[CC 1970 §6-1; Ord. No. 5207 §1, 12-12-1995]
For purposes of this Chapter, the following words and phrases shall have the meanings set below, unless the context requires otherwise:
- Disasters which may result from terrorism, including bioterrorism, or from fire, wind, flood, earthquake, or other natural or man-made causes.
- Any state of emergency declared by proclamation by the Governor, or by resolution of the legislature pursuant to Sections 44.010 to 44.130, RSMo., upon the actual occurrence of a natural or man-made disaster of major proportions within this State when the safety and welfare of the inhabitants of this State are jeopardized.
- EMERGENCY MANAGEMENT
- Government at all levels performing emergency functions, other than functions for which military forces are primarily responsible.
- Emergency operations center.
- The activities of the Emergency Management Director in the implementation of emergency operations plans during time of emergency.
- Those activities which eliminate or reduce the chance of occurrence or the effects of a disaster.
- Activities of the State and local Emergency Management Agency in the formulation of emergency management plans to be used in time of emergency.
- Those activities designed to return a community's systems to normal or near normal.
- Those activities designed to provide emergency assistance to victims of a disaster and to reduce the likelihood of secondary damage.
- Structural assessment, visual evaluation.
[CC 1970 §6-2; Ord. No. 5207 §1, 12-12-1995]
The City Manager shall have general overall control of the City's emergency management program and shall be responsible for causing the provisions of this Chapter to be carried out in a timely and effective fashion. To that end, the City Manager shall appoint either the Police Chief or Fire Chief as the Emergency Management Director for the City of Clayton. In addition to his/her regular duties, said Emergency Management Director shall direct and coordinate all civil defense and emergency management activities of the City. The Emergency Management Director shall report directly to the City Manager and serve an indeterminate length of time.
[CC 1970 §6-3; Ord. No. 5207 §1, 12-12-1995]
The Emergency Management Director shall perform a variety of duties in conjunction with his/her responsibility to provide an adequate emergency management program for the City. These shall relate to the mitigation, preparedness, response and recovery phases of comprehensive emergency management with specific functions and tasks delineated as follows:
To review the existing legal authority to accomplish and effectuate the duties of the position of Emergency Management Director and, should inadequate authority be found to exist, to make such recommendations as to the type of ordinance provisions or Charter amendments which would supply the legal authority to act.
To conduct hazard identification and vulnerability analyses with regard to those threats which pose the greatest danger to the City and to develop specific response plans toward mitigating their potential effects.
To consult with City Officials and other department heads with regard to the development and adoption of building codes and inspection procedures for new construction, which will enhance the survivability of such structures in the event of an earthquake or similar type disaster.
To make a study of the available emergency management resources of the City and the extent to which they should be supplemented. Recommendations shall be tendered to the City Manager and will include a written estimate of the costs associated with the adoption of such proposals. All non-emergency budgetary requests and/or estimates shall be made in accordance with existing policies and procedures.
To make a study of the available corporate, civic and private resources within the community which may be called into service by the City during a disaster situation. Pre-disaster assistance agreements will be obtained as feasible and are to be entered into a resource log which shall be periodically reviewed and updated.
To prepare a City-wide emergency management plan which shall serve as the basis for the City's response to an emergency event. The plan will subsequently be submitted to the City Manager for his/her review and upon his/her approval thereof, a copy of the emergency management plan shall be distributed to all City departments and elected officials.
To institute and conduct periodic emergency preparedness training programs for City employees, to include semi-annual emergency management training exercises for various elected officials, department heads and other selected emergency service workers.
To institute and conduct periodic public information and public relations programs pertaining to emergency preparedness.
To procure and store necessary emergency supplies and equipment in the various City facilities and to inventory and update the cached supplies on a periodic basis.
To direct and coordinate all the components of the emergency management system within the City to include fire and Police, emergency medical service, public works, volunteers and other groups contributing to the management of an emergency.
To establish and safeguard a system of communications between the various City departments and outside civilian and governmental agencies as soon after a disaster as practicable. The system shall include a method or route to provide a stable flow of current and/or updated information to the Mayor and the Board of Aldermen for subsequent dissemination to the public.
To enter into those mutual-aid agreements as are deemed necessary and practical and to cooperate with the civil defense and emergency management agencies of the United States, the State of Missouri and other local political subdivisions and organizations, as appropriate.
To assess the damages inflicted by a disaster and forward such information to the Mayor and Board of Aldermen in a timely manner, preparatory to a mayoral declaration of a state of emergency.
