Cross Reference — Power of the mayor to call upon male inhabitants of city during civil disturbances, § 2-109.
[Ord. No. 80-6 § 1, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
There is hereby created within and for the territory of the
City of Lexington an Emergency Management Organization to be known
as the City of Lexington Emergency Management Agency, 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., 1978, and supplements thereto, and the Missouri Emergency
Options Plan adopted thereunder.
[Ord. No. 2018-06, 2-20-2018; Ord. No. 2020-04, 1-28-2020]
The National Incident Management System (NIMS) is hereby adopted
as the City’s system of preparing for and responding to disaster
incidents.
[Ord. No. 80-6 § 2, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
This agency shall consist of a Director and other members appointed
by the Mayor to conform to the State Organization and procedures for
the conduct of emergency operations as outlined in the Missouri Emergency
Operations Plan.
[Ord. No. 80-6 § 3, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
The Organization shall perform emergency management functions
within the territorial limits of the City of Lexington, 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., 1978, and supplements thereto.
[Ord. No. 80-6 § 4, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
A.
The
Director shall be appointed by the Mayor and shall serve during the
pleasure of the City Council.
B.
The
Director shall have direct responsibility for the organization, administration
and operations of local emergency management activities.
C.
The
Director shall be responsible for maintaining records and accounting
for the use and disposal of all items of equipment placed under the
jurisdiction of the Emergency Management Agency.
[Ord. No. 80-6 § 5, 2-6-1980; Ord. No. 93-02 §§ I
— II 4-21-1993]
The Mayor and the Director, in accordance with Chapter 44, RSMo.,
1978 and supplements thereto, may:
1.
Appropriate
and expend funds, make contracts, obtain and distribute equipment,
materials, and supplies for civil defense purposes; provide for the
health and safety of persons, including emergency assistance to victims
of an enemy attack; the safety of property, and direct and coordinate
the development of disaster plans and programs in accordance with
the policies and plans of the Federal and State disaster and emergency
planning.
2.
Appoint,
provide, or remove rescue teams, auxiliary fire and police personnel
and other emergency operations teams, units or personnel who may serve
without compensation.
3.
In
the event of enemy attack, waive the provisions of Statutes requiring
advertisements for bids for the performance of public work or entering
into contracts.
4.
With
the approval of the Governor and consistent with the Missouri Emergency
Operations Plan, enter into mutual-aid agreements with other public
and private agencies within and without the State for reciprocal emergency
aid.
5.
Accept
services, materials, equipment, supplies or funds granted or loaned
by the Federal Government for disaster planning and operations purposes.
[Ord. No. 80-6 § 6, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
No person shall be employed or associated in any capacity in
any organization established under this Act 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
an organization shall, before entering upon his 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 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 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 City of Lexington Emergency Management Agency, 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."
[Ord. No. 80-6 § 7, 2-6-1980; Ord. No. 93-02 §§ I
— II, 4-21-1993]
The Mayor is authorized to designate space in any City owned
or leased building for the City of Lexington Emergency Management
Office.
[Ord. No. 2020-12, 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. 2020-12, 3-24-2020]
When used in this Article, the following words shall have the
definitions set forth below:
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.
A 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.
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.
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. 2020-12, 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 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 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 President of the City Council shall
have the authorities listed in this Section, followed by the City
Administrator, and then followed by the most senior ranked member
of the City Council.
[Ord. No. 2020-12, 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 City Council 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. 2020-12, 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 8-12, 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 City Council.
[Ord. No. 2020-12, 3-24-2020]
Proclamations, rules, and orders issued pursuant to Section 8-12 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 City Council, whichever comes first. This period may be extended by the Mayor only upon approval of the City Council. Upon the expiration of the local state of emergency, those persons acting pursuant to Section 8-12 shall cease to exercise emergency powers.
[Ord. No. 2020-12, 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 8-12, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from Section 8-12 shall be an ordinance violation.
[Ord. No. 2020-12, 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 1-2 of the 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.
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. 2020-12, 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.
