Editor's Note — Ord. no. 1495, enacted October 3, 2005, adopted the joint basic emergency operations plan as the emergency operations plan for the City of Oak Grove. Subsequently, ord. no. 1534, enacted August 21, 2006, adopted the basic emergency operations plan dated August 15, 2006 as the emergency operations plan for the City of Oak Grove, which is on file with the Oak Grove Emergency Management Agency.
Article I Local Office of Emergency Management
Article II State of Emergency
[Ord. No. 1104 §1, 6-6-1994]
There is hereby created within the City of Oak Grove, Missouri, a disaster planning and operations organization known as the Oak Grove Emergency Management Organization which is responsible for the preparation and implementation of emergency plans and functions required to prevent, minimize and repair injury and damage due to disasters, to include emergency management of resources and administration of such actions as may be required to provide for the welfare, safety and well-being of the community, in accordance with Missouri Civil Defense Act, Chapter 44, RSMo.
[Ord. No. 1104 §2, 6-6-1994]
This office shall consist of a Director and other members appointed by the Mayor. The Director shall be responsible for the overall operation of the Emergency Management Organization and shall act as a technical advisor and second in command to the Mayor during time of emergency. The Director shall assist the Mayor or acting chief executive as necessary in determining a course of action in time of emergency.
[Ord. No. 1104 §3, 6-6-1994]
The Emergency Management Organization shall perform emergency functions within the territorial limits of the City of Oak Grove, Missouri, and may conduct these functions outside the territorial limits as directed by the Governor during time of emergency pursuant to the provisions of the Missouri Civil Defense Act, Chapter 44, RSMo.
[Ord. No. 1104 §4, 6-6-1994]
The Director will be appointed by the Mayor and shall meet professional qualifications established by the Missouri State Emergency Management Organization. The Director shall meet the professional qualification of the National Coordinating Council for Emergency Management or possess equivalent training and experience in emergency management and emergency services.
The Director shall have direct responsibility for the organization, administration and operations of local disaster planning and preparedness functions.
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 Emergency Management Organization.
The Director shall be authorized to accept services, materials, equipment, supplies or funds granted or loaned by the Government of the United States or the State of Missouri for emergency management purposes.
[Ord. No. 1104 §5, 6-6-1994]
No person shall be employed or associated in any capacity in any organization established under this Act who advocates or has advocated a change by force or violence in the constitutional form of Government of the United States or 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 an organization for civil defense 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 (name of person) 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 of the same; and 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 time as I am a member of the Oak Grove Emergency Management Organization, I will not advocate nor become a member of a political party or organization that advocates the overthrow of the Government of the United States or this State by force or violence."
[Ord. No. 1104 §6, 6-6-1994]
The Mayor is authorized to designate space in any City of Oak Grove owned or leased building for the Oak Grove Emergency Management Organization office.
[Ord. No. 1105 §1, 6-6-1994]
It is the intent of the City to designate a City Official to declare a local state of emergency in the event of a natural or manmade disaster or emergency or the imminent threat thereof and to authorize certain actions relating thereto when a quorum of the Board of Aldermen is unable to meet. This official shall be known as the Chief Executive.
[Ord. No. 1105 §2, 6-6-1994]
When a quorum of the Board of Aldermen of the City of Oak Grove is unable to meet, the Mayor of the City of Oak Grove or in his/her absence the Mayor Pro Tem or in his/her absence the City Administrator or in his/her absence the Emergency Management Director or in his/her absence, the Chief of the Sni-Valley Fire Protection District or his/her designee is empowered to act as Chief Executive and may declare a local state of emergency whenever he/she shall determine that a natural or manmade disaster has occurred or threat of such disaster is imminent and requires immediate and expeditious action. Such declaration shall be in the form of a written executive order.
[Ord. No. 1105 §3, 6-6-1994]
- Any occurrence or threat thereof, whether accidental, natural or caused by man, in war or peace, which results or may result in injury or harm to the population or substantial damage to or loss of property.
[Ord. No. 1105 §4, 6-6-1994]
A state of emergency shall be declared by proclamation of the Chief Executive. The state of emergency shall continue until the highest official designated in Section 220.070 shall determine that the danger no longer exists and/or an emergency meeting of the Board of Aldermen can take place and terminate the state of emergency by proclamation.
[Ord. No. 1105 §5, 6-6-1994]
A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the City of Oak Grove and shall be the authority for use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans.
[Ord. No. 1105 §6, 6-6-1994]
The purpose of this Article is to provide authority and enforcement power for whatever action is necessary, including the following:
Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives or combustibles.
Establish curfews including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services, such as fire, Police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs, emergency calls by physicians and others as may be designated.
Utilize all available resources of the City Government as reasonably necessary to cope with the disaster emergency, including emergency expenditures not to exceed fifty thousand dollars ($50,000.00).
Declare certain areas off limits.
Make provisions for the availability and use of temporary emergency housing and the emergency warehousing of materials.
Establish Emergency Operations Center and shelters in addition to or in place of those already designated by the emergency plan.
Declare that in an emergency it shall be unlawful and an offense against the City of Oak Grove for any person, firm or corporation to use the fresh water or other materials supplied by the City for any purpose determined by the Chief Executive to be contrary to the public interest.
Declare that during an emergency it shall be unlawful and an offense against the City of Oak Grove for any person, firm or corporation operating within the City to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The "average retail price", used herein, is defined to be the price at which similar merchandise, goods or services were being sold during the ninety (90) days immediately preceding the emergency or a markup which is not a larger percentage over wholesale cost than was being added to the wholesale cost before the emergency.
Requisition and confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement for such confiscation shall be within sixty (60) days and at customary value charged for the items during ninety (90) days previous to the emergency.
Waive the provisions of ordinances requiring advertisement for bids for the performance of public work or entering into contracts according to the Missouri Civil Defense Act, Chapter 44.080, RSMo.
Allow the Chief Executive to request, on behalf of the City, assistance from neighboring Cities, Counties or other governmental subdivisions, the State of Missouri or the Government of the United States as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control or to provide such assistance to other Cities, Counties and governmental subdivisions pursuant to Section 70.837, RSMo.
To order any and all City employees to report for immediate duty as the Chief Executive may direct.
[Ord. No. 1105 §7, 6-6-1994]
Nothing in this Article shall be construed to limit the authority of the Board of Aldermen to declare or terminate a state of emergency and take any action authorized by law when sitting in regular or special session.
[Ord. No. 1105 §8, 6-6-1994]
Any person, firm or corporation who refuses to comply with or violates any Section of this Article or the emergency measures which may be made effective pursuant to this Article, shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed sixty (60) days in jail, or both. Each day of continued non-compliance or violation shall be considered a separate offense. In addition to the foregoing, any licensee of the City of Oak Grove found guilty of violating any provision of this Article or the emergency measures which may be made effective pursuant to this Article may have his/her license suspended or revoked by the Board of Aldermen of the City of Oak Grove.
Nothing herein contained shall prevent the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with or violation of this Article or the emergency measures which may be effective pursuant to this Article. Such other lawful action shall include, but shall not be limited to, an equitable action for injunctive relief or any action at law for damages.