Article I In General
Article II Civil Emergencies
There is hereby created within and for the City of Ste. Genevieve an emergency management organization to be known as the Ste. Genevieve 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 Ste. Genevieve 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 Ste. Genevieve 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.
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 Board of Aldermen.
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 Ste. Genevieve Emergency Management Organization.
The City of Ste. Genevieve 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 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 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 Ste. Genevieve 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 Ste. Genevieve 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 Ste. Genevieve 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 Ste. Genevieve Emergency Management Organization.
For the purposes of this Article, the following terms shall have the meanings respectively ascribed to them:
- CIVIL EMERGENCY
- A riot or unlawful assembly characterized by the use of force or violence, civil commotion or uprising; or any natural or manmade disaster or calamity; or imminent danger of any of the foregoing.
- The Mayor of the City or, in his/her absence or inability to act, the Acting President of the Board of Aldermen.
[CC 1985 §6-42]
When in the judgment of the Mayor a civil emergency is deemed to exist, he/she shall forthwith proclaim in writing the existence thereof.
[CC 1985 §6-43]
Any proclamation of a civil emergency shall be promptly communicated to all available news media for dissemination to the public and the original thereof shall be filed in the office of the City Clerk.
[CC 1985 §6-44]
After the proclamation of a civil emergency by the Mayor, he/she may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he/she may deem advisable and the curfew shall be applicable during the hours of the day or night as he/she may deem necessary in the interest of public safety and welfare. In the designated areas and during the designated hours of any such curfew, all persons shall remove themselves to and remain in their places of residence, remain off and away from the public streets, sidewalks, parks and all other public or open places; and no persons shall loiter or gather together in groups at any place for any purpose whatsoever; provided however, that persons performing medical services, essential public utility services, public officials, Law Enforcement Officers, firemen and other persons officially designated to perform some duty with reference to the civil emergency are exempt from the curfew.
[CC 1985 §6-45]
After the proclamation of a civil emergency, the Mayor shall, in addition to all other powers granted to him/her by the laws of the State, this Code and other ordinances of the City, be empowered in the interest of the public safety and welfare to preserve the peace and order of the City and to exercise any or all of the powers hereinafter granted, as follows:
To order all Policemen, auxiliary Policemen, firemen and any other City employee to report for immediate duty as he/she may direct;
To order the closing of any and all business establishments throughout the City or any portion thereof during the period for which the civil emergency exists or during the hours of curfew;
To order a reduction in the use of all utilities throughout the City during the state of civil emergency;
To order the discontinuance of the selling, distributing, dispensing or giving away of any firearms or other weapons of any character whatsoever;
To order the closing of any and all establishments or portions thereof which may be engaged in the sale, distribution, dispensing or giving away of firearms, ammunition or other weapons of any character whatsoever;
To order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquors or non-intoxicating beer;
To order the discontinuance of the sale, distribution or giving away of intoxicating liquor or non-intoxicating beer;
To order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or non-intoxicating beer is permitted;
To order the discontinuance of the selling, distribution or giving away of gasoline or other flammable liquids or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
To order the closing of gasoline stations and other establishments engaged in the sale, distribution or dispensing of gasoline or other flammable liquids or combustible products;
To order any public place or building, public street or alley, sidewalk, parking area and any other place closed to motor vehicles, persons and pedestrian traffic;
To order the doing of or refraining from all acts necessary and incidental to the protection of life and property.
[CC 1985 §6-46]
A proclamation issued in accordance with the provisions of this Article shall remain in effect continuously from the date and time of the issuance thereof for such a period of time as may specifically be prescribed therein or upon the issuance of a proclamation determining the civil emergency no longer exists, whichever occurs first (1st); provided however, that the Board of Aldermen shall have the power to terminate civil emergency at any time.