Section 103-073 Ord. 17169; Amending Chapter 7 RE: Civil Defense and Emergency Operations


Ordinance No.            17169              Council Bill No.           B 30-02            

AN ORDINANCE

amending Chapter 7 of the City Code relating to Civil Defense and Emergency Operations; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 7 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 7-1. Definition.

    A "disaster" is an occurrence such as a tornado, storm, flood, high water, wind-driven water, earthquake, drought, blizzard, pestilence, famine, fire, explosion, building collapse, vehicle wreck, act of terrorism, enemy attack, sabotage or any other natural or man-made 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.

Sec. 7-2. Duties, powers and responsibilities of the mayor city manager.

(a)    The city manager may declare an emergency whenever When a disaster of major proportions is imminent or actually occurs within the city, and the safety and welfare of the inhabitants is jeopardized, or in the event of enemy attack, sabotage or other hostile action, the mayor shall be and is empowered to declare an emergency or that a disaster is imminent or has occurred, or is occurring. In accordance with the Missouri Disaster Operations Plan, and during such emergency the mayor shall be and is authorized to activate all of the rights, duties and responsibilities granted under the Missouri Civil Defense Act and the rules and regulations promulgated pursuant thereto.

(b)    The mayor city manager shall as soon as possible report to the emergency operations center and assume executive control over the city's emergency or disaster response.

(c)    Upon declaration of an emergency or a disaster, the mayor city manager shall have all powers granted to him or to the executive officer of the city, by charter or state statute chapter 44, RSMo and shall take all steps necessary to ensure the health, safety and welfare of all persons within the city limits.

Sec. 7-3. Line of succession in absence of mayor city manager.

(a)    Whenever the mayor is absent from the city or disabled or missing and presumed disabled, the mayor pro tempore shall assume the duties of the mayor If the city manager is absent or disabled, the person designated to be acting city manager under section 19 of the charter shall assume the duties of the city manager.

(b)    If the city manager is absent or disabled and no person designated as acting city manager under section 19 of the charter is available and able to serve as acting city manager, the acting city manager shall be determined in accordance with a line of succession prepared by the city manager and attached as an appendix to the emergency operations plan.

(b)    If the mayor pro tempore is absent from the city or disabled or missing and presumed disabled, the duties of the mayor shall be assumed by that council member with the most cumulative seniority on the city council who is present and able to function in the capacity as mayor.

(c)    Whenever the mayor, mayor pro tempore or senior council member arrives at the emergency operations center fit to assume those duties assigned the mayor by this chapter and the disaster plan he shall assume those duties.

(d)    If neither the mayor, mayor pro tempore nor any member of the city council can be found within the city or fit to assume the duties of the mayor, the city manager or surviving senior department head shall assume the duties of the mayor. The line of succession as to who shall be deemed to be the senior department head shall be determined by the city manager and made a part of the disaster preparedness plan.

(e)    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.

Sec. 7-4. Emergency regulations.

(a)    In the event If a disaster occurs which requires the implementation of the city disaster preparedness emergency operations plan, the mayor or other official assuming the duties of the mayor shall be authorized to establish temporary emergency regulations to ensure the health, safety and welfare of persons within the city.

(b)    In the event or if an emergency occurs which does not require the immediate implementation of the city disaster preparedness emergency operations plan but which requires the extraordinary management of city resources, the city manager shall be is authorized to declare an emergency and establish temporary emergency regulations to ensure the health, safety and welfare of persons within the city.

. . .

    (4)    At the next regular city council meeting after establishing emergency regulations or at a special council meeting held before the next regular council meeting, the city manager shall give a complete report on the emergency to the city council. If the city manager determines that the emergency regulations should remain in effect, he shall have a council bill shall be prepared and presented to the city council which would establish the regulations by ordinance.

(c)    All regulations established pursuant to this section shall have the force of law and any violation of such regulation shall be an infraction punishable by a fine not to exceed two hundred dollars ($200.00).

(b)    Regulations established under this section shall have the force of law. A person who violates the regulation established under this section after receiving notice of the regulation shall be guilty of an offense punishable by a fine not to exceed one-thousand ($1,000.00) or by imprisonment not to exceed three (3) months or by both such fine and imprisonment. All other persons violating a regulation established under this section shall be guilty of an infraction punishable by a fine not to exceed two hundred dollars ($200.00).

Sec. 7-5. Emergency water regulations.

. . .

(b)    After declaring a water use emergency, the city manager shall establish temporary emergency regulations. The procedures and penalties provisions of section 7-4 (b) shall apply to these regulations.

(c)    Regulations established under this section shall have the force of law. A person who violates the regulation established under this section after receiving notice of the regulation shall be guilty of an offense punishable by a fine not to exceed one-thousand ($1,000.00) or by imprisonment not to exceed three (3) months or by both such fine and imprisonment. All other persons violating a regulation established under this section shall be guilty of an infraction punishable by a fine not to exceed two hundred dollars ($200.00).

ARTICLE II. DISASTER PREPAREDNESS EMERGENCY MANAGEMENT ORGANIZATION

Sec. 7-16. Established; duties and responsibilities.