To establish an emergency operations center, a public information center, temporary living shelters, treatment centers, staging areas, a temporary morgue and any other support facilities that are deemed necessary to the efficient and effective functioning of the response and recovery phases of the City's emergency management program.
To identify methods by which alternate supplies of electricity, water, telephone and other essential utility services can be secured in the event of a major disruption.
To document in a permanent written record the decisions and actions of the EOC staff as they pertain to the handling of a disaster situation. Included in such record shall be a detailed itemization of personnel and equipment expenses, along with any physical damages the City may have incurred to its facilities and infrastructure. To facilitate compliance with Federal reporting requirements, said damage assessment shall address each of the following categories:
Category A: Debris clearance or the removal of damaged structures or objects from public roads or streets, public property, private property.
Category B: Protective measures which are taken to protect life, safety, property and health. This shall include evacuations, traffic control and the use of barricades.
Category C: Road systems or the degree to which roads, streets, bridges and culverts are damaged or destroyed.
Category D: Water control facilities or the extent to which dikes, levees, dams and other water facilities are damaged or destroyed.
Category E: Public buildings and equipment which will include the number and cost of buildings, supplies and/or inventory, vehicles or other equipment that were damaged or destroyed.
Category F: Public utility systems within the political jurisdiction that sustain damage, to include water and sewer systems, storm drains, light and power, heat and other utilities.
Category G: Public facilities under construction.
Category H: Private non-profit facilities such as educational, emergency, medical and custodial facilities which may have sustained damage. However, this shall not include places used exclusively for worship.
Category I: Parks, recreational and other facilities that are damaged or destroyed, to include parks, sports complexes and fields, community centers, etc.
Category J: Political jurisdiction financial effort, which shall include overtime costs, mileage expenses, operational expenses, etc.
The completed document shall then be utilized as the basis for any subsequent claim(s) submitted to the Federal Emergency Management Agency requesting reimbursement.
To ensure that all emergency tasks are carried out within the legal authority provided by this Chapter.
To address any additional matters which are deemed necessary for the formulation of an adequate emergency management program for the City.
[CC 1970 §6-4; Ord. No. 5207 §1, 12-12-1995]
As the chief elected official of the City, the Mayor shall, in the event of a technological or natural disaster, be responsible for the issuance of a declaration of a state of emergency. Once such a declaration is made, it shall then confer certain discretionary emergency powers to the Emergency Management Director to be employed as prudence and circumstances require.
Should the Mayor be incapacitated or be otherwise unavailable, the Mayor Pro Tem or a simple majority of the Board of Aldermen, may declare a state of emergency.
[CC 1970 §6-5; Ord. No. 5207 §1, 12-12-1995]
In the event of a natural or manmade disaster, wherein the City or a portion of the City is severely affected, the Emergency Management Director shall, upon the issuance of an official declaration of a state of emergency by the Mayor or other elected authority, have the authority to initiate certain emergency actions in the interests of public safety:
Immediately following the declaration of a state of emergency, the Emergency Management Director may, contingent upon existing circumstances, institute the following emergency procedures:
Suspend routine governmental services for either the duration of an emergency or until the situation has stabilized to the point that resources may be safely diverted toward the resumption of normal services.
Proclaim a general curfew in the affected areas, where all persons, excluding emergency service workers, registered volunteers or those individuals with official sanction, shall be prohibited from entering or transiting designated restricted areas either by foot, bicycle or motor vehicle.
Extend the acceptable ceiling for fixed-wing and rotary aircraft flight to a minimum of two thousand (2,000) feet from the current ceiling of five hundred (500) feet. However, this Section shall not apply to those medical or supply flights arriving or departing along prearranged flight paths from established emergency treatment and/or staging areas.
Suspend the sale of intoxicating liquor by the package at all retail, wholesale and manufacturing outlets within the City. In addition, while the sale of intoxicating liquor by the drink will generally be permitted at licensed establishments, such sale shall be terminated at 8:00 P.M. of each calendar day.
Organize civilian volunteers into supplemental labor battalions and provide such workers with the necessary supervision, protective equipment, tools and provisions necessary to do the job.
Enter into contracts with private vendors, contractors or merchants to procure emergency supplies, equipment or services without regard to the requisite bid process.
Order and conduct such evacuations as are consistent with the safety and welfare of the general public.
Commandeer vehicles, equipment, fuel, supplies, buildings or parcels of real property deemed necessary to the prompt and efficient functioning of the City's emergency management and civil defense apparatus.
