Editor's Note: Ord. No. 3362, adopted 2-21-2023, repealed former
Ch. 245, Civil Defense. Prior history includes Ord. No. 816 and CC
1976, § 9-1 through § 9-14.
[Ord. No. 3362, 2-21-2023]
This Chapter may be referred to as the "City of Pacific Emergency
Management Code."
[Ord. No. 3362, 2-21-2023]
As used in this Chapter, the following terms shall have the
meanings indicated:
The preparation for and the carrying out of all emergency
functions other than functions for which military forces are primarily
responsible or those carried out by the American Red Cross and the
Salvation Army and other organizations dealing with natural disasters,
to minimize and repair injury and damage resulting from disaster caused
by enemy attack, sabotage or other hostile action, or from fire, flood,
earthquake or other natural causes. These functions include, without
limitation, fire-fighting services, police services, medical, hospital
and health services, rescue, engineering, air raid warning services,
communications, radiological, chemical and other special weapons of
defense, evacuation of persons from stricken areas, emergency transportation,
temporary restoration of public utility services and other functions
relating to civilian protection, together with all other activities
necessary or incidental to the preparation for and carrying out of
the foregoing functions.
[Ord. No. 3362, 2-21-2023]
Pursuant to Chapter 44, RSMo., there is hereby established,
under the authority of the Mayor, the Emergency Management Agency
for the City of Pacific, to carry out the functions of emergency management,
as defined in this Chapter. This organization may also be known as
"Pacific EMA."
[Ord. No. 3362, 2-21-2023]
The position of Emergency Management Director shall be established
by ordinance and shall be referenced and incorporated herein.
[Ord. No. 3362, 2-21-2023]
The Chief of Police may appoint one (1) or more Deputy Directors
of Emergency Management as may be authorized by ordinance.
[Ord. No. 3362, 2-21-2023]
The City of Pacific recognizes and accepts Section 44.090, RSMo.,
Mutual-aid agreements — participation in statewide
mutual aid system — Reimbursement for services provided.
As deemed appropriate in the planning and implementation of emergency
management duties, the Emergency Management Director is authorized
to sponsor and develop to the fullest extent possible mutual aid plans
for disasters and agreements between the City of Pacific and municipalities
and political subdivisions, and shall at all times and to the fullest
extent, coordinate the emergency management plans of the City of Pacific
with the other municipalities and political subdivisions in the St.
Louis Metropolitan Statistical Area (STL MSA). The mutual aid arrangement
may include the furnishing or exchange of food, clothing, medical
and other supplies; emergency housing; police services; health, medical
and related services; fire-fighting, rescue, transportation and construction
services; and such other services and arrangements as are necessary
or advisable, in order to coordinate the various plans of emergency
management between various municipalities and political subdivisions
and to fully provide for mutual aid and assistance in the event of
disaster.
[Ord. No. 3362, 2-21-2023]
A.
Section 44.100, RSMo., authorizes the Governor, or the Legislature
by resolution to declare a state of emergency as further provided
therein. In the event of such emergencies, the Mayor, City Administrator,
Chief or Police or Emergency Management Director, in alignment with
Chapter 44.080, RSMo., may:
1.
Waive any requirements of statute or ordinance pertaining to
the advertisement for bids for the performance of public work or entering
into contracts. In exercising his powers, he/she shall be guided by
regulations and orders issued by the Federal Government and the Governor
of Missouri relating to civil defense and shall take no action contrary
to orders issued by the Governor under similar emergency powers;
2.
Expend funds, make contracts, obtain and distribute equipment,
materials and supplies for emergency management purposes, provide
for the health and safety of persons, including emergency evacuation
and assistance to victims of an emergency, disaster or enemy attack,
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 Governments;
3.
Appoint, provide or remove rescue teams, auxiliary fire and
police, public works and other emergency operations teams, units or
personnel who may serve without compensation;
4.
With the approval of the Governor, enter into mutual aid agreements
with other public or private agencies or organizations within and
without the State for reciprocal emergency aid.
[Ord. No. 3362, 2-21-2023]
Neither City of Pacific, the Mayor, the City Administrator,
the Chief of Police, nor any officer or member of the Emergency Management
Agency shall be liable for personal injury or property damage sustained
by any person appointed or acting as a volunteer worker or member
of any agency engaged in emergency management security. Neither shall
the City or any such officer or member be liable for the death or
injury of any persons, or damage to property resulting from such emergency
management activities.
[Ord. No. 3362, 2-21-2023]
Whenever the Federal Government or the State of Missouri, or
any person, firm or corporation offers to the City of Pacific any
services equipment, supplies, materials or funds by way of gift, grant
or loan, for purposes of emergency management, the Mayor may accept
such offer and may authorize the Pacific Police Department to receive
same, subject to the terms of the offer and the rules and regulations,
if any, of the agency making the offer.
[Ord. No. 3362, 2-21-2023]
The law enforcement authorities of the City of Pacific shall
enforce all orders, rules and regulations issued by the Mayor or in
his/her absence by the Chief of Police or, in his/her absence, the
Assistant Chief of Police during a declared state of emergency in
the City of Pacific and in addition enforce the rules and regulations
issued pursuant to this Chapter.
[Ord. No. 3362, 2-21-2023]
No person shall be employed or associated in any capacity with
the Pacific Emergency Management Agency 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
the Pacific EMA shall, before entering upon his/her duties, take an
oath, in writing, before a person authorized to administer oaths in
this State.
[Ord. No. 3362, 2-21-2023]
The Mayor, or the Board of Aldermen, is authorized to designate
space in any municipality owned or leased space and facilities for
the Pacific Emergency Management Agency as its office.
[Ord. No. 3362, 2-21-2023]
There is hereby established the City of Pacific Local Emergency
Planning Committee, which shall be composed of the Pacific EMD ex
officio and additional members appointed by the Mayor and approved
by the Board of Aldermen. Recommendations for membership may be submitted
by the EMD, the heads of emergency agencies serving the City of Pacific,
e.g., police, fire, EMS, and the City Administrator. Membership may
include representatives from elected State, County and local officials;
law enforcement, emergency management, fire-fighting, first aid, health,
local environmental, hospital, and transportation personnel; broadcast
and print media; community groups; and owners and operators of facilities
subject to the requirement of the Emergency Planning and Community
Right-To-Know Act of 1986, 42 U.S.C. § 11001 et seq. The
Pacific EMD shall serve as Chairman of the Committee. A member's
term is four (4) years, but may be reappointed for one (1) additional
four (4) year term. If a member is no longer able to complete his/her
term, the Chief of Police shall select a replacement to complete the
remaining portion of the departing member's term. Members shall
serve without compensation but shall be reimbursed for necessary,
authorized travel and other expenses incurred in the performance of
their duties.
