section 126.040 shall be an ordinance violation.
[Ord. No. 3058-20, 3-24-2020]
A.
The Mayor is authorized to declare a water use emergency under any
of the following conditions:
1.
An equipment failure, large fire, or water main break which
has caused or, unless water conservation measures are taken, will
cause inadequate water pressures and flows for fire protection and
public health; or
2.
Water system pumping compared to demand is inadequate to maintain
sufficient water reserves to meet expected demands for fire protection
and public health.
The Mayor's declaration may include all, or any portion
of, the City.
B.
Persons Affected By Declaration. When the Mayor has declared a water
emergency, the provisions of this Section shall apply to all persons
using water, regardless of whether such person shall have a contract
for water service with any water company or private well.
C.
Uses And Withdrawal Of Water Prohibited. When the Mayor has declared
a water emergency, the use and withdrawal of water by any person for
the following purposes is hereby prohibited:
1.
Watering Yards. The sprinkling, watering or irrigating of shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens, vegetables,
flowers or any other vegetation.
2.
Washing Mobile Equipment. The washing of automobiles, trucks,
trailers, trailer houses, railroad cars, or any other types of mobile
equipment.
3.
Clean Outdoor Surfaces. The washing of sidewalks, driveways,
filling station aprons, porches and other outdoor surfaces.
4.
Cleaning Buildings. The washing of the outside of dwellings
and the washing of the inside and outside of office buildings.
5.
Cleaning Equipment And Machinery. The washing and cleaning of
any business or industrial equipment and machinery.
6.
Ornamental Fountains. The operation of any ornamental fountain
or other structure making a similar use of water.
7.
Swimming Pools. Swimming and wading pools not employing a filter
and recirculating system.
D.
Enforcement.
1.
Police Officers Enforce. Every Police Officer of the City shall
in connection with his duties imposed by law diligently enforce the
provisions of this ordinance.
2.
Discontinuance Of Service. The City shall have the authority
to enforce the provisions of this ordinance by the discontinuance
of water service in the event of violation hereof or shall, upon the
request of the Mayor, or any Police Officer, discontinue water service
to any building whose occupants are violating the provisions of this
ordinance.
[Ord. No. 3058-20, 3-24-2020]
A.
If the basis for declaring an emergency is due to a public health
crisis, such as a pandemic, then the Mayor shall be authorized to
exercise the following powers:
[Ord. No. 3058-20, 3-24-2020]
In the event the Mayor is unavailable, the President of the Board of Aldermen shall have the authorities listed in Chapter 126. If both the Mayor and President of the Board of Aldermen are unavailable, the City Administrator shall have the authorities listed in Chapter 126. If neither the Mayor, the President of the Board of Aldermen or the City Administrator, the longest-tenured member of the Board of Aldermen who is available shall have the authorities listed in Chapter 126.
[Ord. No. 3058-20, 3-24-2020]
Any person violating any provision of this Chapter shall upon conviction be punished as set out in Section 100.220.
