City of Mission, KS
Johnson County
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Table of Contents
Table of Contents

Section 250.010 Title.

[Ord. No. 1108 §1, 1-14-2004]
This Act shall be known as the "Local Emergency Operation Plan" Act.

Section 250.020 Definitions.

[Ord. No. 1108 §1, 1-14-2004]
As used in this Section, unless the context otherwise requires:
CITY
The City of Mission, Kansas.
COUNTY
The Board of County Commissioners of Johnson County, Kansas.
CURFEW
Prohibiting any person or persons from walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises during the hours in which a curfew has been imposed. Exceptions are persons officially designated to duty with reference to a said state of local disaster emergency.
DISASTER
The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, tornadoes, windstorms, hailstorms, electrical storms, drought, snow storms, ice storms, extreme cold periods, earthquakes, blockages of highways, hazardous materials incidents involving fixed facilities and transportation, mass fatality incidents involving fixed facilities and transportation, electrical, natural gas, drinking water, wastewater, refuse disposal, terrorism involving conventional means, chemical, biological or radiological, civil disturbance (riot), nuclear attack or any other major event resulting to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
EMERGENCY OPERATION
The preparation for and the carrying out of all emergency functions which are primarily responsible to prevent, minimize and repair injury and damage resulting from disasters.
LOCAL EMERGENCY OPERATION PLAN
All disaster emergency plans developed and promulgated by the City Mayor or City Administrator and the Emergency Management Director pursuant to K.S.A. 48-929 and the amendments thereto. "Emergency Operation Plan" shall be equivalent to the term of "Emergency Management" as set out under K.S.A. 48-904 et. seq.
RIOT
Characterized by the use of actual force, violence or any threat of use of force, if accompanied by immediate power to execute such force by five (5) or more persons acting together without authority of law.

Section 250.030 Local Emergency Operation Plan Established.

[Ord. No. 1108 §1, 1-14-2004]
There is hereby established in the City of Mission, Kansas, a Local Emergency Operations Plan for the purpose of coordinating the mitigation, preparedness, response and recovery from disasters or emergencies. The Local Emergency Operation Plan, its procedures, rationale, definitions, organization, facets, operation and appendices or annexes are hereby incorporated into this Chapter by reference. The approved Local Emergency Operations Plan shall be on file at the City Clerk's office for public review.

Section 250.040 Emergency Management — Homeland Security Director.

[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator shall appoint an Emergency Management — Homeland Security Director to take charge of the Local Emergency Operations Plan. The Emergency Management Director is hereby delegated sufficient authority to effect coordination and accomplish all actions required incidental to the functions and duties as set out by State law and by the Local Emergency Operations Plan promulgated by this or other City ordinance.

Section 250.050 State of Local Disaster.

[Ord. No. 1108 §1, 1-14-2004]
A state of local disaster emergency may be declared by the City Mayor or City Administrator upon a finding by such officer or their designee, that a disaster has occurred or the threat thereof is imminent within the City. No state of local disaster emergency shall be continued for a period in excess of seven (7) days, or renewed, except with the consent of the City Council of the City of Mission. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be filed promptly with the City Clerk. In the event of the absence of the City Mayor from the City or the incapacity of the Mayor, the order of succession is as follows: The City Administrator, the Mayor Pro Tem and any three (3) members of the City Council. The Emergency Management Director shall also have the authority to declare a state of local disaster emergency and act with the authority of the City Mayor or City Administrator under this Chapter, until properly relieved by a person from the order of succession. In the event of the absence of the City Administrator, the order of succession shall be set out in the League of Kansas Municipalities Handbook, hereby incorporated by reference.

Section 250.060 Assistance Request — Mutual Aid.

[Ord. No. 1108 §1, 1-14-2004]
The Mayor or City Administrator shall have the authority to contact and request the Johnson County Board of Commissioners, the Director of the Johnson County Emergency Preparedness Division, other local or neighboring Cities as well as private business or other agencies to provide assistance to the City of Mission during the course of the emergency or disaster.

