Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Chesterfield, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Cross references — Administration, Ch. 2; buildings and building regulations, Ch. 7; motor vehicles and traffic, Ch. 18; police, Ch. 24; unified development, Ch. 31.
State law references — Civil defense generally, RSMo. § 44.010 et seq.; local organizations, RSMo. § 44.080.
[Ord. No. 147, § 1, 8-15-1988]
In this chapter, "disaster" means an occurrence such as a tornado, storm, flood, high water, wind driven water, earthquake, drought, blizzard, pestilence, famine, fire, explosion, building collapse, commercial transportation wreck, or any other situation that causes human suffering or creates human needs that the victims cannot alleviate without assistance and that requires an extraordinary commitment of governmental resources. This definition is to be viewed advisedly and should not be applied rigidly so as to exclude situations not enumerated.
[Ord. No. 147, § 2, 8-15-1988]
Upon the actual occurrence of a disaster within the City when the safety and welfare of the inhabitants of the City are jeopardized or in the event of enemy attack, sabotage or other hostile action, the Mayor is hereby empowered to declare an emergency or that a disaster has or is occurring, and in accordance with the Missouri Disaster Operations Plan, and during such emergency, to activate all of the rights, duties and responsibilities granted under the Missouri Civil Defense Act and by the rules and regulations promulgated thereto. Upon declaration of an emergency or a disaster, the Mayor shall exercise all powers granted by City ordinance and state statute and shall additionally take all steps necessary to assure the health, safety and welfare of all those within the City limits.
[1]
Cross reference — Mayor, § 2-26 et seq.
[Ord. No. 147, § 3, 8-15-1988]
(a) 
Whenever the Mayor is absent from the City, disabled, missing or presumed disabled, the President Pro Tem shall assume the duties of the Mayor.
(b) 
If the President Pro Tem is absent from the City, disabled, missing or presumed disabled, the duties of the Mayor shall be assumed by the Councilman with the most cumulative seniority on the City Council who is present and able to function in the capacity of Mayor.
(c) 
If neither the Mayor, President Pro Tem, nor any members of the City Council can be found within the City who are fit to assume the duties of the Mayor, the City Administrator or surviving senior Department head shall assume the duties of the Mayor.
(d) 
The fitness of any individual to assume the duties of Mayor shall be determined by a consensus of those Council members present, or, in their absence, by a consensus of those City Department Heads present.
[1]
Cross reference — Administration, Ch. 2.
[Ord. No. 147, § 4, 8-15-1988]
(a) 
Under the provisions of the Revised Statutes of Missouri 44.080, there is hereby created the Chesterfield Emergency Management Agency, the head of which shall be designated by the Public Works Department with approval of the City Administrator. This Agency shall be responsible for the preparation and implementation of emergency functions required to prevent and minimize injury and 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 functions (excluding functions for which the military forces are primarily responsible) in accordance with the Missouri Civil Defense Act. Revised Statutes of Missouri Chapter 44.
(b) 
The Emergency Management Agency shall perform emergency functions in cooperation with the County and the State in accordance with the provisions of the Missouri Civil Defense Act, the City-County Mutual Aid Agreement dated June 1, 1988, and any cooperative agreement hereinafter adopted.
(c) 
The basic operational structure of this Agency shall consist of existing Departments of the City government who will perform emergency activities related to those performed normally. Auxiliary groups may be formed and trained under the direction and control of the operating Department they are to support.
[1]
Cross reference — Boards, Commissions, Committees, etc., § 2-201 et seq.
[Ord. No. 147, § 5, 8-15-1988]
(a) 
The administrative staff of the Emergency Management Agency shall consist of a Coordinator and such additional staff members as the City Council may authorize. Members will be selected by the Coordinator in order to conform to the State organizations and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.
(b) 
The Coordinator shall be appointed and be subject to removal by the City Administrator with the approval of the City Council.
(c) 
The Coordinator shall have direct responsibility for the organization, administration and operation of local disaster planning subject to the direction and control of the City Administrator.
(d) 
The Coordinator is authorized to select and obtain federal government surplus property through the State Disaster Planning and Operations Office and the State Department of Education. The Coordinator shall obtain the necessary approval to obligate the City for the handling charge imposed by the Department of Education and the State Agency for Surplus Property. The Coordinator may delegate authority to obtain surplus property at the State Agency for Surplus Property warehouse with the approval of the City Administrator.
(e) 
The Coordinator shall be responsible for maintaining records on use and disposal of all items of equipment placed under the jurisdiction of the agency.
(f) 
The Coordinator is authorized to submit all materials and sign all documents requested by the State Disaster Planning and Operations Office to qualify the City for participation in federal contributions for personnel and administrative expense program under P.L. 85.606.
(g) 
The Coordinator shall, with the consent of the City Administrator, appoint various public shelter managers, who, in the case of national or civil emergency, shall open public shelters, take charge of all stocks of food, water and other supplies stored in the shelter, admit the public in accordance with the City Shelter Use Plan and take whatever control measures necessary for the protection and safety of the occupants. Such public shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal of a person to carry out the reasonable orders of the shelter manager and his appointed staff shall be deemed a misdemeanor.
[Ord. No. 147, § 6, 8-15-1988]
All full-time employees of the City are hereby declared to be members of the Emergency Management Agency and shall perform such duties as the Coordinator may deem necessary to prepare for or respond to a disaster. Employees shall receive no additional compensation for serving as members of this Agency.
[Ord. No. 147, § 7, 8-15-1988]
The City Administrator and the Coordinator, in accordance with the Missouri Civil Defense Act, may:
(1) 
Expend funds, enter into contracts, obtain and distribute equipment, materials and supplies for civil defense purposes, provide for the health and safety of persons, including emergency assistance to victims of an enemy attack; provide for the safety of property and direct and coordinate with the policies and plans of the federal and State disaster and emergency planning.
(2) 
Appoint and remove rescue teams and other emergency operations teams, units or personnel who shall serve without compensation; assign emergency missions to nongovernmental groups such as physicians, heavy equipment operators and owners of local businesses as necessary to develop a capability to augment the Emergency Management Agency's response to disaster.
(3) 
In the event of declared national emergency or declared local disaster situation, waive the provisions of statutes requiring advertisements for bids for the performance of public work or entering into of contracts.
(4) 
With the approval of the City Council and consistent with the Missouri Disaster Operations Plan, enter into mutual aid agreements with other public and private agencies within and without the State for reciprocal emergency aid.
(5) 
Accept services, materials, equipment, supplies or funds granted or loaned by the federal government for disaster planning and operations purposes.
[1]
Cross reference — City Administrator, § 2-66 et seq.
[Ord. No. 147, § 8, 8-15-1988]
No person shall be employed or associated in any capacity in any organization established under this chapter who advocates or has advocated a change by force or violence in the overthrow of the government of the United States or of this State. The member shall before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"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 time as I am a member of the City of Chesterfield Disaster Preparedness Agency, 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."
[Ord. No. 147, § 9, 8-15-1988]
The Coordinator shall prepare a Comprehensive Disaster Response Plan and develop a procedure to implement it quickly and with the least amount of inconvenience to the public. The Disaster Preparedness Plan shall be submitted for amendment to the Council when necessary.
[1]
Cross reference — Unified development, Ch. 31.
[Ord. No. 2349, § 1, 5-7-2007]
(a) 
Definitions. For the purposes of this section the following words or phrases shall have the meaning given herein.
CHEMICAL OR RADIOLOGICAL CONTAMINATION
Means a person has been exposed to and may physically have on their person any toxic or poisonous chemicals or precursors of toxic or poisonous chemicals or radiation or radioactive materials at a level dangerous to human life.
COMMUNICABLE DISEASE
Means a serious disease or condition that can cause death or permanent damage to a person, the infectious agent of which may pass or be carried, directly or indirectly, from the body of one (1) person or animal or contaminated environment to the body of another person or animal.
COORDINATOR OF DISEASE PREVENTION
Is a temporary position appointed by the mayor and may be reassigned or terminated at any time, without cause. The coordinator of disease prevention is responsible for designating persons and/or places to be quarantined or isolated, the level of quarantine and its duration. Depending on circumstances, the position may be assigned to a city employee and it would have no adverse impact on their employment, salary or benefits. The coordinator of disease prevention shall be qualified to treat infectious diseases or will coordinate with an infectious disease expert.
