[Ord. No. 554, 3-21-2020]
This Chapter shall be known as the Mayor’s Emergency Preparedness
and Response Authority.
[Ord. No. 554, 3-21-2020]
This Chapter is enacted to set out and clarify the authority of the City and its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad a power as permitted by Statutory and constitutional authority and to be a supplement to Chapter 225 of this Code of Ordinances.
[Ord. No. 554, 3-21-2020]
When used in this Chapter the following words shall have the
definitions set forth below:
As used in this Chapter, shall include, but not be limited
to, any condition of unrest, riot, civil disobedience, affray, unlawful
assembly, hostile or military or paramilitary action, war, terrorism,
or sabotage, epidemic or any event which results in mass casualties
which may be beyond normal capacity.
As used in this Chapter a disaster, whether natural or man-made,
shall include, but not be limited to, flood, fire, cyclone, tornado,
earthquake, severe high or low temperatures, water contamination or
pollution, land contamination or pollution, air pollution, blizzard,
landslide, mudslide, hurricane, building or structural collapse, high
water table, pandemic disease, epidemic, riot, blight, drought, civil
emergency, utility emergency, severe energy shortages, snow, ice,
windstorm, hazardous substance spills or releases, chemical spills
or releases, petroleum spills or releases, biological matter spills
or releases, radiation releases or exposures, infestation, explosions,
sabotage, mass transportation accidents or public health emergencies.
This definition should not be applied rigidly to exclude situations
not enumerated.
As used in this Chapter a public emergency shall include
but not be limited to the imminent threat or occurrence of a disaster,
civil emergency or utility emergency affecting the City and its residents
and inhabitants where the Mayor determines that the exercise or discharge
of emergency or disaster powers is necessary to save lives, protect
property, protect the public health and safety, or to lessen or to
avert the threat of a catastrophe or calamity within the City.
As used in this Chapter, shall include, but not be limited
to, conditions which endanger or threaten to endanger the safety,
potability, availability, transmission, distribution, treatment, or
storage of water, natural gas, gas, fuel, electricity, communication,
garbage, or sewage.
[Ord. No. 554, 3-21-2020]
A.
All
other City ordinances to the contrary notwithstanding, when the Mayor
determines in the Mayor's sole discretion that a state of public emergency
exists within the City, the Mayor may by proclamation declare a state
of emergency and exercise emergency powers, including but not limited
to all of the following:
1.
The power to direct emergency response activities by City personnel
including but not limited to the Police Department, and by such emergency
services personnel as the Mayor may designate or appoint.
2.
The power to execute contracts for the emergency construction or
repair of public improvements, when the delay of advertising and public
bidding might cause serious loss or injury to the City.
3.
The power to purchase or lease goods and services that the Mayor
deems necessary to the City's emergency response or for construction
or the repair of City facilities, or both, and to acquire and distribute,
with or without compensation, supplies, materials, and facilities.
4.
The power to lease or lend real property, or structures, or both,
that the Mayor deems necessary for the continued operation of City
government.
5.
The power to promulgate rules and orders to implement and clarify
the Mayoral proclamation exercising emergency power.
6.
The power to delegate any or all of these duties and to provide for
sub-delegation.
7.
The Mayor shall be authorized to appoint any commissioned Law Enforcement
Officer in this State as a temporarily commissioned officer of this
City.
8.
The power to transfer, appropriate, or lend between funds as may
be necessary in the circumstances.
B.
The
Mayor is authorized to issue a "hazardous travel advisory" which shall
prohibit all travel on streets within the City limits of the City
except in accordance with the exceptions provided herein. Such prohibition
may be limited to a defined geographical area if the affected area
is less than the entire City.
1.
Such prohibition shall be issued only after consultation with the
City Attorney and upon the following findings:
a.
Severe weather events (other natural or man-made disasters) are occurring
or have occurred inside the City limits; and
b.
Such events have caused the streets to be in a condition where ordinary
care while driving is not enough to prevent the occurrence of an accident;
and
c.
Vehicles on the road will interfere with emergency operations of
the City.
2.
No person in the City shall drive on any public street or road within
the area defined by the Mayor as subject to the advisory after issuance
of the "hazardous travel advisory" until the same has been lifted.
3.
The Mayor shall inform the public of the issuance, or retraction,
of the order by submitting the order to the media for publication
or broadcast.
4.
This prohibition shall not apply to:
a.
Law enforcement agencies;
b.
Fire suppression agencies;
c.
Employees of the City, County or MoDOT, or other public utility providers
involved in repair or cleanup of the emergency, or any subcontractors
involved in the cleanup of the emergency;
d.
Health care professionals; and
e.
Any person who is facing exigent circumstances in which a reasonable
person would infer that driving is an absolute necessity.
5.
