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BULLETSt. Louis City Revised Code Chapter 3.40 City Emergency Management Agency

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 3.40
City Emergency Management Agency

Sections:

3.40.010 Definitions.
3.40.020 Agency established.
3.40.030 Office expenditures.
3.40.040 Director--Duties and responsibilities.
3.40.050 Mayor's powers--Prior to emergency.
3.40.060 Mayor's powers--Enemy-caused emergency.
3.40.070 Director's duties in natural or man-made emergencies.
3.40.080 Nonliability of City and workers.
3.40.090 Help from other sources.
3.40.100 Oath of office.
3.40.110 Penalty for violation.

Prior ordinance history: Ord. 56848

3.40.010 Definitions.

As used in this chapter, the following terms shall be construed as follows:

A. "Emergency management" means the mitigation, preparation, response, recovery and carrying out of any other related emergency functions, other than functions for which primary responsibility is assigned elsewhere by Federal, State or local law or ordinance, to protect the public peace, health and safety, and to preserve lives and property in the City during any emergency resulting from enemy attack, sabotage or other hostile action, or from any flood, drought, fire, tornado, hurricane, earthquake, storm, air pollution or other catastrophe in or near the City, and involving imminent or actual peril to life and property of the City.

B. "Enemy-caused emergency" means any state of emergency caused by actual or impending attack, sabotage or other hostile action, anywhere within the United States, and involving imminent peril to lives and property in the City.

C. "Man-made emergency" means any state of emergency caused by man, either by accident or premeditation, when such act or acts involve imminent peril to lives and property in the City. This form of emergency is not in conflict with subsection B of this section.

D. "Natural emergency" means any state of emergency caused by an actual or impending flood, drought, tornado, fire, hurricane, earthquake, storm, air pollution or other catastrophe in or near the City, and involving imminent peril to lives and property in City.
(Ord. 60588 2, 1987.)

3.40.020 Agency established.

There is hereby established within the Department of Public Safety a City Emergency Management Agency. This City Emergency Management Agency shall consist of:

A. A City Emergency Management Agency Supervisor, who shall be appointed by the Director of Public Safety in accordance with Article XVIII of the Charter. The Supervisor shall be the executive head of the City Emergency Management Agency, and shall be responsible for carrying out the Emergency Management program of the City. The Supervisor shall receive a salary fixed in accordance with ordinance provisions. The Supervisor shall coordinate the activities of all organizations for emergency management within the City and shall maintain liaison with and cooperate with emergency management agencies and organizations of other governmental units both within and without the State of Missouri, and of the Federal Government, and shall have such additional authority, duties and responsibilities as may be authorized under this chapter, appropriate State or Federal legislation;

B. A City Emergency Management Agency staff, to consist of such technical, clerical, stenographic, and other personnel as deemed necessary by the Supervisor. The Supervisor may employ such personnel, and when they are to be compensated, may make such expenditures within the appropriations therefore, or from other funds made available for Emergency Management, as may be necessary to carry out the purposes of this chapter. In all applicable cases, the system of personnel administration in the City Emergency Management Agency shall be in accordance with the merit system requirements of Article XVIII of the Charter, as supplemented by ordinance rules or regulations;

C. Such other volunteer advisory committees as may be created by the Mayor or Supervisor for the evaluation of technical, professional or other phases of the work of the City Emergency Management Agency; and which may provide advisory assistance on any matters pertaining to the City of St. Louis, Emergency Management Agency.
(Ord. 64562 2, 1998: prior: Ord. 60588 3, 1987.)

3.40.030 Office expenditures.

Appropriate office space, furniture, equipment and supplies as required shall be provided for the City Emergency Management Agency. Expenditures for those purposes, within the appropriation therefore, shall be made only on the authority of the Director. The Director shall also, within the limits of the appropriations therefore, establish a primary and one or more backup control centers as he deems necessary to serve the overall emergency missions.
(Ord. 60588 4, 1987.)

3.40.040 Director--Duties and responsibilities.

The Director shall have general direction and control of the City Emergency Management Agency, and shall be responsible for carrying out the provisions of this chapter. In so carrying out the provisions of this chapter, the Director is expressly authorized to cooperate, insofar as permitted by other appropriate legislation, with the Federal Government, the Government of Missouri and its subdivisions, with other States and their subdivisions, and with private agencies, in all matters pertaining to Emergency Management in St. Louis, Missouri.
(Ord. 60588 5, 1987.)