Section 250.070 Public Responsibility.

[Ord. No. 1108 §1, 1-14-2004]
Each person within the City of Mission shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the City of Mission and the public successfully to meet disasters. This obligation includes appropriate personal service and use or restriction on the use of property during a declared state of local disaster emergency. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this Section are exceeded in a particular case. Compensation will then only be to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation.

Section 250.080 Use of Property.

[Ord. No. 1108 §1, 1-14-2004]
Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by an official of a City of Mission agency. Any person claiming compensation for the use, damage, loss or destruction of property under this Chapter shall file a claim with the City Clerk. Nothing in this Section applies to or authorizes compensation for the destruction or damage of property caused by the local disaster, or removal of any buildings or structures rendered unsafe or dangerous by the disaster, or any actions by the City of Mission employees necessary to protect the public safety, health and welfare.

Section 250.090 Powers and Immunities of Emergency Personnel.

[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-934 and any amendment thereof, Law Enforcement Officers, City employees, employees of other Cities or Counties or other persons authorized to assist them, while engaged in maintaining or restoring the public peace or safety or in the protection of life or property during a state of local disaster emergency, shall have all powers, duties and immunities of Peace Officers of the State of Kansas in addition to all powers, duties, immunities now otherwise provided by law and shall be immune from civil and criminal liability for acts reasonably done by them in the performance of their duties so long as they act without malice and without the use of excessive or unreasonable force. All such personnel shall have the authority to enforce any and all ordinances of the City of Mission, and for such purpose, all such personnel shall be considered to be authorized officers of the City of Mission.

Section 250.100 Curfew.

[Ord. No. 1108 §1, 1-14-2004]
During the state of local disaster emergency, the City Mayor or City Administrator may order a general or specific curfew applicable to such geographical areas of the City of Mission, or to the City of Mission as a whole, as deemed advisable and applicable during such hours of the day or night as deemed necessary in the interest of the public safety and welfare.

Section 250.110 Powers of City Mayor or City Administrator.

[Ord. No. 1108 §1, 1-14-2004]
A. 
During any state of disaster emergency declared under this Act, the City Mayor or City Administrator shall be commander of all forces available for emergency duty and shall delegate or assign command authority pursuant to the Emergency Operation Plan.
1. 
The Mayor may in the interest of public safety and welfare make any or all of the following orders or actions:
a. 
Order the discontinuance of the sale of beer or liquor by any establishment in the City.
b. 
Order the discontinuance of selling, distributing, transporting or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
c. 
Order that no person shall possess, transport or consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
d. 
Order that no person shall carry or possess any rock, bottle, club, brick, explosive, combustibles or weapon of any type, who uses or intends to use the same unlawfully against the person or property of another.
e. 
Order that no person shall make, carry, possess or use any type of "Molotov Cocktail", gasoline or petroleum-based firebomb or other incendiary device or missile.
f. 
Order a Law Enforcement Officer or City of Mission employee to confiscate any items, including alcoholic beverages, firearms, explosives, weapons and combustibles, which other orders prohibit possession thereof.
g. 
Order suspension of the quorum requirement under K.S.A. 12-3002 and City Ordinance No. 1093, Title I, Chapter 115, Article III, Section 115.220 needed to hold a City Council meeting due to the unavailability or death of any member(s) of the City Council after a good faith effort to find such member(s).
h. 
Issue such other orders as are imminently necessary for the protection of life and property within the City of Mission.
2. 
In addition, the City Mayor or City Administrator may in the interest of public safety and welfare make any or all of the following orders or actions:
a. 
Direct and compel the evacuation of all or part of the population from any area of the City of Mission stricken or threatened by a disaster, if the City Mayor or City Administrator deems this action necessary for the preservation of life or property or other disaster mitigation, response or recovery.
b. 
Prescribe routes, modes of transportation and destinations in connection with such evacuation.
c. 
Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of private and business premise therein.
d. 
Order that no person shall enter any area designated by the City Mayor or City Administrator as a restricted area unless in the performance of official duties or with written permission issued by the City of Mission or that a person shall provide proof of residence in such restricted or controlled area.
e. 
Order the suspension of the confinement time period for animals picked up by the animal control service or City employees in order for the animals that must be destroyed, to be destroyed immediately, if the capacity of the animal shelter is full and said animals shall be destroyed in a humane fashion. Further, to order animals, if found to be roaming in a pack of three (3) or more in the City of Mission, to be destroyed immediately and in any manner based upon the Law Enforcement or Animal Control Officer's discretion.
f. 
Order suspension of any or all provisions of any rule, resolution or ordinance necessary for the immediate and effective response of City of Mission and/or City of Mission employees to the local disaster emergency, including the right to exercise emergency expenditure authority to acquire needed supplies, equipment or funds by any means necessary provided that compensation shall be paid under Section 250.080 herein.
g. 
Transfer the supervision, personnel or functions of the City departments and agencies or units thereof for the purpose of performing or facilitating emergency management activities.
h. 
Commandeer or utilize any private property if the City Mayor or City Administrator find such action necessary to cope with the disaster, subject to any applicable requirements for compensation.
i. 
Issue such other orders as are imminently necessary for the protection of life and property.

