[Ord. No. 1108 §1, 1-14-2004]
This Act shall be known as the "Local Emergency Operation
Plan" Act.
[Ord. No. 1108 §1, 1-14-2004]
As used in this Section, unless the context otherwise requires:
The City of Mission, Kansas.
The Board of County Commissioners of Johnson County, Kansas.
Prohibiting any person or persons from walking, running,
loitering, standing or motoring upon any alley, street, highway, public
property or vacant premises during the hours in which a curfew has
been imposed. Exceptions are persons officially designated to duty
with reference to a said state of local disaster emergency.
The occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from any natural
or manmade cause, including, but not limited to, tornadoes, windstorms,
hailstorms, electrical storms, drought, snow storms, ice storms, extreme
cold periods, earthquakes, blockages of highways, hazardous materials
incidents involving fixed facilities and transportation, mass fatality
incidents involving fixed facilities and transportation, electrical,
natural gas, drinking water, wastewater, refuse disposal, terrorism
involving conventional means, chemical, biological or radiological,
civil disturbance (riot), nuclear attack or any other major event
resulting to such an extent that extraordinary measures must be taken
to protect the public health, safety and welfare.
The preparation for and the carrying out of all emergency
functions which are primarily responsible to prevent, minimize and
repair injury and damage resulting from disasters.
All disaster emergency plans developed and promulgated by
the City Mayor or City Administrator and the Emergency Management
Director pursuant to K.S.A. 48-929 and the amendments thereto. "Emergency Operation Plan" shall be equivalent to the term
of "Emergency Management" as set out under K.S.A.
48-904 et. seq.
Characterized by the use of actual force, violence or any
threat of use of force, if accompanied by immediate power to execute
such force by five (5) or more persons acting together without authority
of law.
[Ord. No. 1108 §1, 1-14-2004]
There is hereby established in the City of Mission, Kansas,
a Local Emergency Operations Plan for the purpose of coordinating
the mitigation, preparedness, response and recovery from disasters
or emergencies. The Local Emergency Operation Plan, its procedures,
rationale, definitions, organization, facets, operation and appendices
or annexes are hereby incorporated into this Chapter by reference.
The approved Local Emergency Operations Plan shall be on file at the
City Clerk's office for public review.
[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator shall appoint an Emergency
Management — Homeland Security Director to take charge of the
Local Emergency Operations Plan. The Emergency Management Director
is hereby delegated sufficient authority to effect coordination and
accomplish all actions required incidental to the functions and duties
as set out by State law and by the Local Emergency Operations Plan
promulgated by this or other City ordinance.
[Ord. No. 1108 §1, 1-14-2004; Ord. No. 1495, 2-20-2019]
A state of local disaster emergency may be declared by the City
Mayor or City Administrator upon a finding by such officer, or their
designee, that a disaster has occurred or the threat thereof is imminent
within the City. No state of local disaster emergency shall be continued
for a period in excess of seven (7) days, or renewed, except with
the consent of the City Council of the City of Mission. Any order
or proclamation declaring, continuing or terminating a local disaster
emergency shall be filed promptly with the City Clerk. In the event
of the absence of the City Mayor from the City or the incapacity of
the Mayor, the order of succession is as follows: The City Administrator,
the Council President and Council Vice President. The Emergency Management
Director shall also have the authority to declare a state of local
disaster emergency and act with the authority of the City Mayor or
City Administrator under this Section, until properly relieved by
a person from the order of succession. In the event of the absence
of the City Administrator, the order of succession shall be set out
in the League of Kansas Municipalities Handbook, hereby incorporated
by reference.
[Ord. No. 1108 §1, 1-14-2004; Ord. No. 1495, 2-20-2019]
The Mayor or City Administrator shall have the authority to
contact and request the Johnson County Board of Commissioners, the
Director of the Johnson County Emergency Management Division, other
local or neighboring Cities as well as private business or other agencies
to provide assistance to the City of Mission during the course of
the emergency or disaster.