When any property is seized, taken or requisitioned under this Section, the Board of Aldermen will, on the application of the owner thereof, assess any damages which the owners may have sustained by reason of the appropriation and determine the amount and form of compensation due the owner.
Deputize SAVE (structural assessment, visual evaluation) volunteers as deputy Building Inspectors and provide such volunteers with a full and timely reimbursement of their expenses, to include travel, meals, lodging and such other miscellaneous expenses as may be incurred.
Establish and coordinate a building inspection program where damaged structures are evaluated for continued occupancy and/or use. This will include barring residents, owners or managers, tenants or employees thereof from entering those structures which are deemed too dangerous to enter.
Essential facilities or those identified as critical to the emergency response effort shall be given first (1st) priority in the evaluation process.
Structures which are noted to be severely damaged to the point that they constitute a detriment to the health, safety and welfare of people shall be declared a nuisance and handled in a manner deemed necessary for public safety irrespective of the provisions of the Property Maintenance Code, Section 500.040 of the City's Code of Ordinances.
Approve excavation, demolition or other related construction type activities irrespective of existing limitations established in Section 215.765(3) of the City's Code of Ordinances.
Waive vehicle size and weight restrictions in accordance with the authority granted in Section 360.240 of the City's Code of Ordinances.
Coordinate local response and relief efforts with the Federal Emergency Management Agency, the office of the Governor of Missouri, the State Emergency Management Agency, the Missouri National Guard, St. Louis County, the Red Cross, local jurisdictions and such other private or governmental agencies as may be applicable.
Perform such other measures as are necessary to promote and secure the safety and protection of the civilian population.
Whereas the enactment of all of the provisions set forth in Subsection (1) above may not be required in certain situations, the Emergency Management Director shall have full discretion to initiate those provisions which are most applicable to the circumstances surrounding a given emergency situation.
The provisions of Subsection (1) of this Section shall not generally exceed seven (7) calendar days in duration but may, with the express approval of the Mayor and Board of Aldermen, be extended as circumstances require.
Once the emergency decrees have been put into effect, any person who shall be found guilty of a violation of the provisions set forth in paragraphs (b—d) and (g) of Subsection (1) above shall be deemed guilty of a misdemeanor.
The state of emergency shall terminate upon proclamation by the Mayor or resolution by the Board of Aldermen.
[CC 1970 §6-6; Ord. No. 5207 §1, 12-12-1995]
The Emergency Management Director shall have the authority to appoint a Deputy Emergency Management Director from within the top command rank of either the Police or Fire Departments and to utilize other subordinate personnel to perform specific assignments as required. In addition to his/her routine duties, the Deputy Emergency Management Director shall be responsible to provide assistance in fulfilling the emergency preparedness duties and obligations tasked to his/her superior and shall serve as the Emergency Management Director in the event that the former becomes incapacitated or is otherwise unavailable. Recommendations for such an appointment will be submitted to the City Manager for approval prior to the nominee assuming the position.
[CC 1970 §6-7; Ord. No. 5207 §1, 12-12-1995]
Under the authority set forth in Section 70.783, RSMo., the Clayton Police, Fire and Public Works Departments are authorized to respond and provide assistance as requested in any mutual aid or emergency aid request in the State of Missouri or any bordering State having reciprocal legislation.
[CC 1970 §6-8; Ord. No. 5207 §1, 12-12-1995]
In the event of a technological or natural disaster, the Emergency Management Director shall have full authority to expend those funds which are necessary to meet the demands of the situation in accordance with the interests of both the City and public safety.
The Emergency Management Director shall follow all purchasing requirements established by the City and shall maintain the appropriate records covering such expenditures, except as outlined in Section 230.050(1)(f) of this Chapter.
[CC 1970 §6-9; Ord. No. 5344 §1, 6-24-1997]
Neither the City, its elected or appointed officials, nor any officer or member of the City's emergency management staff 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 activities. Neither shall the City or any official or employee thereof be liable for the death or injury of any persons or damage to property resulting from emergency management activities, except as provided for by Section 230.050(1)(h) of this Chapter.
[CC 1970 §6-10; Ord. No. 5344 §1, 6-24-1997]
In the event the Federal Government, the State or any individual person, firm, corporation, group or private agency offers services, equipment, supplies, materials or funds to the City by way of donation, gift or loan for purposes of emergency management, the Emergency Management Director may accept such offer, contingent upon the terms of the donation, gift or loan and any associated rules and regulations, if any, governing its use. Should the terms be found to be acceptable, the Emergency Management Director shall direct the appropriate City department to take receipt of the goods or services offered.