Section 250.120 Powers of The City Council.

[Ord. No. 1108 §1, 1-14-2004]
The City Council, by a two-thirds (2/3) majority vote of the remaining and present members, may amend or rescind any order issued by the Mayor or the City Administrator at any time under this Section. The City Council shall also be responsible for establishing the funding for the Emergency Operations Center and additional functions necessary to meet any potential disaster or emergency.

Section 250.130 Dangerous Structures.

[Ord. No. 1108 §1, 1-14-2004]
Where necessary to protect against escaping dangerous gases, explosion, unsafe buildings or structures or other unsafe or dangerous physical conditions, designated City employees, including, but not limited to, Law Enforcement Officers, Public Works Director or City Engineer, may order the evacuation of any part of the City or of any structures in the City. Any area or structure to be evacuated shall be a restricted area, which no person, other than authorized City employees, shall be permitted to enter. The Public Works Director, City Engineer or Code Enforcement Officer shall have the authority to order any unsafe or dangerous structure or building to be taken down or repaired without delay. Such action may be taken without prior notice to or a hearing of the owners, agents, lien holders and occupants pursuant to Ordinance 1093, Title V, Chapter 510, Article I, Sections 510.010 thru 510.120 or other applicable ordinances, Articles or Sections.

Section 250.140 Minor Disaster.

[Ord. No. 1108 §1, 1-14-2004]
In the event that a minor disaster of a localized nature, including major accidents or a major disturbance (riot), has occurred and a state of local disaster emergency is not declared, the City Mayor, City Administrator, Emergency Management Director, Public Works Director or Police Chief acting under the authority of a department head shall have the authority to take reasonable steps whatsoever. These steps include initial response, evacuation or restriction to the designated area necessary to protect the public safety, health and welfare or to protect any individual located within the area of the disaster.

Section 250.150 Emergency Operations Plan.

[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to adopt and promulgate the Local Emergency Operations Plan establishing policies, guidelines and procedures to provide City of Mission employees with information and equipment to function quickly and effectively in disaster situations. Said plan shall include operation of an Emergency Operations Center and any other functions necessary to meet any potential disaster. Said plan shall be approved pursuant to K.S.A. 48-929 and be on file at the City Clerk's office for public review.

Section 250.160 Agreements With Other Johnson County Jurisdictions.

[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to enter into an agreement with any other Johnson County City jurisdiction outside of the corporate City limits of Mission for the purpose of providing or receiving assistance of that City's employees, equipment or funds needed to meet any emergency or disaster in the City of Mission. City jurisdictions assisting the City of Mission with employees, equipment or funding during the state of emergency or local disaster shall be entitled to the same authority and immunity as its own employees under City ordinance or State law.

Section 250.170 Agreements With Johnson County Government.

[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to enter into an agreement with Johnson County Government to provide or receive assistance from Johnson County Board of Commissioners, Johnson County Emergency Management, Johnson County Road and Bridge Department, Johnson County Animal Control or any other Johnson County agency under its authority. This includes employees, equipment or funds needed to meet any disaster in the City of Mission in Johnson County. When Johnson County resources are provided to assist the City of Mission during a state of emergency or local disaster, its employees, equipment or funding shall be entitled to the same authority and immunity as its own employees under City ordinance or State law.

Section 250.180 Agreements With The State of Kansas.

[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-914, the Mayor and/or City Administrator may enter into a contract on behalf of the City of Mission for the lease or loan with the State of Kansas as may deem necessary to promote the public welfare and protect the interests of the City of Mission of any real or personal property of the City of Mission or State of Kansas or under the jurisdiction or control of the City of Mission or State of Kansas, or the temporary transfer or employment of personnel of the State Government. The City Mayor and/or City Administrator is authorized to enter into such contract or lease with the State of Kansas or accept any such loan or employ such personnel and the City of Mission may equip, maintain, utilize and operate any such property and employ necessary personnel therefor in accordance with the purposes of which such contract is executed and do all things and perform any and all acts which he or she may deem necessary to effectuate the purpose for which such contract was entered into under the provisions of this Chapter.

Section 250.190 Acceptance of Support.

[Ord. No. 1108 §1, 1-14-2004]
Whenever the U.S. Federal or State of Kansas Government or any other agency or officer thereof or any person, firm or corporation offers to the City of Mission services, equipment, supplies, materials or funds by way of gift, grant or loan for the purposes of emergency management, the City of Mission acting through the City Mayor or City Administrator may accept such offer and upon acceptance, the City Mayor or City Administrator may authorize any employee of the City of Mission to receive such services, equipment, supplies, materials or funds on behalf of the City of Mission and subject to the terms of the offer and rules and regulations, if any, of the agency making the offer (K.S.A. 48-916).

Section 250.200 Liability.

[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-915 and any amendment thereof, neither the City of Mission, its employees, members of the City Council, employees from other Cities or Johnson County, or other Counties, or volunteers shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer worker or any City of Mission employees engaged in emergency operations activities. The foregoing shall not affect the right of any person to receive benefits or compensation to which they might otherwise be entitled under the Workmen's Compensation Law, any pension law or any act of Congress. Upon a declaration of a local disaster emergency, neither the City of Mission nor, except in cases of willful misconduct, gross negligence or bad faith, the employees, agents of the City of Mission nor any volunteer workers or employees from other Cities or Counties, complying with or reasonably attempting to comply with this act or any proclamation, order, rules, regulations or the Emergency Operations Plan adopted pursuant to the provisions of this Chapter relating to blackout or other precautionary measures enacted by the City of Mission, shall be liable for the death of or injury to persons or for damages to property, as a result of any such activity performed during the existence of such state of local disaster emergency.

Section 250.210 Vacancies — City Government.

[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-1201, et. seq., should any vacancy arise due to the death of or the unexplained absence of any member of the City Council of the City of Mission or in the event that the member is unavailable to exercise the powers and discharge the duties of his/her office during the course of any local disaster or emergency declared by the City Mayor or City Administrator, said vacancy shall be filled through appointment by the Mayor with approval of a majority of the remaining members of the City Council from the following: Ex-member of the City Council, any member of the City Planning Commission, Board of Zoning Appeals or any person the Mayor may deem suitable to fill a vacancy. Said appointment shall last until the member reappears or until the next scheduled election of the City Council.

Section 250.220 Vacancies — Judicial.

[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-1201, et. seq., in the event that the City of Mission Municipal Court Judge is unavailable to exercise the powers and discharge the duties of the Court, the City Mayor and / or City Administrator may appoint any attorney with at least ten (10) years of legal experience, preferably in the Mission Municipal Court, as Judge of the Municipal Court with the approval of the majority of the remaining City Council.

