[Ord. No. 405, 4-2-2020[1]]
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.
[1]
Editor's Note: This ordinance also repealed former Ch.
225, Emergency Management, as amended by Ord. No. 541 § 4(1
— 3), § 5(4 — 5), § 7, 1-14-1980.
[Ord. No. 405, 4-2-2020]
When used in this Chapter, the following words shall have the
definitions set forth below:
Includes, 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.
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 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. 405, 4-2-2020]
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, 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 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 Public Works Authority and
upon the following findings:
a.
Severe weather events (other natural or man-made disasters)
are occurring or have 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 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. 405, 4-2-2020]
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. 405, 4-2-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 225.030, 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. 405, 4-2-2020]
Proclamations, rules, and orders issued pursuant to Section 225.030 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 225.030 shall cease to exercise emergency powers.
[Ord. No. 405, 4-2-2020]
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 225.030, or the violation of any order or directive given by a Peace Officer or designated emergency services personnel pursuant to authority resulting from Section 225.030 shall be an ordinance violation.
[Ord. No. 405, 4-2-2020]
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 1-2 of the Code of the City, 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 nonfresh water 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 duties imposed by law diligently enforce the
provisions of this Chapter.
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 Chapter 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 Chapter.
3.
Penalties. Any person violating the provisions of this Chapter
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. 405, 4-2-2020]
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:
