Article I Emergency Planning
Article II Civil Emergency Regulations
As used in this Article, the term "emergency management" shall mean the preparation and implementation of emergency functions, other than functions for which military forces or other State or Federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from incidents of natural or human cause and origin. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, communications, radiological, chemical and explosives services, emergency transportation, plant protection, temporary restoration of public utility services, and all other functions related to civilian protection, together with all other activities necessary or incidental to the mitigation, response and recovery of such issues.
There is hereby created an emergency management organization for the City, in conjunction with actions by the City of Marquand and Madison County, Missouri, known as the "Emergency Preparedness/Disaster Team," which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair 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 activities in accordance with Chapter 44, RSMo., and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
The Emergency Preparedness/Disaster Team shall consist of a common Director, who shall be appointed by the Madison County, Missouri Commission, the Mayor of Fredericktown and the Mayor of Marquand, and other members appointed by said political subdivisions, to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
The Emergency Preparedness/Disaster Team shall perform emergency management functions within the territorial limits of the City and Madison County, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, RSMo.
The Director shall have the direct responsibility for the organization, administration and operation of the Emergency Preparedness/Disaster Team, subject to the direction and control of the presiding County Commissioner, the Mayor of Fredericktown and the Mayor of Marquand.
The Director shall be responsible for the preparation and implementation of an emergency operations plan for the County and Cities. This plan shall address the duties and responsibilities of staff and officials in the event of an earthquake, flood, tornado or other actual or threatened public catastrophe creating conditions of distress or hazard to public health and safety of the citizens of the County and Cities.
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 responsible for the preparation and administration of the annual budget for the emergency management office.
The Director, in conjunction with the Mayor, shall have all the power and authority conferred by State law and are further authorized and empowered to:
Prepare a comprehensive plan and program for the emergency operations and disaster control of the City, and integrate and coordinate such plan and program with the emergency preparedness plan of the Federal government and other municipalities and political subdivisions.
Ascertain the requirements of the City for food, clothing and other necessities in the event of attack or disaster; plan for and procure supplies, medicines, materials, and equipment and, in the event of attack or disaster, use and employ from time to time any of the property, services, and resources within the City for the purposes set forth in this Article; institute training programs and public information programs and make all other preparations to ensure furnishing of adequately trained and equipped forces of emergency response personnel in time of need; direct mobilization of emergency response forces and other tests and exercises; prescribe warnings and signals emergency notification and mechanical devices to be used in connection therewith.
Have authority upon local declination of an emergency to impose travel and access restrictions, curfews, and other temporary mandates, to provide for community order and safety.
Establish agencies and offices and appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this Article.
Delegate any authority vested in him/her under this Article, and provide for the subdelegation of any such authority.
In case of a declared emergency, either local, natural, State or national, public shelter managers, duly appointed by the emergency management coordinator, shall open public shelters, take charge of all stocks of food, water, and other supplies stored or brought into the shelter, admit the public according to the Emergency Preparedness/Disaster Team plan, and take whatever control measures are necessary for the protection and safety of the occupants.
Shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal to carry out the orders of the shelter manager and his/her appointed staff shall be deemed an offense, punishable as provided in Section 100.220.
In accordance with Ch. 44, RSMo., the Mayor, or his or her designee, as Executive Director, may, upon notice of impending disaster or upon occurrence of such event:
Declare that an emergency situation exists within the City, placing in effect the emergency operations and disaster control plan required by this Article.
Expend funds, make contracts, obtain and distribute equipment, materials and supplies for emergency preparedness purposes, provide for the health and safety of persons, including emergency assistance to victims of an enemy attack, and the safety of property, and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of Federal and State disaster and emergency planning.
Appoint, provide, or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without compensation.
With the approval of the Governor and consistent with the State of Missouri Emergency Operations Plan, enter into mutual aid agreements with other public and private agencies within and without the State for reciprocal emergency aid.
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal government for operations or other purposes.
In the event of enemy attack or natural disaster, the Mayor, City Administrator, or Board of Aldermen may waive any time-consuming procedures and formalities otherwise required by statute pertaining to the advertisement for the performance of public work or entering into contracts.
Persons appointed to positions or volunteering services relative to an emergency/disaster shall receive no compensation from public funds of the City for the performance of such duties, unless specifically approved by the Board of Aldermen. With the approval of the Board of Aldermen, any person performing emergency response or recovery duties under this Article may be reimbursed from City funds for reasonable and necessary expenses incurred in the performance of such duties. Inasmuch as proper functioning of emergency response/recovery requires the services of existing City officers and offices, the compensation of any officer or employee of the City called upon to perform duties in connection with an emergency shall not be reduced by reason of any provision contained in this Article.
No person shall be employed or associated in any capacity in any organization established under this Article who advocates or has advocated a change by force or violence in the constitutional form of the government in the United States or in 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 for information charging any subversive act against the United States. Each person who is appointed to serve in an organization 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, __________, 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, 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 a time as I am a member of the Emergency Preparedness/Disaster Team for Madison County, 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."
The presiding Commissioner, the Mayor of Fredericktown and the Mayor of Marquand are authorized to designate space in any County- or City-owned or -leased building for the Madison County Emergency Management office.
The Director of Public Works, or the highest ranking member of the Public Works Department, may render aid to any requesting public safety agency in the State or in a bordering state at the time of a significant emergency such as a fire, earthquake, flood, tornado, hazardous material incident, or other such disaster. The Director of Public Works, or the highest ranking member of the Public Works Department, may render aid to any requesting agency as long as he/she is acting in accordance with the policies and procedures set forth by the governing body of that public safety agency.
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:
- CIVIL EMERGENCY
- Any natural or man-made disaster, including but not limited to enemy attack, sabotage or other hostile action, flood, fire, tornado, earthquake or explosion within the City, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
- Prohibition against any person being or traveling upon any alley, street, highway, public property or vacant premises within the City, except persons officially designated to duty with reference to a civil emergency.
State Law Reference: Definitions, RSMo. § 44.010.
When a civil emergency exists within the City, the Mayor may declare a civil emergency and order a curfew. The curfew order shall be in writing and shall set forth the reason for ordering the curfew, the geographical area to which the curfew applies, the hours the curfew shall be in effect and any exceptions to the curfew the Mayor deems appropriate. The Mayor shall limit the scope and duration of the curfew to meet the specific circumstances of the civil emergency. A curfew order may provide that it shall remain in effect until rescinded by the Mayor or his or her designee. However, no curfew shall remain in effect longer than seven (7) days unless the Board of Aldermen meets and determines that a civil emergency exists and that no less drastic alternative to the curfew can adequately protect the public health, safety and welfare.
The Mayor may order the evacuation of any part of the City where necessary to protect against escaping dangerous gases, explosions, flooding or other dangerous physical conditions.
It shall be unlawful for any person to violate the provisions of this Article or any order issued pursuant thereto or to willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing this article and the orders issued pursuant to this Article.