[Ord. No. 1108 §1, 1-14-2004]
Each person within the City of Mission shall conduct himself
or herself and keep and manage his or her affairs and property in
ways that will reasonably assist and will not unreasonably detract
from the ability of the City of Mission and the public successfully
to meet disasters. This obligation includes appropriate personal service
and use or restriction on the use of property during a declared state
of local disaster emergency. Compensation for services or for the
taking or use of property shall be only to the extent that obligations
recognized in this Section are exceeded in a particular case. Compensation
will then only be to the extent that the claimant may not be deemed
to have volunteered his or her services or property without compensation.
[Ord. No. 1108 §1, 1-14-2004]
Compensation for property shall be only if the property was
commandeered or otherwise used in coping with a disaster and its use
or destruction was ordered by an official of a City of Mission agency.
Any person claiming compensation for the use, damage, loss or destruction
of property under this Chapter shall file a claim with the City Clerk.
Nothing in this Section applies to or authorizes compensation for
the destruction or damage of property caused by the local disaster,
or removal of any buildings or structures rendered unsafe or dangerous
by the disaster, or any actions by the City of Mission employees necessary
to protect the public safety, health and welfare.
[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-934 and any amendment thereof, Law Enforcement
Officers, City employees, employees of other Cities or Counties or
other persons authorized to assist them, while engaged in maintaining
or restoring the public peace or safety or in the protection of life
or property during a state of local disaster emergency, shall have
all powers, duties and immunities of Peace Officers of the State of
Kansas in addition to all powers, duties, immunities now otherwise
provided by law and shall be immune from civil and criminal liability
for acts reasonably done by them in the performance of their duties
so long as they act without malice and without the use of excessive
or unreasonable force. All such personnel shall have the authority
to enforce any and all ordinances of the City of Mission, and for
such purpose, all such personnel shall be considered to be authorized
officers of the City of Mission.
[Ord. No. 1108 §1, 1-14-2004]
During the state of local disaster emergency, the City Mayor
or City Administrator may order a general or specific curfew applicable
to such geographical areas of the City of Mission, or to the City
of Mission as a whole, as deemed advisable and applicable during such
hours of the day or night as deemed necessary in the interest of the
public safety and welfare.
[Ord. No. 1108 §1, 1-14-2004]
A.
During
any state of disaster emergency declared under this Act, the Mayor
or City Administrator shall be commander of all forces available for
emergency duty and shall delegate or assign command authority pursuant
to the Emergency Operations Plan.
[Ord. No. 1495, 2-20-2019]
1.
The Mayor may in the interest of public safety and welfare make
any or all of the following orders or actions:
a.
Order the discontinuance of the sale of beer or liquor by any
establishment in the City.
b.
Order the discontinuance of selling, distributing, transporting,
or giving away gasoline or other liquid flammable or combustible products
in any container other than a gasoline tank property affixed to a
motor vehicle.
c.
Order that no person shall possess, transport or consume any
alcoholic beverages in a public street or place which is publicly
owned or in any motor vehicle driven or parked thereon which is within
a duly designated restricted area.
d.
Order that no person shall possess any rock, bottle, club, brick,
explosive, combustibles, or weapon of any type, who uses or intents
to use the same unlawfully against the person or property of another.
e.
Order that no person shall make, carry, possess, or use any
type of "Molotov Cocktail," gasoline or petroleum-based firebomb or
other incendiary device or missile.
f.
Order a law enforcement officer or City of Mission employee
to confiscate any items, including alcoholic beverages, explosives,
and combustibles, which other orders prohibit possession thereof.
g.
Order suspension of the quorum requirement under K.S.A. 12-3002 and City Ordinance No. 1093, Title I, Chapter 115, Article III, Section 115.220 needed to hold a City Council meeting due to the unavailability or death of any member(s) of the City Council after a good faith effort to find such member(s).
h.
Issue such other orders as imminently necessary for the protection
of life and property within the City of Mission.
2.
In addition, the City Mayor or City Administrator may in the interest
of public safety and welfare make any or all of the following orders
or actions:
a.
Direct and compel the evacuation of all or part of the population
from any area of the City of Mission stricken or threatened by a disaster,
if the City Mayor or City Administrator deems this action necessary
for the preservation of life or property or other disaster mitigation,
response or recovery.
b.