Section 250.230 Emergency Location of Government.

[Ord. No. 1108 §1, 1-14-2004]
A. 
Whenever, due to an emergency resulting from the effects of a local disaster emergency or enemy attack, the City Council may meet within or without the City of Mission on the call of the City Mayor and/or City Administrator or any three (3) members of the City Council and shall proceed to establish and designate by ordinance, resolution or other manner alternate places as the emergency temporary location of the local government where all or any part of the public business may be transacted and conducted during the emergency situation. Such place may be within or without the City of Mission and within the State of Kansas. (K.S.A. 48-1401)
B. 
During the period when the public business is being conducted at the emergency temporary location, the Governing Body shall have and possess and shall exercise all of the executive, legislative and judicial powers and functions conferred upon the Governing Body. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with the time consuming procedures and formalities prescribed by law and pertaining thereto and all acts of such Governing Body shall be as valid and binding as if performed within the City of Mission. (K.S.A. 48-1402)

Section 250.240 Recovery of Expenses.

[Ord. No. 1108 §1, 1-14-2004]
A. 
Any individual, corporation, association, partnership, organization, firm, trustee, legal representative or public or private company whose negligent or willful act or omission causes any hazardous material release, discharge, deposit or spill or threatened release, discharge, deposit or spill requiring abatement, cleanup or other emergency action by the City of Mission or any authorized agent thereof shall be responsible for reimbursement to the City for any and all expenses directly and indirectly incurred during the detection, response and recovery phases of the incident mitigation.
1. 
Recoverable expenses includes, but are not limited to, the disposal of materials and supplies consumed or contaminated, compensation for City employees' time, use, rental, lease or purchase of equipment to specifically respond to the incident, replacement costs for equipment damaged or contaminated beyond repair or reuse, decontamination of equipment, special technical consultation or services including personnel time and fees, laboratory costs, cleanup, storage or disposal of contaminated released material or equipment, equipment and personnel costs for evacuation of persons or property, medical expenses incurred by responding personnel and legal expenses that may be incurred as a result of the emergency response, including any recovery expenses.
2. 
The involved City departments shall submit a written, itemized claim for the total expenses incurred during the emergency action to the City Administrator within thirty (30) days after the date of the completion of the mitigation and cleanup actions. The City Administrator shall submit a written notice and copy of the grand total claim to the responsible person(s) including notice that unless the claim is paid in full within thirty (30) days of delivery, the City shall file a civil action seeking recovery for the stated amount. The City may cause a lien in the amount of the recoverable expenses to be placed on any real property owned, leased, operated or managed by the person causing or responsible for the emergency action. Alternatively, the City may bring a civil action for recovery of the recoverable expenses against any and all persons causing or responsible for the emergency action. Remedies in this Section shall not limit other remedies provided by law.

Section 250.250 Dissemination of Certain Emergency Plan Information — Not Public.

[Ord. No. 1108 §1, 1-14-2004]
Information contained in this Local Emergency Operations Plan that is or may be deemed by either Federal, State, County or City Government to be security sensitive or of a classified nature in its content or context may not be disseminated to the general public or the media. Plan specific operations techniques, application specific emergency operations tactics or information that would tend to give aid or encouragement to a potential adversary may not be released to any member of the public or the media for City or other agency security reasons.

Section 250.260 Violation and Penalties.

[Ord. No. 1108 §1, 1-14-2004]
The violation of any provision of this act or any rule, regulations or plan adopted under this act or any lawful order or proclamation issued under authority of this Chapter whether pursuant to a proclamation declaring a state of local disaster emergency shall constitute an unclassified public offense. The sentence shall be a definite term of confinement that shall not exceed one hundred eighty (180) days or a fine to be at least two hundred fifty dollars ($250.00) and not to exceed one thousand dollars ($1,000.00) or both confinement and fine.