AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, RELATING TO EMERGENCY MANAGEMENT.
WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri (the “City”), desires to update the City’s existing ordinance that establishes and outlines the City’s preparation for and response to disasters.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:
For the purpose of this Ordinance, the following words and phrases shall have the meaning set forth below, unless the content requires otherwise:
The director of the Rich Hill Emergency Management Division.
Disasters which may result from terrorism, including bioterrorism, or from fire, wind, flood, earthquake, or other natural or man-made causes.
Any state of emergency declared by proclamation by the Governor, or by resolution of the legislature, pursuant to Sections 44.010 to 44.130, RSMo., upon the actual occurrence of a natural or man-made disaster of major proportions within this State when the safety and welfare of the inhabitants of this State are jeopardized.
Government at all levels performing functions, other than functions for which military forces are primarily responsible.
EMERGENCY MANAGEMENT FUNCTIONS
Functions required to prepare for and carry out actions to prevent, minimize and repair injury and damage due to disasters, to include emergency management resources and administration of such economic controls as may be needed to provide for the welfare of the people, either on order of or at the request of State or Federal Government, or at the event State or Federal Government is incapable of administering such control.
There is hereby created within and for the City of Rich Hill, Missouri, a disaster planning and operations organization to be known as the RICH HILL EMERGENCY MANGEMENT DIVISION, which is responsible for the preparation and implementation of emergency management functions required to prevent, minimize and repair injury and damage due to disasters, to include management of resources and administration of such economic controls as may be needed to provide for the welfare of the people in emergency activities, excluding functions for which military forces are primarily responsible, in accordance with the Missouri Civil Defense Act.
This unit shall consist of a director appointed by the mayor with the consent of the majority of the Board of Alderman, and such other members appointed by the director with the consent of the Mayor to conform to State organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.
The division shall perform Emergency Management functions within the City as directed by the Governor during times of emergency pursuant to the provisions of the Missouri Civil Defense Act.
The director shall:
- be appointed as described above and shall serve at the pleasure of the mayor and the Board of Alderman;
- have direct responsibility for the organization, administration, and operations of local disaster planning and processes; and
- shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Rich Hill Emergency Management Division.
Declaration of a state of emergency.
- As the chief elected official of the City, the mayor shall, in the event of a disaster, be responsible for the issuance of a declaration of a state of emergency. Once such a declaration is made, it shall then confer certain discretionary emergency powers to the Director to be employed as prudence and circumstances require.
- Should the mayor be incapacitated or be otherwise unavailable, the mayor pro tem or a simple majority of the Board of Alderman, may declare a state of emergency.
In the event of a disaster, wherein the City or portion of the City is severely affected, the mayor and the director shall, upon the issuance of an official declaration of a state of emergency, have the authority to initiate the following actions in the interests of public safety:
a. Immediately following the declaration of a state of emergency, the mayor or director, may contingent upon existing circumstances, institute the following emergency procedures:
1. Suspend routine governmental services for either the duration of the emergency or until the situation has stabilized to the point that resources may be safely diverted towards the resumption of normal services;
2. Proclaim a general curfew in the affected area, where all persons, excluding emergency service workers, registered volunteers, or those individuals with official sanction, shall be prohibited from entering or transiting designated restricted areas by foot, bicycle, or motor vehicle;
3. Expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil defense purposes; provide for the health and the safety of persons including the emergency assistance to victims of an enemy attack; the safety of property, and direct and coordinate the development of disaster plans and programs in accordance with policies and plans of the Federal and State disaster and emergency planning;
4. Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units or personnel who may serve without compensation;
5. In the event of a disaster, waive the provisions of ordinances requiring advertisements for bids for the performances of public work for entering into contracts;
6. With the approval of the mayor and consistent with all applicable emergency and disaster plans, enter into mutual aid agreements with other public for reciprocal emergency aid;
7. Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for disaster planning and operations purposes;
8. Order and conduct such evacuations as are consistent with the safety and welfare of the general public;
9. Approve excavation, demolition or other related construction type activities irrespective to existing limitations established by City ordinances;
10. Waive vehicle size and weight restrictions set by City ordinances;
11. Coordinate local response and relief efforts with the Federal Emergency Management Agency, the office of the Governor of Missouri, the State Emergency Management Agency, the Missouri National Guard, Bates County, the Red Cross, local jurisdictions, and such other private or governmental agencies as may be applicable;
12. Perform such other measures as are necessary to promote and secure the safety and protection of the citizens of Rich Hill.
b. As the enactment of the full provisions set forth in the preceding Subsection 7.a may not be required in all situations, the mayor and/or director shall have full discretion to initiate those provisions which are most applicable to the circumstances surrounding a given emergency situation.
c. The provisions set forth in the preceding Subsection 7.a shall not generally exceed seven (7) calendar days in duration, but may, with the express approval of the mayor and Board of Aldermen, be extended as circumstances require.
d. The state of emergency shall terminate based on the dated stated in the state of emergency or upon proper termination by the mayor and/or the Board of Aldermen.
No person shall be employed or associated in any capacity in any organization established under this Ordinance, who advocates or has advocated a change by force or violence in the constitutional form of the government of the United State 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 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 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 that I will support and defend the Constitution of the United States, the constitution of the State of Missouri, and the ordinances of the City of Rich Hill, 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 do further swear 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 a time as I am a member of the Rich Hill Emergency Management Division, 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 director shall be compensated in an amount set by the Board of Aldermen, but not less than One Hundred Dollars ($100.00) per month. The director must have a valid driver’s license and maintain a current copy of such with the City Clerk, and provide proof of liability insurance coverage on any personal vehicle(s) used in carrying out his duties and responsibilities as the director.
This Ordinance shall be in force from and after its passage and approval, as provided by law. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
First reading on this 13th day of May, 2020.
Second reading on this 13th day of May, 2020.
PASSED AND APPROVED ON THIS 13TH DAY OF MAY, 2020
Jason Rich, Mayor
Casey Crews, City Clerk
Ayes: Tourtillott, Humble, Kassner