Prescribe routes, modes of transportation and destinations in connection
with such evacuation.
c.
Control ingress and egress to and from a disaster area, the movement
of persons within the area and the occupancy of private and business
premise therein.
d.
Order that no person shall enter any area designated by the City
Mayor or City Administrator as a restricted area unless in the performance
of official duties or with written permission issued by the City of
Mission or that a person shall provide proof of residence in such
restricted or controlled area.
e.
Order the suspension of the confinement time period for animals picked
up by the animal control service or City employees in order for the
animals that must be destroyed, to be destroyed immediately, if the
capacity of the animal shelter is full and said animals shall be destroyed
in a humane fashion. Further, to order animals, if found to be roaming
in a pack of three (3) or more in the City of Mission, to be destroyed
immediately and in any manner based upon the Law Enforcement or Animal
Control Officer's discretion.
f.
Order suspension of any or all provisions of any rule, resolution or ordinance necessary for the immediate and effective response of City of Mission and/or City of Mission employees to the local disaster emergency, including the right to exercise emergency expenditure authority to acquire needed supplies, equipment or funds by any means necessary provided that compensation shall be paid under Section 250.080 herein.
g.
Transfer the supervision, personnel or functions of the City departments
and agencies or units thereof for the purpose of performing or facilitating
emergency management activities.
h.
Commandeer or utilize any private property if the City Mayor or City
Administrator find such action necessary to cope with the disaster,
subject to any applicable requirements for compensation.
i.
Issue such other orders as are imminently necessary for the protection
of life and property.
[Ord. No. 1108 §1, 1-14-2004]
The City Council, by a two-thirds (2/3) majority vote of the
remaining and present members, may amend or rescind any order issued
by the Mayor or the City Administrator at any time under this Section.
The City Council shall also be responsible for establishing the funding
for the Emergency Operations Center and additional functions necessary
to meet any potential disaster or emergency.
[Ord. No. 1108 §1, 1-14-2004]
Where necessary to protect against escaping dangerous gases, explosion, unsafe buildings or structures or other unsafe or dangerous physical conditions, designated City employees, including, but not limited to, Law Enforcement Officers, Public Works Director or City Engineer, may order the evacuation of any part of the City or of any structures in the City. Any area or structure to be evacuated shall be a restricted area, which no person, other than authorized City employees, shall be permitted to enter. The Public Works Director, City Engineer or Code Enforcement Officer shall have the authority to order any unsafe or dangerous structure or building to be taken down or repaired without delay. Such action may be taken without prior notice to or a hearing of the owners, agents, lien holders and occupants pursuant to Ordinance 1093, Title V, Chapter 510, Article I, Sections 510.010 thru 510.120 or other applicable ordinances, Articles or Sections.
[Ord. No. 1108 §1, 1-14-2004]
In the event that a minor disaster of a localized nature, including
major accidents or a major disturbance (riot), has occurred and a
state of local disaster emergency is not declared, the City Mayor,
City Administrator, Emergency Management Director, Public Works Director
or Police Chief acting under the authority of a department head shall
have the authority to take reasonable steps whatsoever. These steps
include initial response, evacuation or restriction to the designated
area necessary to protect the public safety, health and welfare or
to protect any individual located within the area of the disaster.
[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to
adopt and promulgate the Local Emergency Operations Plan establishing
policies, guidelines and procedures to provide City of Mission employees
with information and equipment to function quickly and effectively
in disaster situations. Said plan shall include operation of an Emergency
Operations Center and any other functions necessary to meet any potential
disaster. Said plan shall be approved pursuant to K.S.A. 48-929 and
be on file at the City Clerk's office for public review.
[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to
enter into an agreement with any other Johnson County City jurisdiction
outside of the corporate City limits of Mission for the purpose of
providing or receiving assistance of that City's employees, equipment
or funds needed to meet any emergency or disaster in the City of Mission.