In the event the Mayor is unavailable, the President of the Board
of Aldermen shall have the authorities listed in this Section, followed
by the most senior ranked member of the Board of Aldermen.
[Ord. No. 554, 3-21-2020]
In the event of an emergency, the Mayor is authorized to procure
all services, supplies, equipment or materials necessary to continue
the effective operation of the emergency response plan without regard
to normal procedures or formalities normally prescribed by ordinance;
provided, that if the Board of Aldermen is meeting at the time, the
Mayor shall act pursuant to the orders and directions imposed on that
body. In the event of an emergency, the Mayor, by proclamation, may
waive any time-consuming formalities or procedures required by the
provisions of City Ordinances pertaining to the advertisement of bids
for the execution of contracts and for the performance of public work
contracts relevant to the public emergency.
[Ord. No. 554, 3-21-2020]
Notwithstanding any provision of this Code to the contrary, the Mayor, upon declaration of a state of emergency by proclamation as provided in Section 226.040, may authorize the Department Heads or their designees to procure by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurement made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the Mayor and Department Head within thirty (30) days after their procurement, and shall be open to public inspection pursuant to Section 610.010 et seq., RSMo. The Mayor shall, within three (3) months of the conclusion of the emergency, formally communicate these emergency expenditures in a full written account to the Board of Aldermen.
[Ord. No. 554, 3-21-2020]
Proclamations, rules, and orders issued pursuant to Section
221.040 shall be effective upon issuance and shall remain in effect
for a period of up to thirty (30) days or until terminated by the
Mayor or Board of Aldermen, whichever comes first. This period may
be extended by the Mayor only upon approval of the Board of Aldermen.
Upon the expiration of the local state of emergency, those persons
acting pursuant to Section 221.040 shall cease to exercise emergency
powers.
[Ord. No. 554, 3-21-2020]
The violation of a proclamation of emergency, a subsequent proclamation
exercising emergency powers, a rule, or order, which proclamation,
rule or order is issued pursuant to Section 221.040, or the violation
of any order or directive given by a peace officer or designated emergency
services personnel pursuant to authority resulting from Section 221.040
shall be an ordinance violation.
[Ord. No. 554, 3-21-2020]
A.
The
Mayor is authorized to declare a water use emergency under any of
the following conditions:
1.
An equipment failure, large fire, or water main break has caused,
or unless water conservation measures are taken, will cause inadequate
water pressures and flows for fire protection and public health; or
2.
Water system pumping compared to demand is inadequate to maintain
sufficient water reserves to meet expected demands for fire protection
and public health.
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The Mayor's declaration may include all, or any portion of the
City.
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B.
Persons
Affected By Declaration. When the Mayor has declared a water emergency,
the provisions of this Section shall apply to all persons using water,
regardless of whether such person shall have a contract for water
service with any water company or private well.
C.
Uses
And Withdrawal Of Water Prohibited. When the Mayor has declared a
water emergency, the use and withdrawal of water by any person for
the following purposes is hereby prohibited:
1.
Watering Yards. The sprinkling, watering or irrigating of shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens, vegetables,
flowers or any other vegetation.
2.
Washing Mobile Equipment. The washing of automobiles, trucks, trailers,
trailer houses, railroad cars, or any other types of mobile equipment.
3.
Clean Outdoor Surfaces. The washing of sidewalks, driveways, filling
station aprons, porches and other outdoor surfaces.
4.
Cleaning Buildings. The washing of the outside of dwellings and the
washing of the inside and outside of office buildings.
5.
Cleaning Equipment And Machinery. The washing and cleaning of any
business or industrial equipment and machinery.
6.
Ornamental Fountains. The operation of any ornamental fountain or
other structure making a similar use of water.
7.
Swimming Pools. Swimming and wading pools not employing a filter
and recirculating system.
D.
Enforcement.
1.
Police Officers Enforce. Every Police Officer of the City shall in
connection with his/her duties imposed by law diligently enforce the
provisions of this Chapter.
2.
Discontinuance Of Service. The City shall have the authority to enforce
the provisions of this Chapter by the discontinuance of water service
in the event of violation hereof or shall, upon the request of the
Mayor, or any Police Officer, discontinue water service to any building
whose occupants are violating the provisions of this Chapter.
[Ord. No. 554, 3-21-2020]
A.
If
the basis for declaring an emergency is due to a public health crisis,
such as a pandemic, then the Mayor shall be authorized to exercise
the following powers:
[Ord. No. 554, 3-21-2020]
In the event the Mayor is unavailable, the President of the Board of Aldermen shall have the authority listed in Chapter 226. If both the Mayor and President of the Board of Aldermen are unavailable, the longest tenured member of the Board of Aldermen who is available shall have the authority listed in Chapter 226.
[Ord. No. 554, 3-21-2020]
Any person violating any provision of this Chapter shall upon conviction be punished as set out in Section 100.220.
