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.
[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]
A.
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.
B.
The
Director shall have direct responsibility for the organization, administration
and operations of local disaster planning and preparedness functions.
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 Emergency Management Organization.
D.
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]
A.
The
purpose of this Article is to provide authority and enforcement power
for whatever action is necessary, including the following:
1.
Suspend or limit the sale, dispensing or transportation of alcoholic
beverages, firearms, explosives or combustibles.
2.
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.
3.
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).
4.
Declare certain areas off limits.
5.
Make provisions for the availability and use of temporary emergency
housing and the emergency warehousing of materials.
6.
Establish Emergency Operations Center and shelters in addition to
or in place of those already designated by the emergency plan.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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]
A.
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.
B.
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.
