[Ord. No. 31.009, passed 4-8-2020]
This chapter 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.
[Ord. No. 31.009, passed 4-8-2020]
When used in this chapter, the following words shall have the
definitions set forth below:
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 sudden event, such as an accident or natural catastrophe,
that causes extensive property 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.
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 of emergency powers is necessary
to save lives or to protect public health and safety.
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, and 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.
[Ord. No. 31.009, passed 4-8-2020]
(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 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 noncritical
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 chapter, followed
by the most senior-ranked member of the Board of Aldermen.
[Ord. No. 31.009, passed 4-8-2020]
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.
[Ord. No. 31.009, passed 4-8-2020]
Proclamations, rules, and orders issued pursuant to § 37-03 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.
[Ord. No. 31.009, passed 4-8-2020]
The violation of a proclamation of public emergency, a subsequent proclamation exercising emergency powers, or a rule or order issued pursuant to § 37-03, shall be an ordinance violation. Any person violating the provisions of this chapter shall be subject to a fine not to exceed $500 per occurrence, or imprisonment for not more than 90 days, or any combination thereof.
