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.
A.
The Director
will be appointed by the Mayor and shall serve at the pleasure of
the Mayor.
B.
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.
C.
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.
A.
The City
of Ste. Genevieve in accordance with Chapter 44, RSMo., may:
1.
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.
2.
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:
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"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."
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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:
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]
A.
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:
1.
To order
all Policemen, auxiliary Policemen, firemen and any other City employee
to report for immediate duty as he/she may direct;
2.
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;
3.
To order
a reduction in the use of all utilities throughout the City during
the state of civil emergency;
4.
To order
the discontinuance of the selling, distributing, dispensing or giving
away of any firearms or other weapons of any character whatsoever;
5.
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;
6.
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;
7.
To order
the discontinuance of the sale, distribution or giving away of intoxicating
liquor or non-intoxicating beer;
8.
To order
the closing of all private clubs or portions thereof wherein the consumption
of intoxicating liquor or non-intoxicating beer is permitted;
9.
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;
10.
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;
11.
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;
12.
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.