(a)    In accordance with the Missouri Civil Defense Act chapter 44, RSMo and pursuant to the authority of section 22 of the charter, there is hereby created an administrative department division of the city to be known as the office of emergency management Columbia Disaster Preparedness Organization. This department office shall be responsible for the city’s emergency management operations the preparation and implementation of emergency functions 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 safety and welfare of the people, but excluding functions for which the military forces are primarily responsible.

(b)    The office of emergency management Columbia Disaster Preparedness Organization shall perform emergency management functions in cooperation with Boone County and the State of Missouri in accordance with the provisions of chapter 44 RSMo and a cooperative agreement with Boone County the Missouri Civil Defense Act, the City of Columbia/Boone County Cooperation Agreement, April, 1971, and any cooperative agreement hereinafter adopted.

(c)    The basic operational structure of the organization shall consist of existing departments of the city government which will perform emergency activities related to those performed normally. Auxiliary groups will be formed and trained under the direction and control of the operating department they are to support.

Sec. 7-17. Office and headquarters.

    The administrative office and headquarters for disaster preparedness and operations will be in the city emergency operating center in the police and fire building, City of Columbia The city manager shall designate space for emergency operations in any building owned or leased by the city.

Sec. 7-18. Coordinator Administrator; designation and duties.

    The administrative staff of the disaster preparedness organization office of emergency management shall be headed by consist of a coordinator the emergency communications and management administrator. and other additional staff 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 Missouri Disaster Operations Plan.

    (1)    The coordinator administrator shall be appointed and subject to removal by the city manager.

    (2)    The coordinator administrator shall have direct responsibility for the organization, administration and operations of local disaster emergency operations planning subject to the direction and control of the city manager.

    (3)    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, 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 manager.

    (43)    The coordinator administrator shall be responsible for maintaining records on use and disposal of all items of equipment placed under the jurisdiction of the disaster preparedness organization office of emergency management.

    (54)    The coordinator administrator is authorized to submit all materials and sign all documents requested by the state emergency management agency disaster planning and operations office, to qualify the city for participation in federal contributions.

    (5)    The administrator shall be responsible for all training required by Chapter 44 RSMo.

    (6)    The coordinator shall, with the consent in writing of the city manager, 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 shelters, 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.

Sec. 7-19. Powers of city manager and coordinator administrator.

    The city manager and the coordinator administrator, in accordance with the Missouri Civil Defense Act, Chapter 44, Revised Statutes of Missouri RSMo, may:
. . .

    (4)    In the event of declared national or local emergency, or declared local disaster situation, waive the provisions of statutes law requiring advertisements for bids for the performance of public works or entering into contracts.

    (5)    With the approval of the city council and consistent with the Missouri Disaster Emergency Operations Plan, enter into mutual-aid agreements with other public and private agencies within and without the state for reciprocal emergency aid.
. . .

Sec. 7-20. Oath of personnel.

    No person shall be employed or associated in any capacity with the Columbia Disaster Preparedness Organization office of emergency management who advocates or has advocated a change by force or violence in the constitutional form of the government in of the United States or of the state of Missouri 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 the organization office shall, before entering upon his the duties of the position, 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 Columbia Disaster Preparedness Organization office of emergency management, 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.

Sec. 7-21. Development of disaster plan.

(a)    The coordinator shall prepare a comprehensive disaster preparedness plan and a procedure for implementation with the least amount of inconvenience to the public.

(b)    The disaster preparedness plan shall be submitted to the council for approval and submitted for amendment to the council when deemed necessary by the city manager and coordinator.

Sec. 7-22. Periodic implementation of plan.

    The disaster preparedness plan shall be implemented at least once annually by the city manager in order to test its effectiveness in time of emergency and to train city employees in their role under the plan.

Sec. 7-21.  Emergency operations plan.

(a)    The administrator shall prepare a comprehensive emergency operations plan consisting of a basic plan, annex A covering direction and control of the emergency operations center and administrative annexes that implement the basic plan.

(b)    The City Council shall adopt the basic plan and annex A and any amendments to these documents.  

(c)    The city manager shall adopt administrative annexes to the plan that the manager considers necessary or desirable to implement the basic plan.  The city manager shall adopt any amendments to these annexes that the manager considers necessary or desirable.

(d)    The administrator shall review the emergency operations plan annually.  If the administrator believes any changes to the plan are necessary or desirable, the administrator shall recommend such changes to the city manager for appropriate action.

Sec. 7-22.  Testing and training.

The office of emergency management shall conduct exercises, testing and training in accordance with the annual statement of work approved by the State of Missouri Emergency Management Agency (SEMA).

. . .

    ARTICLE III. EMERGENCY ASSISTANCE TO OTHER GOVERNMENTAL AGENCIES

Sec. 7-35. Emergency assistance to other governmental agencies; policies and procedures.

(a)    The city manager or his the manager’s designee may authorize the police department, fire department, public works department, water and light department, public safety joint communications and information center and department office of emergency management to provide assistance to any governmental agency in Missouri or in a bordering state at the time of a significant emergency such as fire, earthquake, flood, tornado, storm, hazardous material incident or civil disturbance.

(b)    Requests for emergency assistance shall be promptly communicated to the city manager or his the manager’s designee.

(c)    Emergency assistance shall not be authorized if, in the opinion of the city manager or his the manager’s designee, the safety of the inhabitants of Columbia would be jeopardized if such assistance were provided.

(d)    This section does not supersede any existing mutual aid agreement, ordinance or resolution.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of February, 2002.