City jurisdictions assisting the City of Mission with employees, equipment
or funding during the state of emergency or local disaster shall be
entitled to the same authority and immunity as its own employees under
City ordinance or State law.
[Ord. No. 1108 §1, 1-14-2004]
The City Mayor or City Administrator is hereby authorized to
enter into an agreement with Johnson County Government to provide
or receive assistance from Johnson County Board of Commissioners,
Johnson County Emergency Management, Johnson County Road and Bridge
Department, Johnson County Animal Control or any other Johnson County
agency under its authority. This includes employees, equipment or
funds needed to meet any disaster in the City of Mission in Johnson
County. When Johnson County resources are provided to assist the City
of Mission during a state of emergency or local disaster, its employees,
equipment or funding shall be entitled to the same authority and immunity
as its own employees under City ordinance or State law.
[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-914, the Mayor and/or City Administrator
may enter into a contract on behalf of the City of Mission for the
lease or loan with the State of Kansas as may deem necessary to promote
the public welfare and protect the interests of the City of Mission
of any real or personal property of the City of Mission or State of
Kansas or under the jurisdiction or control of the City of Mission
or State of Kansas, or the temporary transfer or employment of personnel
of the State Government. The City Mayor and/or City Administrator
is authorized to enter into such contract or lease with the State
of Kansas or accept any such loan or employ such personnel and the
City of Mission may equip, maintain, utilize and operate any such
property and employ necessary personnel therefor in accordance with
the purposes of which such contract is executed and do all things
and perform any and all acts which he or she may deem necessary to
effectuate the purpose for which such contract was entered into under
the provisions of this Chapter.
[Ord. No. 1108 §1, 1-14-2004]
Whenever the U.S. Federal or State of Kansas Government or any
other agency or officer thereof or any person, firm or corporation
offers to the City of Mission services, equipment, supplies, materials
or funds by way of gift, grant or loan for the purposes of emergency
management, the City of Mission acting through the City Mayor or City
Administrator may accept such offer and upon acceptance, the City
Mayor or City Administrator may authorize any employee of the City
of Mission to receive such services, equipment, supplies, materials
or funds on behalf of the City of Mission and subject to the terms
of the offer and rules and regulations, if any, of the agency making
the offer (K.S.A. 48-916).
[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-915 and any amendment thereof, neither
the City of Mission, its employees, members of the City Council, employees
from other Cities or Johnson County, or other Counties, or volunteers
shall be liable for personal injury or property damage sustained by
any person appointed or acting as a volunteer worker or any City of
Mission employees engaged in emergency operations activities. The
foregoing shall not affect the right of any person to receive benefits
or compensation to which they might otherwise be entitled under the
Workmen's Compensation Law, any pension law or any act of Congress.
Upon a declaration of a local disaster emergency, neither the City
of Mission nor, except in cases of willful misconduct, gross negligence
or bad faith, the employees, agents of the City of Mission nor any
volunteer workers or employees from other Cities or Counties, complying
with or reasonably attempting to comply with this act or any proclamation,
order, rules, regulations or the Emergency Operations Plan adopted
pursuant to the provisions of this Chapter relating to blackout or
other precautionary measures enacted by the City of Mission, shall
be liable for the death of or injury to persons or for damages to
property, as a result of any such activity performed during the existence
of such state of local disaster emergency.
[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-1201, et. seq., should any vacancy arise
due to the death of or the unexplained absence of any member of the
City Council of the City of Mission or in the event that the member
is unavailable to exercise the powers and discharge the duties of
his/her office during the course of any local disaster or emergency
declared by the City Mayor or City Administrator, said vacancy shall
be filled through appointment by the Mayor with approval of a majority
of the remaining members of the City Council from the following: Ex-member
of the City Council, any member of the City Planning Commission, Board
of Zoning Appeals or any person the Mayor may deem suitable to fill
a vacancy. Said appointment shall last until the member reappears
or until the next scheduled election of the City Council.
