[R.O. 1996 § 250.010]
There is hereby created within and
for the City of Grain Valley an emergency management organization
to be known as the "Grain Valley 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.
[R.O. 1996 § 250.020]
This agency shall consist of a Director
and other members appointed by the Grain Valley 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.
[R.O. 1996 § 250.030]
The organization shall perform emergency
management functions within the City of Grain Valley, 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.
[R.O. 1996 § 250.060]
The Mayor of the City or Public Safety
Agency, with the approval of the Governor and consistent with the
Missouri Emergency Operations Plan, may enter into mutual-aid agreements
with other public and private agencies within and without the State
for reciprocal emergency aid. The Director may assist in the negotiation
of such reciprocal mutual-aid agreements.
[R.O. 1996 § 250.070]
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 disaster planning and operations purposes,
subject to the terms of the offer.
[R.O. 1996 § 250.080]
No person shall be employed or associated
in any capacity in the Grain Valley 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 is the United States by force
or violence, or has been convicted of or in under indictment or information
charging any subversive act against the United States. Each person
who is appointed to serve in the Grain Valley 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 Grain Valley 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."
[R.O. 1996 § 250.090]
The City Administrator is authorized
to designate space in any City-owned or leased building for the Grain
Valley Emergency Management Organization.
[R.O. 1996 § 250.100; Ord. No. 2498, 3-23-2020]
This Article is enacted to outline
processes 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.
[R.O. 1996 § 250.110; Ord. No. 2498, 3-23-2020]
When used in this Article, the following
words shall have the definitions set forth below:
DISASTER
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.
PUBLIC EMERGENCY
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
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
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.
[R.O. 1996 § 250.120; Ord. No. 2498, 3-23-2020]
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, 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 Community Development Director 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.
C. In the event the Mayor is unavailable,
the President of the Board 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.
[R.O. 1996 § 250.130; Ord. No. 2498, 3-23-2020]
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.
[R.O. 1996 § 250.140; Ord. No. 2498, 3-23-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section
250.120, 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.
[R.O. 1996 § 250.150; Ord. No. 2498, 3-23-2020]
Proclamations, rules, and orders issued pursuant to Section
250.120 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
250.120 shall cease to exercise emergency powers.
[R.O. 1996 § 250.160; Ord. No. 2498, 3-23-2020]
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
250.120, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from Section
250.120 shall be an ordinance violation.
[R.O. 1996 § 250.170; Ord. No. 2498, 3-23-2020]
A. Mayor Authorized To Declare A Water Use
Emergency.
1. The Mayor is authorized to declare a water use emergency under any
of the following conditions:
a.
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
b.
Water system pumping compared to
demand is inadequate to maintain sufficient water reserves to meet
expected demands for fire protection and public health.
2. 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. "Person" shall be defined as set out in Section
100.020 of the Code of the City of Grain Valley, Missouri.
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.
8.
Watering Of Golf Course Greens. Watering
of golf course greens except to the extent that non-freshwater sources
of water (such as grey water) are available for this purpose.
D. 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.
E. 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
or any Police Officer, discontinue water service to any building whose
occupants are violating the provisions of this Article.
3.
Violations And 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.
[R.O. 1996 § 250.180; Ord. No. 2498, 3-23-2020]
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:
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 in order to stop the spread of disease.