There is hereby created within and for the City of Kimberling
City an emergency management organization to be known as the Kimberling
City 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 Kimberling City 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 Kimberling City 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.
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 Kimberling City 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 Kimberling City 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 Kimberling City 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 Kimberling City Emergency Management Organization.
[Ord. No. 478, 3-24-2020]
This Article 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.
[Ord. No. 478, 3-24-2020]
When used in this Article, the following words shall have the
definitions set forth below:
DISASTER
A disaster, whether natural or manmade, 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.
PUBLIC EMERGENCY
A public emergency means 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.
CIVIL EMERGENCY
Civil emergecy, shall include, but not be 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.
UTILITY EMERGENCY
Utility emergency, shall include, but not be 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. 478, 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 and fire departments, 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, of 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 of these duties and to provide for
sub-delegation.
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/Manager of Public Works
and upon the following findings:
a. Severe weather events (other natural or manmade 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 the 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.
C. In
the event the Mayor is unavailable, the Mayor Pro-Tem of the Board
of Aldermen shall have the authorities listed in this Section, followed
by the City Administrator, and then followed by the most senior ranked
member of the Board of Aldermen.
[Ord. No. 478, 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 preparedness plan 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.
[Ord. No. 478, 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
225.110, may authorize the City Administrator or the City Administrator's 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 for a period of at least one (1) year subsequent to the date of the emergency purchases. 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. 478, 3-24-2020]
Proclamations, rules, and orders issued pursuant to Section
225.110 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
225.110 shall cease to exercise emergency powers.
[Ord. No. 478, 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
225.110 or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from Section
225.110 shall be an ordinance violation.
[Ord. No. 478, 3-24-2020]
A. Mayor
Authorized To Declare A Water Use Emergency. 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 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.
B. The
Mayor's declaration may include all, or any portion of the City.
C. 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. Person shall be defined as set out in Section
300.010 of the City Code.
D. 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.
8. Watering Of Golf Course Greens. Watering of golf course greens except
to the extent that non-fresh water sources of water (such as grey
water) are available for this purpose.
E. Exception
For Business And Industrial Uses. All businesses and industries utilizing
water shall be permitted to utilize the normal amount of water necessary
for the maintenance of their business or industry. This exception
shall not permit the watering of yards as defined above at any business
location except those involved in the raising of vegetation for commercial
uses. Should water supplies reach or approach critical levels, the
Mayor may, by separate proclamation, suspend this exception for a
designated period of time.
F. Enforcement.
1. Police Officers Enforce. Every police officer of the City shall in
connection with his/her duties imposed by law diligently enforce the
provisions of this Article.
2. Discontinuance Of Service. The City or the manager of each water
company or district doing business within the City shall have the
authority to enforce the provisions of this Article by the discontinuance
of water service in the event of violation hereof or shall, upon the
request of the Mayor, City Administrator, Fire Chief or any police
officer, discontinue water service to any building whose occupants
are violating the provisions of this Article.
3. Penalties. Any person violating the provisions of this Article shall
be subject to a fine not to exceed five hundred dollars ($500.00)
per occurrence, or imprisonment for not more than ninety (90) days,
or any combination thereof.
[Ord. No. 478, 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 in addition to the general powers granted in
this Chapter:
1. To declare individuals, but not areas, quarantined as provided in
Missouri Statutes.
2. To limit the number of people who may be permitted to gather in public
places.
3. To limit certain public services determined to be non-critical to
stop the spread of disease.
4. To close or curtail the operations of restaurants, bars, or places
of public entertainment.