This ordinance is enacted to set out and clarify the authority
of the City and its officers with regard to emergency situations.
It is intended to grant as broad a power as permitted by constitutional
and statutory authority.
When used in this ordinance, the following words shall have
the definitions set forth below:
A public emergency means the imminent threat or occurrence
of a disaster, civil emergency, or public health emergency affecting
the City and its residents where the Mayor determines that the exercise
or discharge of emergency powers is necessary to save lives or to
protect the public health and safety.
A disaster means a sudden event, such as an accident or natural
catastrophe, that causes damage or loss of life. Disasters 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,
drought, snow, ice, windstorm, hazardous substances, chemical, petroleum,
biological matter spills or releases, radiation releases or exposures,
infestation, explosions, and mass transportation accidents. This definition
should not be applied rigidly to exclude disasters not enumerated.
A civil emergency means an unforeseen combination of circumstances
or the resulting consequences thereof calling for immediate action
to protect the public. Civil emergencies shall include, but not be
limited to, any condition of unrest, riot, civil disobedience, affray,
unlawful assembly, hostile, military or paramilitary action, war,
terrorism, and sabotage. This definition should not be applied rigidly
to exclude civil emergencies not enumerated.
A public health emergency means there is an impending threat
to the health of the citizens of the City which may result in serious
illness or death if emergency measures are not taken. Public health
emergencies include pandemics, epidemics, biological, radiological,
nuclear, or chemical threats to the public. Pandemic means an epidemic
disease that is occurring throughout a very wide area, usually several
countries or continents, and usually affecting a large proportion
of the population. Epidemic means sudden widespread cases of an infectious
disease within the City or surrounding areas at a particular time.
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 public emergency and exercise emergency powers, including but not
limited to, all of the following:
1.
Directing
emergency response activities by City personnel, including but not
limited to, the Police Department.
2.
Executing
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 or its residents.
3.
Purchasing
or leasing goods and services that the Mayor deems necessary to the
City’s emergency response.
4.
Leasing
or borrowing real property, or structures, or both, that the Mayor
deems necessary for the continued operation of City government.
5.
Promulgating
rules and orders to implement the Mayoral proclamation of public emergency
and furthering the purpose thereof.
6.
Appointing
any commissioned law enforcement officer in this state as a temporary
commissioned officer of this City.
7.
Transferring,
appropriating, or lending among City funds as may be necessary in
the circumstances.
8.
In a
public health emergency:
a.
Declaring
individuals quarantined as provided in Missouri statutes;
b.
Limiting
the number of people who may be permitted to gather in public places;
c.
Limiting
non-critical public services;
d.
Closing
City facilities to the public;
e.
Temporarily
waiving City’s fees and charges for the City’s critical
services; and
f.
Providing
a moratorium on the interruption of City utilities, with the approval
of the Board of Aldermen.
B.
In the
event the Mayor is unavailable, the President of the Board of Aldermen
shall have the authorities listed in this ordinance, followed by the
most senior ranked member of the Board of Aldermen.
In the event of public emergency, the Mayor is authorized to
procure all services, supplies, equipment or materials necessary to
continue the effective operation of emergency response without regard
to procedures or formalities normally prescribed by ordinance. The
Mayor shall, within three months of the conclusion of the public emergency,
formally communicate these emergency expenditures in a full written
accounting to the Board of Aldermen and the public.
Proclamations, rules, and orders issued pursuant to § 21.1020 shall be effective upon issuance and shall remain in effect for a period of up to 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.
The violation of a proclamation of public emergency, a subsequent proclamation exercising emergency powers, or a rule or order issued pursuant to § 21.1020 shall be an ordinance violation. Any person violating the provisions of this ordinance shall be subject to a fine not to exceed $500 per occurrence, or imprisonment for not more than 90 days, or any combination thereof.
