[Ord. No. 09-01-2020, 9-28-2020[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 of powers
as permitted by statutory and constitutional authority.
[Ord. No. 09-01-2020, 9-28-2020]
When used in this Chapter, 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 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.
The separation of people known or suspected (via signs, symptoms,
or laboratory criteria) to be infected with a contagious disease from
those who are not sick to prevent them from transmitting the disease
to others.
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.
The compulsory separation, including restriction of movement,
of people who potentially have been exposed to a contagious disease,
until it can be determined whether they have become sick or no longer
pose a risk to others.
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. 09-01-2020, 9-28-2020]
There is hereby created the City of Lawson, Missouri, Emergency
Management Organization, which is responsible for the preparation
and implementation of emergency functions required to prevent and
minimize injury and 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 the military forces are
primarily responsible) in accordance with the State Emergency Operations
Plan and Program. The Mayor shall appoint a coordinator who shall
have direct responsibility for the organization, administration, and
operation of the local emergency management operations, subject to
the direction and control of the Mayor or Board of Aldermen. The organization
for emergency management shall be responsible for the performance
of emergency management functions within the territorial limits of
the City and may conduct these functions outside of the territorial
limits as may be required pursuant to the provisions of State law.
[Ord. No. 09-01-2020, 9-28-2020]
This organization shall consist of a Coordinator and other additional
members to be selected by the Coordinator in order to conform to the
State organization and procedures for the conduct of emergency operations
as outlined in the Emergency Operations Plan.
[Ord. No. 09-01-2020, 9-28-2020]
The City Organization shall perform emergency preparedness functions
in cooperation with the County of Ray and Clay and shall conduct these
functions in accordance with the provisions of the City. Financial
assistance for the City/County organization will be agreed to by the
Board and County Court.
[Ord. No. 09-01-2020, 9-28-2020]
A.
The
Coordinator of the City Organization will be appointed by the Mayor
and shall serve at the pleasure of the Mayor.
B.
The
Coordinator shall have direct responsibility for the organization,
administration, and operations of local emergency planning, subject
to the direction and control of the Mayor and Board of Aldermen, as
provided by Statute.
C.
The
Coordinator is authorized to select and obtain Federal Government
Surplus Property through the State Disaster Planning and Operations
Office, and State Department of Education. The Coordinator shall obtain
the necessary approval to obligate the City for the handling charge
imposed by the Department of Education State Agency for Surplus Property.
The Coordinator may delegate authority to obtain Surplus Property
at the State Agency for Surplus Property Warehouse with the approval
of the Mayor and Board of Aldermen.
D.
The
Coordinator shall be responsible for maintaining records on use and
disposal of all items of equipment placed under the jurisdiction of
the Emergency Preparedness Office.
E.
The
Coordinator is authorized to submit all materials and sign all documents
requested by the State Disaster Planning and Operations Office, to
qualify the City for participation in Federal contributions for Personnel
and Administrative Expense Program under P.L. 85-606.
[Ord. No. 09-01-2020, 9-28-2020]
Only in the event of an emergency as defined herein and during
such emergency, is the Coordinator of Emergency Preparedness authorized
on behalf of the City, to procure such services, supplies, equipment,
or material without regard to the statutory procedures or formalities
normally prescribed by law; provided that, if the Board of Aldermen
meets at such time, the Coordinator shall act subject to the directions
and restrictions imposed by that body.
[Ord. No. 09-01-2020, 9-28-2020]
The organization for emergency management shall not participate
in any form of political activity, nor shall it be used directly or
indirectly for political purposes.
[Ord. No. 09-01-2020, 9-28-2020]
The Board of Aldermen is authorized to designate space in any
City-owned or leased building for the Emergency Preparedness Organization
as its office.
[Ord. No. 09-01-2020, 9-28-2020]
The Emergency Operations Plan is kept on file in the office
of City Clerk.
[Ord. No. 09-01-2020, 9-28-2020]
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 or its residents.
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, equipment, or structures,
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 power to temporarily reassign or change the job duties of any
employee of the City during the period of the emergency or during
the recovery period.
8.
The Mayor shall be authorized to appoint any commissioned Law Enforcement
Officer in this State as a temporarily commissioned officer of this
City.
9.
The power to transfer, appropriate, or lend between funds as may
be necessary in the circumstances.
10.
The power to suspend the issuance or revocation of business licenses,
to suspend the disconnection of utilities, to order the reconnection
of utilities, or to suspend any ordinance that the Mayor deems necessary
for the protection of the public or property.
11.
The power to restrict travel into or out of the City or a part of
the City, and to close or restrict any road controlled by the City.
12.
The power to convene meetings of the Board of Aldermen and to convene
such meetings electronically when done in compliance with Chapter
610, RSMo.
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 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 President of the Board of
Aldermen shall have the authorities listed in this Chapter, followed
by the City Administrator, and then followed by the most senior ranked
member of the Board of Aldermen.
[Ord. No. 09-01-2020, 9-28-2020]
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. 09-01-2020, 9-28-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 205.090(A), 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. 09-01-2020, 9-28-2020]
Proclamations, rules, and orders issued pursuant to this Chapter
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
too such proclamations, rules, and orders shall cease to exercise
emergency powers.
[Ord. No. 09-01-2020, 9-28-2020]
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 205.090(A), or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from shall be an ordinance violation.
[Ord. No. 09-01-2020, 9-28-2020]
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 The 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 municipal utility, water company, or a private well.
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 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 sources of water (such as greywater)
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 Section.
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. 09-01-2020, 9-28-2020]
A.
If
the basis for declaring an emergency is due to a public health crisis,
including, but not limited to, a pandemic or epidemic, 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 or places of business deemed to be non-essential.
5.
To order all persons to stay at home and to provide exceptions to
such a rule.
6.
To enforce isolation orders issued by the County or State Health
Department.
[Ord. No. 09-01-2020, 9-28-2020]
The proclamations and rules issued by the Mayor pursuant to
this Chapter shall, while in effect, have the force of law and shall
be punishable as an ordinance violation. The expiration or repeal
of the rule or proclamation shall not have the effect of making such
charge moot during a subsequent prosecution unless such is specifically
set out in the notice of repeal.