[Ord. No. 1108 §1, 1-14-2004]
Pursuant to K.S.A. 48-1201, et. seq., in the event that the
City of Mission Municipal Court Judge is unavailable to exercise the
powers and discharge the duties of the Court, the City Mayor and /
or City Administrator may appoint any attorney with at least ten (10)
years of legal experience, preferably in the Mission Municipal Court,
as Judge of the Municipal Court with the approval of the majority
of the remaining City Council.
[Ord. No. 1108 §1, 1-14-2004]
A.
Whenever,
due to an emergency resulting from the effects of a local disaster
emergency or enemy attack, the City Council may meet within or without
the City of Mission on the call of the City Mayor and/or City Administrator
or any three (3) members of the City Council and shall proceed to
establish and designate by ordinance, resolution or other manner alternate
places as the emergency temporary location of the local government
where all or any part of the public business may be transacted and
conducted during the emergency situation. Such place may be within
or without the City of Mission and within the State of Kansas. (K.S.A.
48-1401)
B.
During
the period when the public business is being conducted at the emergency
temporary location, the Governing Body shall have and possess and
shall exercise all of the executive, legislative and judicial powers
and functions conferred upon the Governing Body. Such powers and functions
may be exercised in the light of the exigencies of the emergency situation
without regard to or compliance with the time consuming procedures
and formalities prescribed by law and pertaining thereto and all acts
of such Governing Body shall be as valid and binding as if performed
within the City of Mission. (K.S.A. 48-1402)
[Ord. No. 1108 §1, 1-14-2004]
A.
Any
individual, corporation, association, partnership, organization, firm,
trustee, legal representative or public or private company whose negligent
or willful act or omission causes any hazardous material release,
discharge, deposit or spill or threatened release, discharge, deposit
or spill requiring abatement, cleanup or other emergency action by
the City of Mission or any authorized agent thereof shall be responsible
for reimbursement to the City for any and all expenses directly and
indirectly incurred during the detection, response and recovery phases
of the incident mitigation.
1.
Recoverable expenses includes, but are not limited to, the disposal
of materials and supplies consumed or contaminated, compensation for
City employees' time, use, rental, lease or purchase of equipment
to specifically respond to the incident, replacement costs for equipment
damaged or contaminated beyond repair or reuse, decontamination of
equipment, special technical consultation or services including personnel
time and fees, laboratory costs, cleanup, storage or disposal of contaminated
released material or equipment, equipment and personnel costs for
evacuation of persons or property, medical expenses incurred by responding
personnel and legal expenses that may be incurred as a result of the
emergency response, including any recovery expenses.
2.
The involved City departments shall submit a written, itemized claim
for the total expenses incurred during the emergency action to the
City Administrator within thirty (30) days after the date of the completion
of the mitigation and cleanup actions. The City Administrator shall
submit a written notice and copy of the grand total claim to the responsible
person(s) including notice that unless the claim is paid in full within
thirty (30) days of delivery, the City shall file a civil action seeking
recovery for the stated amount. The City may cause a lien in the amount
of the recoverable expenses to be placed on any real property owned,
leased, operated or managed by the person causing or responsible for
the emergency action. Alternatively, the City may bring a civil action
for recovery of the recoverable expenses against any and all persons
causing or responsible for the emergency action. Remedies in this
Section shall not limit other remedies provided by law.
[Ord. No. 1108 §1, 1-14-2004]
Information contained in this Local Emergency Operations Plan
that is or may be deemed by either Federal, State, County or City
Government to be security sensitive or of a classified nature in its
content or context may not be disseminated to the general public or
the media. Plan specific operations techniques, application specific
emergency operations tactics or information that would tend to give
aid or encouragement to a potential adversary may not be released
to any member of the public or the media for City or other agency
security reasons.
[Ord. No. 1108 §1, 1-14-2004]
The violation of any provision of this act or any rule, regulations
or plan adopted under this act or any lawful order or proclamation
issued under authority of this Chapter whether pursuant to a proclamation
declaring a state of local disaster emergency shall constitute an
unclassified public offense. The sentence shall be a definite term
of confinement that shall not exceed one hundred eighty (180) days
or a fine to be at least two hundred fifty dollars ($250.00) and not
to exceed one thousand dollars ($1,000.00) or both confinement and
fine.
