Article I Generally
Article II Civil Emergencies — Curfew
There is hereby created within and for the City of Excelsior Springs an emergency management organization to be known as the Excelsior Springs Emergency Management Organization, 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., and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director and other members appointed by the Excelsior Springs Emergency Management Organization to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
The organization shall perform emergency management functions within the City of Excelsior Springs 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., and supplements thereto.
The Director will be appointed by the Mayor and shall serve at the pleasure of the Mayor and City Council.
The Director shall have direct responsibility for the organization, administration and operations of local emergency management operations, subject to the direction and control of the Mayor or City Council.
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 Excelsior Springs Emergency Management Organization.
The City of Excelsior Springs in accordance with Chapter 44, RSMo., may:
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons, 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 Governments; and
Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units or personnel who may serve without compensation.
The Mayor or Public Safety Agency may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid as authorized in Section 44.090, RSMo.
The Mayor or Mayor Pro Tem of the City may, with the consent of the Governor, accept services, materials, equipment, supplies or funds gifted, granted or loaned by the Federal Government or an officer or agency thereof for emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in the Excelsior Springs Emergency Management Organization 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 Excelsior Springs Emergency Management Organization shall, before entering upon his/her 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 (or affirm) 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 (or affirm) 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 Excelsior Springs Emergency Management Organization, 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."
The Mayor is authorized to designate space in any City-owned or leased building for the Excelsior Springs Emergency Management Organization.
[R.O. 2012 §230.790; CC 1973 §24-107]
As used in this Article, the following terms shall have these prescribed meanings:
- CIVIL EMERGENCY
- 1. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority by law.
- 2. Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
- A prohibition against any person or persons walking, running, loitering, standing, or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City, excepting persons officially designated to duty with references to said civil emergency.
[R.O. 2012 §230.800; Ord. No. 1518 §3, 5-28-1912; CC 1973 §24-108]
When in the judgment of the Mayor or Mayor Pro Tem, a civil emergency is deemed to exist within the City, the Mayor or Mayor Pro Tem shall forthwith proclaim in writing the existence of same.
[R.O. 2012 §230.810; Ord. No. 1518 §3, 5-28-1912; CC 1973 §24-109]
After the proclamation of a civil emergency by the Mayor or Mayor Pro Tem, the Mayor or Mayor Pro Tem may order a general curfew applicable to such geographical areas of the City, or to the City as a whole, as the Mayor or Mayor Pro Tem deems advisable, and applicable during such hours of the day or night as the Mayor or Mayor Pro Tem deems necessary in the interest of the public safety and welfare.
[R.O. 2012 §230.820; CC 1973 §24-110]
After the proclamation of a civil emergency, the Mayor or Mayor Pro Tem may also in the interest of public safety and welfare make any or all of the following orders:
Order the closing of all retail liquor stores.
Order the closing of all beer taverns.
Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted.
Order the discontinuance of the sale of beer.
Order the discontinuance of selling, distributing 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.
Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition.
Issue such other orders as are imminently necessary for the protection of life and property.