City of Republic, MO
Greene County
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Table of Contents
Table of Contents
Cross Reference — As to emergency notification system impact fees, §500.060.
There is hereby created within and for the City of Republic an 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 Coordinator and other members appointed by the City Administrator 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 Republic, 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 Coordinator will be appointed/removed by the City Administrator in accordance with the approved personnel policy procedures.
The Coordinator shall have direct responsibility for the organization, administration and operations of local emergency management operations, subject to the direction and control of the City Administrator.
The Coordinator shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the organization.
The City Administrator of the City of Republic 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.
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 of the City, with the approval of the Governor and consistent with the Missouri Emergency Operations Plan and the provisions of Section 70.837, RSMo., and Section 320.090, RSMo., may enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid. The Coordinator may assist in the negotiation of such reciprocal mutual-aid agreements.
The Mayor 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 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 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 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 City Administrator is authorized to designate space in any City-owned or leased building for the organization.
[Ord. No. 12-57 §1, 10-22-2012) ]
This Article is enacted to set out and clarify the authority of the City and its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad a power as permitted by statutory and constitutional authority. Any conflict between this Article and Federal or State laws including, but not limited to, the National Response Plan should be interpreted so as to harmonize the ordinance with Federal or State law or plan regarding disaster response. (Ord. No. 12-57 §1, 10-22-12)
[Ord. No. 12-57 §1, 10-22-2012]
When used in this Chapter, the following words shall have the definitions set forth below:
A disaster, whether natural or man-made, 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, pandemic disease, epidemic, riot, blight, drought, civil emergency, utility emergency, severe energy shortages, snow, ice, windstorm, hazardous substance spills or releases, chemical spills or releases, petroleum spills or releases, biological matter spills or releases, radiation releases or exposures, infestation, explosions, sabotage, mass transportation accidents or public health emergencies. This definition should not be applied rigidly to exclude situations not enumerated.
The imminent threat or occurrence of a disaster, civil emergency or utility emergency affecting the City and its residents and inhabitants where the Mayor determines that the exercise or discharge of emergency or disaster powers is necessary to save lives, protect property, protect the public health and safety, or to lessen or to avert the threat of a catastrophe or calamity within the City.
"Civil emergency", as used in this Section, shall include, but not be limited to, any condition of unrest, riot, civil disobedience, affray, unlawful assembly, hostile or military or paramilitary action, war, terrorism, or sabotage, epidemic or any event which results in mass casualties which may be beyond normal capacity.
"Utility emergency", as used in this Section, shall include, but not be limited to, conditions which endanger or threaten to endanger the safety, potability, availability, transmission, distribution, treatment, or storage of water, natural gas, gas, fuel, electricity, communication, garbage, or sewage.
[Ord. No. 12-57 §1, 10-22-2012]
Notwithstanding any provision of this Code to the contrary, 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 emergency, govern the City by proclamation, and exercise all emergency powers, including, but not limited to, all of the following:
The power to direct emergency response activities by City departments including, but not limited to, the Police and Fire Departments, and by such emergency services personnel as the Mayor may designate or appoint.
The power to execute 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.
The power to purchase or lease goods and services that the Mayor deems necessary to the City's emergency response or for the repair of City facilities, or both, and to acquire and distribute, with or without compensation, of supplies, materials, and facilities.
The power to lease or lend real property, or structures, or both, that the Mayor deems necessary for the continued operation of City Government.
The power to promulgate rules and orders to implement and clarify the Mayoral proclamation exercising emergency power.
The power to delegate any or all of these duties and to provide for sub-delegation.
The Mayor shall be authorized to appoint any commissioned Law Enforcement Officer in this State as a temporarily commissioned officer of this City.
The power to transfer, appropriate, or lend between funds as may be necessary in the circumstances.
In the event the Mayor is unavailable, the Mayor Pro Tem of the City Council shall have the authorities listed in this Section, followed by the City Administrator, and then followed by the most senior ranked member of the City Council.
[Ord. No. 12-57 §1, 10-22-2012) ]
In the event of an emergency, the Mayor is authorized to procure all services, supplies, equipment or materials necessary to continue the effective operation of the emergency preparedness plan without regard to normal statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations; provided that if the City Council is meeting at the time, the Mayor shall act pursuant to the orders and directions imposed by that body. In the event of an emergency, the Mayor, by proclamation, may waive any time-consuming formalities or procedures required by Statute or by the provisions of this Code or other ordinances pertaining to the advertisement of bids for the execution of contracts and for the performance of public work contracts. (Ord. No. 12-57 §1, 10-22-12)
[Ord. No. 12-57 §1, 10-22-2012) ]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 230.120, may authorize the City Administrator or the City Administrator's designees to procure by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the City Administrator within thirty (30) days after their procurement, and shall be open to public inspection for a period that meets the requirements of the Secretary of State's Retention Manual. The City Administrator shall, within three (3) months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the City Council. (Ord. No. 12-57 §1, 10-22-12)
[Ord. No. 12-57 §1, 10-22-2012) ]
Proclamations, rules, and orders issued pursuant to Section 230.120 shall be effective upon issuance and shall remain in effect for a period of up to thirty (30) days or until terminated by the Mayor or Council, whichever comes first. This period may be extended by the Mayor only upon approval of the City Council. Upon the expiration of the local state of emergency, those persons acting pursuant to Section 230.120 shall cease to exercise emergency powers. The Mayor or Council shall consult with the incident commander prior to terminating the state of emergency. (Ord. No. 12-57 §1, 10-22-12)
[Ord. No. 12-57 §1, 10-22-2012) ]
The violation of a proclamation of emergency, a subsequent proclamation exercising emergency powers, a rule, or order, which proclamation, rule or order is issued pursuant to Section 230.120, or the violation of any order or directive given by a Peace Officer or designated emergency services personnel pursuant to authority resulting from Section 230.120 is a violation and punishable as provided in Section 100.220 of this Code. (Ord. No. 12-57 §1, 10-22-12)