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Chapter 7
CIVIL DISASTERS AND EMERGENCIES*
Art. I. In General, §§ 7-1—7-15
Art. II. Local Organizations for Disaster Planning, §§ 7-18—7-40
Art. III. Civil Emergencies, §§ 7-41—7-46
ARTICLE I. IN GENERAL
Secs. 7-1 – 7-15. Reserved.
ARTICLE II. LOCAL ORGANIZATION
FOR DISASTER PLANNING*
Sec. 7-16. Created.
There is hereby created the local organization for disaster planning for the preparation and carrying out of all the emergency functions other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters caused by all natural or human causes in accordance with RSMo Ch. 44.
(Code 1970, § 6-11)
*Cross reference – Administration, Ch. 2.
State law reference – Creation of municipal disaster planning organization mandated, powers and duties of organization and its coordinator, RSMo 44.080.
Sec. 7-17. Composition.
The local organization for disaster planning shall consists of a coordinator and other additional members to be selected by the coordinator in order to conform to the state organization and procedures for the conduct of emergency operations as outlined in the state survival plan. (Code 1970, § 6-12)
*Cross reference – police, Ch. 17.
State law reference – Civil defense, RSMo Ch. 44.
Sec. 7-18. Functions.
The local organization for disaster planning shall perform such civil defense functions within the municipality as shall be prescribed in and by the state civil defense plan and program prepared by the governor, and such orders, rules and regulations as may be promulgated by the governor, and in addition shall perform such duties outside the city limits as may be required pursuant to any mutual aid agreement with any other public or private agency entered into as provided by RSMo 44.090 or the state survival plan.
(Code 1970, § 6-13)
Sec. 7-19. Appointment of coordinator.
The coordinator of the local organization for disaster planning may be appointed by the city manager and shall serve until removed by the same.
Code 1970, § 6-15)
Sec. 7-20. Responsibilities of coordinator.
The coordinator shall have direct responsibility for the organization, administration, and operations of the local organization for disaster planning, subject to the direction and control of the city council.
(Code 1970, § 6-15)
Sec. 7-21. Powers of city council.
In carrying out the provisions of this article, the city council may:
(1) Appropriate and expend funds, make 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 any enemy attack; 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.
(2) Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without compensation.
(3) In the event of enemy attack, waive the provisions of statutes requiring advertisement for bids for the performance of public work or entering into contracts.
(Code 1970, §§ 6-16—6-18, 6-31)
Sec. 7-22. Civil defense police officers and firefighters – Powers and duties.
Persons appointed as civil defense police officers or civil defense firefighters shall have the same powers and duties of regular police officers and firefighters when on actual duty.
(Code 1970, § 6-32)
Cross reference – Fire department, § 10-16 et seq; police department § 17-16 et seq.
Sec. 7-23. Same – Control of police officers.
When on actual duty, civil defense police officers shall be under the direct and exclusive control of the chief of police.
(Code 1970, § 6-33)
Sec. 7-24. Same – Control of firefighters.
When on actual duty, civil defense firefighters shall be under the direct and exclusive control of the fire chief.
(Code 1970, § 6-34)
Sec. 7-25. Political activity by organization prohibited.
The local organization for disaster planning shall not participate in any form of political activity, nor shall it be used directly or indirectly for political purposes.
State law reference - Similar provisions, RSMo 44.113.
Sec. 7-26 Oath.
Every person appointed to serve in any capacity in the local organization for disaster planning shall, before entering upon his duties, subscribe to the oath prescribed in RSMo 44.115.
(Code 1970, § 6-19)
Cross reference – Oath for city officials generally, § 2-79
Sec. 7-27. Office space.
The city manager or council is hereby authorized to designate space in any municipality owned or leased building for the local organizations for disaster planning as its office.
(Code 1970, § 6-20)
Sec 7-28 – 7-40 Reserved.
ARTICLE III. CIVIL EMERGENCIES*
Sec 7-41. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectfully ascribed to them:
Civil emergency shall mean:
(1) A riot or unlawful assemble characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by ten (10) or more persons acting together without authority of law;
(2) Any natural disaster or man-made calamity including flood, conflagration , cyclone, tornado, earthquake or explosion within the city limits 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 he public health, safety and welfare.
Curfew shall mean a prohibition against any person walking, running, loitering, standing, or motoring upon any alley, street, highway, public property or vacant premises within the city limits, excepting persons officially designated to duty with references to a civil emergency.
Mayor shall mean the mayor of the city, or in his absence or inability to act, the chairman protem.
(Code 1970, § 16-42)
Cross reference – Definitions and rules of construction generally, §, 1-2.
*Cross reference – Offenses against public order, § 14-81 et seq.; snow emergency routes, § 23-331 et seq.
Sec. 7-42. Mayor to proclaim existence of civil emergency.
When in the judgment of the mayor a civil emergency is deemed to exist within the city, the mayor shall forthwith proclaim in writing from existence thereof.
(Code 1970, § 16-43)
Sec. 7-43. Notification of public.
Any proclamation of a civil emergency or imposition of a curfew by the mayor shall be promptly communicated to all available news media for dissemination to the public, and the original thereof shall be filed in the office of the city clerk.
Sec. 7-44. Imposition of curfew.
After the proclamation of a civil emergency by the mayor, the mayor may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. (Code 1970, § 16-44)
Sec. 7-45. Restriction of activities.
After the proclamation of a civil emergency, the mayor shall, in addition to all other powers granted to him by the laws of the state, this Code and other ordinances of the city, be empowered in the interest of the public safety and welfare and to preserve the peace and order of the city, to exercise any or all of the powers hereinafter granted as follows:
(1) To order the closing of any and all business establishments or private clubs throughout the city or any portion thereof during the period for which the civil emergency exists or during the hours of curfew;
(2) To order a reduction in the use of all utilities throughout the city during the state of civil emergency.
(3) To order the discontinuance of the selling, distributing dispensing or giving away of any firearms or other weapons of any character whatsoever;
(4) To order the discontinuance of the sale, distribution or giving away of intoxicating liquor or nonintoxicating beer;
(5) To order the discontinuance of the selling, distribution or giving away of gasoline or other flammable liquids or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
(6) To order any public place or building, public street or alley, sidewalk, parking area and any other place closed to motor vehicles, persons and pedestrian traffic;
(7) To order the doing of or refraining from all acts necessary and incidental to the protection of life and property.
(Code 1970, § 16-45)
Sec. 7-46. Proclamation to remain in effect; city council to have power to terminate.
A proclamation of civil emergency issued in accordance with the provisions of this article shall remain in effect continuously from the date and time of the issuance thereof for such a period of time as may specifically be prescribed therein or upon the issuance of a proclamation determining the civil emergency no longer exists, whichever occurs first; provided, the city council shall have the power to terminate civil emergency at any time.
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