Cross references — Administration generally, Ch. 2; fire prevention and protection, Ch. 10; flood damage prevention and control, Ch. 11; health and sanitation, Ch. 13; motor vehicles and traffic, Ch. 17; plumbing, Ch. 20; police, Ch. 21.
State law reference — Civil defense generally, RSMo. Ch.
44.
[Code 1964, § 6-1]
There is hereby created the civil defense organization of the
city for the preparation and the carrying out of all the emergency
functions, other than functions for which the military forces are
primarily responsible, to minimize and repair injury and damage resulting
from disasters caused by enemy attack in accordance with chapter 44
of the Revised Statutes of Missouri, or upon the occurrence of any
disastrous emergency which may be declared an emergency by the mayor.
[1]
State law reference — Authority of city to establish
civil defense organization, RSMo. § 44.080.
[Code 1964, § 6-2]
The civil defense organization of the city shall consist of
the director and other additional members to be selected by the director.
[Code 1964, § 6-3]
The civil defense organization of the city shall perform such
civil defense functions within the city as shall be prescribed in
and by the state civil defense plan and program prepared by the governor
and such orders, rules and regulations as may be promulgated by the
governor and, in addition, shall perform such duties outside the city
as may be required pursuant to any mutual aid agreement with any other
political subdivision, municipality or quasi-municipality entered
into as provided by chapter 44 of the Revised Statutes of Missouri.
[Code 1964, § 6-4]
The mayor is authorized to designate space in the city hall
or elsewhere, as may be provided for by the board of aldermen, for
the civil defense organization of the city as its office.
[Code 1964, § 6-5]
(a)
The director of the civil defense organization of the city shall
be appointed by the mayor upon the approval of the board of aldermen
and shall serve until removed by the same.
(b)
The director shall have direct responsibility for the organization,
administration and operation of the civil defense organization subject
to the direction and control of the mayor and board of aldermen, as
provided by statute.
(c)
In the event of the absence or inability to serve of the director,
the mayor or any person designated by him shall act as director.
[1]
State law reference — Appointment of director of civil
defense organization, RSMo. § 44.080.
[Code 1964, § 6-6]
The director of the civil defense organization shall have the
power to appoint and provide, without compensation, and/or remove
air raid wardens, rescue teams, auxiliary fire and police personnel
and other civil defense teams, units and personnel.
[Code 1964, § 6-8]
Every person appointed to serve in any capacity in the civil
defense organization of the city shall, before entering upon his duties,
subscribe to the following oath, which shall be filed with the director:
"I _______________ do solemnly swear (or affirm) that I will
support and defend and bear true faith and allegiance to 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, nor have I been a member of any political party or organization
that advocates the overthrow of the Government of the United States
or this state by force or violence; and that during such time as I
am affiliated with the civil defense organization of the City of Bellefontaine
Neighbors, 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."
[Code 1964, § 6-7]
The director of the civil defense organization shall form mobile
support units as provided for in chapter 44 of the Revised Statutes
of Missouri and shall designate the leaders thereof. Any member of
a mobile support team who is a municipal employee or officer while
serving on call to duty by the governor or the state director of civil
defense shall receive the compensation and have the powers, duties,
rights and immunities incident to such employment or office.
[Code 1964, § 6-9]
(a)
The mayor, with the approval of the governor, may enter into mutual-aid
arrangements or agreements with other public and private agencies
within and without the state for reciprocal emergency aid. Such arrangements
or agreements shall be consistent with the state disaster plan and
program. In time of emergency it shall be the duty of the civil defense
organization to render assistance in accordance with the provisions
of such mutual-aid arrangements or agreements.
(b)
The director of the civil defense organization may assist in the
negotiation of reciprocal mutual-aid agreements between the city organization
and other public and private agencies and between the governor and
the adjoining states or political subdivisions thereof and shall carry
out arrangements or agreements relating to the city unit.
[1]
State law refer — Mutual-aid agreements, RSMo. § 44.090.
[Code 1964, § 6-10]
In carrying out the emergency powers under the provisions of
this chapter, the mayor and board of aldermen shall utilize the services,
equipment, supplies and facilities of existing departments, offices
and agencies of the city to the maximum extent practicable, and the
officers and personnel of all such departments, offices and agencies
shall cooperate with and extend such services and facilities to the
governor and to the civil defense organization of the state upon request.
[1]
State law refer — Similar provisions, RSMo. § 44.110.
[Code 1964, § 6-11]
Whenever the federal government, the state government or any
officer or agency thereof shall offer to the city services, equipment,
supplies, materials or funds by way of gift, grant or loan for the
purpose of civil defense, the city, acting with the consent of the
governor and through the mayor, may accept such offer and, upon acceptance,
the mayor may authorize any officer of the city to receive such services,
equipment, supplies, materials or funds on behalf of the city, subject
to the terms of the offer.
[Code 1964, § 6-12]
In the event of enemy attack, the city may waive any time-consuming
procedures and formalities otherwise required by statute or ordinance
pertaining to the advertisement for bids for the performance of public
work or entering into contracts.
[Ord. No. 2572, 6-4-2020[1]]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A riot or unlawful assembly characterized by the use of force
or violence, civil commotion or uprising or any natural or man-made
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 president of the board of alderpersons.
[Ord. No. 2572, 6-4-2020]
When in the judgment of the mayor a civil emergency is deemed
to exist, he/she shall forthwith proclaim in writing the existence
thereof.
[Ord. No. 2572, 6-4-2020]
Any proclamation of a civil emergency shall be promptly communicated
to all available news media for dissemination to the public, and shall
be filed in the office of the city clerk.
[Ord. No. 2572, 6-4-2020]
After the issuance of a proclamation declaring 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 deemed
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, 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.
[Ord. No. 2572, 6-4-2020]
(a)
After
the proclamation of a civil emergency, the mayor shall, in addition
to all other powers granted 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 and to preserve the peace and order of the
city, to exercise any and 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 directed;
(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 the 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 nonintoxicating beer;
(7)
To
order the discontinuance of the sale, distribution or giving away
of intoxicating liquor or nonintoxicating beer;
(8)
To
order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating liquor or nonintoxicating beer is
permitted;
(9)
To
order the discontinuation 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.
[Ord. No. 2572, 6-4-2020]
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; provided,
the board shall have the power to terminate the proclamation of a
civil emergency at any time.