EXPOSURE
Means contact with suspected cases of a disease or a contaminated environment where there may be contact, absorption, ingestion or inhalation of an infectious agent or chemicals or radiation or radioactive materials that may result in infection with a disease or radiation illness.
ISOLATION
Means the separation for the longest period of communicability of infected individuals, premises and animals from other individuals and animals in places and under conditions as will prevent the direct and indirect transmission of the communicable disease from infected individuals or animals who are susceptible or who may spread the agents to others.
PUBLIC HEALTH EMERGENCY
Means a period of time set by the mayor when the health of the public is at risk because of the presence of a communicable disease in the region or the threat of a communicable disease in the region. The period of time set by the mayor shall not exceed five (5) days unless a majority of the city council has been consulted and so informed by the mayor.
QUARANTINE
Means the separation from others of persons, groups or persons, premises or animals who had the opportunity to acquire a communicable disease or chemical or radiological contamination through an infected person, animal or contaminated environment. The usual period of time will not be longer than the longest period of communicability of the disease or in the event of chemical and radioactive contamination, until decontamination occurs. The purpose of quarantine is to prevent direct or indirect transmission of the communicable disease, chemical or radiological contamination to other persons, animals or environments.
(1) 
Means a limitation of freedom of movement of person, groups of persons or animals exposed to a communicable disease for a usual period of time not longer than the longest period of communicability of the disease or in the event of exposure to chemical or radiation, until decontamination occurs, in order to prevent effective contact with the general population.
(2) 
Means a selective, particular limitation of freedom of movement of person, groups of persons or animals determined on the basis of differences in susceptibility or danger of disease transmission. Modified quarantine is designed to meet particular situation and includes, but is not limited, the exclusion of person from geographic areas or school or child care, the closure of schools, child care centers and places of public or private assembly and the prohibition or restriction of those exposed to a communicable disease or chemical or radiation contamination from engaging in travel into or from a specified area or in a particular occupation or activity.
(3) 
Means the closure of buildings. Or parts or buildings, both public and private, until they have been declared safe by the mayor or his (her) designated representative.
(b) 
[Declaration of emergency.] During a period of a public health emergency the mayor, after consultation with local hospitals, the St. Louis County Department of Health and local law enforcement, may proclaim for a set period of time a public health emergency and appoint a coordinator of disease prevention.
(c) 
Establishment of quarantine or isolation. The coordinator of disease prevention shall establish appropriate quarantine or isolation rules and regulations as necessary to prevent the introduction or transmission of communicable disease, as defined in this chapter, or chemical or radiological contamination into, within or from the City of Chesterfield.
(1) 
Quarantine and isolation orders.
a. 
Any quarantine and isolation order issued by the coordinator of disease prevention shall be in writing and contain:
1. 
The identification of the person, group of persons, premises or animals to be confined, closed or excluded;
2. 
The basis for the coordinator of disease prevention's belief that the person, group of persons or animals have a communicable disease, may be incubating a communicable disease, or have chemical or radiological contamination and that the person, group of persons or animal(s) pose(s) a substantial threat to the public health and that quarantine or isolation is necessary to protect and preserve the public health, or that a premises is in such a condition that could lead to such communicable disease or contamination. The premises shall be posted with a notice that the premises is under quarantine. It shall be a violation of this chapter for any person without the consent of the coordinator of disease prevention to remove said notice;
3. 
The period of time during which the order shall remain effective;
4. 
The place of confinement or exclusion as designated by the coordinator of disease prevention and
5. 
The steps necessary to prohibit the illegal entry or occupancy of premises.
b. 
Further orders of quarantine and isolation pursuant to this section may be issued to previously quarantined or isolated persons, groups of persons, premises or animals in the event the mayor deems additional quarantine and isolation time is necessary to protect and preserve the public health.
(d) 
Isolation and quarantine premises.
(1) 
Entry into quarantine and isolation premises shall be restricted under the following conditions:
a. 