3.40.050 Mayor's powers--Prior to emergency.

Prior to an emergency as defined in this chapter, the Mayor shall have the following powers:

A. To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration to be given to the plans and powers of the Federal Government, the Government of Missouri and other public and private agencies and organizations empowered to act in all types of disasters;

B. To prepare comprehensive plans and programs for the City Emergency Management Agency in all types of emergencies, such plans and programs to be integrated into and coordinated with the plans and programs of the Federal Government, of the Government of Missouri and of other public and private agencies and organizations empowered to act in either enemy-caused, natural or man-made caused emergencies or any combination thereof;

C. To establish, within the limits of funds available, a public warning system, composed of sirens, horns or other acceptable warning devices;

D. To establish and carry out recruitment and training programs as may be necessary to develop an adequate qualified capability;

E. To conduct drills, exercises and similar programs as may be necessary to develop a well trained and fully prepared Emergency Management capability;

F. To make such studies and surveys, of the industries, resources and facilities of this City as he deems necessary to ascertain their capabilities for Emergency Management and to plan for the most efficient emergency use thereof;

G. On behalf of the City, to enter into mutual aid arrangements with surrounding communities, both in the States of Missouri and Illinois;

H. To delegate any administrative authority vested in him under this chapter, and to provide for the subdelegation of any such authority;

I. To take any other action, proper and lawful under his authority to prepare for all types of disasters.
(Ord. 60588 6, 1987.)

3.40.060 Mayor's powers--Enemy-caused emergency.

In the event of any actual enemy-caused emergency, the Mayor may exercise the power to enforce all rules and regulations relating to Emergency Management and act under the authority of current ordinances of the City of St. Louis, current statutes of the State of Missouri and the applicable sections of the United States Code Annotated. The Mayor may also take control of any means of transportation and communications, any facilities including buildings and plants, and exercise all powers necessary to secure the safety and protection of the general population. In exercising such powers, he shall be guided by regulations, laws and orders issued by the Federal Government, the State of Missouri and the City of St. Louis Emergency Management Agency and shall take no action contrary to orders which may be issued by the Governor under similar emergency powers.
(Ord. 60588 7, 1987.)

3.40.070 Director's duties in natural or man-made emergencies.

In the event of any natural or man-made emergency as proclaimed by the Mayor of St. Louis, the Director of Emergency Management with the approval of the Mayor, and acting under his instructions, shall coordinate in every way proper the activities of the City Emergency Management Agency. He is specifically charged in such emergency with the collection, evaluation, and dissemination of information to all agencies, both public and private participating in the emergency. He shall, as the Director, have the power to recommend appropriate action, but he shall not otherwise exercise control over the participating agencies. He shall also recommend to the Mayor the allocation and distribution of any funds received from the Federal or State Governments or from any other source to help alleviate distress and aid in restoring normal conditions.
(Ord. 60588 8, 1987.)

3.40.080 Nonliability of City and workers.

Neither the City of St. Louis nor any officer or member of the City Emergency Management Agency shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer worker or member of any agency engaged in disaster activity prior to or during any type of disaster, nor shall the City or any such officer or member be liable for the death or injury of any person or damage to property resulting from such Emergency Management activity.
(Ord. 60588 9, 1987.)

3.40.090 Help from other sources.

Whenever the Federal Government or the State of Missouri, or any person, firm or corporation shall offer to the City any services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of Emergency Management, the Mayor may accept such offer and may authorize the Director of Emergency Management to receive same, subject to the terms of the offer and the rules and regulations, if any, of the person, firm, corporation or agency making the offer.
(Ord. 60588 10, 1987.)

3.40.100 Oath of office.

As established by the statutes of the State of Missouri, all persons employed by or associated with the City Emergency Management Agency within the City of St. Louis will be required to comply with Section 44.115 RS Mo., which states as follows:

"No person shall be employed or associated in any capacity in any organization established under Sections 44.010 to 44.130 who advocates or has advocated a change by force or violence in the constitutional form of the Government of 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 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 (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 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 (City Emergency Management Agency), 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.' "
(Ord. 60588 11, 1987.)

3.40.110 Penalty for violation.

Any person or persons violating any of the provisions of this chapter in the City of St. Louis, or who shall fail to carry out any of the provisions of this chapter or to comply therewith, or with any of the orders, rules or regulations made under the authority hereof, shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the City Workhouse not exceeding ninety (90) days, or both.
(Ord. 60588 12, 1987.)


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