The coordinator of disease prevention may authorize physicians, health care workers or others access to individuals in quarantine or isolation as necessary to meet the needs of quarantined or isolated individuals.
b. 
No person, other than a person authorized by the mayor, shall enter quarantine or isolation premises.
c. 
Any person entering a quarantine or isolation facility must possess infection control knowledge and use appropriate personal protective equipment.
(2) 
Any person entering a quarantine or isolation premise with or without the authorization of the coordinator of disease prevention may be quarantined or isolated.
(3) 
The coordinator of disease prevention may take whatever action necessary to decontaminate any premise and charge the owner the cost of such decontamination and said cost shall be a lien on the property.
(e) 
Relief from isolation and quarantine. A person confined or excluded, or owner of an animal confined under this section, shall have relief from isolation if the coordinator of disease prevention determines:
(1) 
The person or animal ordered confined or excluded is no longer infected with a communicable disease;
(2) 
The person or animal no longer poses a substantial threat to the public health;
(3) 
Confinement or exclusion of the person or animal is not necessary and the least restrictive alternative to protect and preserve the public health; and
(4) 
The owner of the quarantined premises produces documentation satisfactory to the coordinator of disease prevention showing either mitigation or that no contamination (chemical, radiological or biological) is present and that the premises no longer presents any health hazard. Any person aggrieved from a decision or order of the coordinator of disease prevention may appeal such decision within ten (10) working days of the decision or order to the mayor and city council. The city council shall hold a hearing within thirty (30) working days of the appeal. The hearing shall determine if the decision or order was appropriate. An appeal does not stay the decision of the coordinator of disease prevention. Neither the city of chesterfield nor any of its employees, agents, contractors or members of the police department shall be held responsible for any lost wages, income or other damages due to the quarantine or isolation imposed hereunder.
(f) 
Enforcement. Orders of quarantine and isolation of property shall be transmitted to the city council, the chief of police, the Monarch Fire Protection District and the St. Louis County Police Department. The chief of police is directed to aid and assist the coordinator of disease prevention in the enforcement of the quarantine or isolation order whenever requested to do so.
(g) 
Penalty for violation. Every person convicted of a violation of any section of this chapter shall be punished by a fine of not less than one dollar ($1.00), nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day that any violation shall continue, it shall constitute a separate offense.
[Ord. No. 2349, § 1, 5-7-2007]
(a) 
[Generally.] The coordinator of disease prevention may limit pedestrian and vehicle access to pharmacies, hospitals, physician offices and medical facilities offering or providing vaccines, medicines, antidotes or treatments for communicable diseases. Limitations are intended to prevent the spread of communicable disease and reduce the potential for civil unrest or criminal activity. Limitations on pedestrian and vehicle activity may include:
(1) 
Restrictions on hours of operation and/or treatment.
(2) 
Restrictions on pedestrian and vehicle entrances and exits.
(3) 
Restrictions on the number of people or vehicles in a room, building or parking lot.
(b) 
Penalty for violation. Every person convicted of a violation of any section of this chapter shall be punished by a fine of not less than one dollar ($1.00), nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day that any violation shall continue, it shall constitute a separate offense.
[Ord. No. 2349, § 1, 5-7-2007]
(a) 
[Unlawful.] It shall be unlawful, during a public health emergency, for any person to knowingly or carelessly infect other persons with a communicable disease. It is not necessary for a person to know they were contagious at the time the infection is spread. A person having exposure to a communicable disease is considered contagious during the longest period of communicability of said disease.
(b) 
[Precautions.] A person shall be guilty of carelessly infecting others by not taking simple precautions to prevent the spread of a communicable disease. Precautions include, but are not limited to:
(1) 
Unprotected sneezing or coughing in public places.
(2) 
Appearing in public places while displaying symptoms of a communicable disease.
(3) 
Allowing children or elderly adults in your care, custody or control, to associate with someone displaying symptoms of a communicable disease.
(c) 
Penalty for violation. Every person convicted of a violation of any section of this chapter shall be punished by a fine of not less than one dollar ($1.00), nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day that any violation shall continue, it shall constitute a separate offense.