The National Incident Management System (NIMS) dated March 1,
2004, is hereby adopted as the standard for incident management by
the city.
(1999 Code, sec. 1.1931)
There exists the office of the emergency management director
of the city, which shall be held by the mayor in accordance with state
law.
(1999 Code, sec. 1.1901)
The powers and duties of the director shall include an ongoing
survey of actual or potential major hazards which threaten life and
property within the city, and an ongoing program of identifying and
requiring or recommending the implementation of measures which would
tend to prevent the occurrence or reduce the impact of such hazards
if a disaster did occur. As part of the director's responsibility
in hazard mitigation, the director shall supervise the development
of an emergency management plan for the city and shall recommend that
plan for adoption by the city council along with any and all mutual
aid plans and agreements which are deemed essential for the implementation
of such emergency management plan. The powers of the director shall
include the authority to declare a state of disaster, but such action
may be subject to confirmation by the city council at its next meeting.
The duties of the director shall also include the causing of a survey
of the availability of existing personnel, equipment, supplies and
services which could be used during a disaster, as provided for herein,
as well as a continuing study of the need for amendments and improvement
in the emergency management plan.
(1999 Code, sec. 1.1902)
The mayor is hereby authorized to join the county judge of Harris,
Waller and/or Fort Bend Counties and the mayors of the other cities
in said counties in the formation of an emergency management council
and shall have the authority to cooperate in the preparation of a
joint emergency management plan and in the appointment of a joint
emergency management coordinator, as well as all powers necessary
to participate in a county-wide program of emergency management insofar
as said program may affect the city.
(1999 Code, sec. 1.1903)
(a)
The
duties and responsibilities of the emergency management director shall
include the following:
(1)
The direction and control of the actual disaster operations of the
city emergency management personnel;
(2)
The determination of all questions of authority and responsibility
that may arise within the emergency management organization of the
city;
(3)
The maintenance of necessary liaison with other municipal, county,
district, state, regional, federal, or other emergency management
organizations;
(4)
The marshaling, after declaration of a disaster as provided for above,
of all necessary personnel, equipment or supplies from any department
of the city to aid in the carrying out of the provisions of the emergency
management plan;
(5)
The issuance of all necessary proclamations declaring a disaster
as defined in V.T.C.A., Government Code, chapter 418, implementing
the emergency management plan;
(6)
The issuance of reasonable rules, regulations or directives which
are necessary for the protection of life and property in the city.
Such rules and regulations shall be filed in the office of the city
secretary and shall receive widespread publicity unless publicity
would be of aid and comfort to the enemy;
(7)
The supervision of the drafting and execution of mutual aid agreements,
in cooperation with the representatives of the state and of other
local political subdivisions of the state, and the drafting and execution,
if deemed desirable, of an agreement with the county in which the
city is located and with other municipalities within the county, for
the county-wide coordination of emergency management efforts;
(8)
The supervision of, and final authorization for, the procurement
of all necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving emergency
management within the city;
(9)
The authorizing of agreements, after approval by the city attorney,
for use of private property for public shelter and other purposes.
(b)
An
emergency management coordinator may be appointed by and serve at
the pleasure of the director after confirmation by the city council.
(c)
The
director shall be responsible for conducting a program of comprehensive
emergency management within the city and for carrying out the duties
and responsibilities set forth herein. The director may delegate authority
for execution of these duties to the coordinator, but ultimate responsibility
for such execution shall remain with the director.
(1999 Code, sec. 1.1904)
An emergency operations plan is adopted in the form of the plan
attached as exhibit A to Ordinance 3134 adopted April 8, 2024. A copy
of the plan signed by the mayor shall be maintained in the office
of the city secretary and true and correct copies shall be distributed
to all city department heads and others assigned responsibilities
under the plan.
(Ordinance 2892 adopted 1/28/19; Ordinance
3134 adopted 4/8/2024)
Any unauthorized person who shall operate a siren or other device
so as to simulate a warning signal, or the termination of a warning,
shall be deemed guilty of a violation of this division and shall be
subject to the penalties imposed by this division.
(1999 Code, sec. 1.1906)
At all times when the orders, rules and regulations made and
promulgated pursuant to this division and the emergency management
plan shall be in effect, they shall supersede and override all existing
ordinances, orders, rules and regulations insofar as the latter may
be inconsistent therewith.
(1999 Code, sec. 1.1907)
This division shall not be construed so as to conflict with
any state or federal statute or with any military or naval order,
rule or regulation.
(1999 Code, sec. 1.1908)
This division is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety,
and neither the city, the agents and representatives of the city,
nor any individual, receiver, firm, partnership, corporation, association,
or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any order, rule,
or regulation promulgated pursuant to the provisions of this division
shall be liable for any damage sustained to persons as the result
of said activity. Any person owning or controlling real estate or
other premises who voluntarily and without compensation grants to
the city a license or privilege or otherwise permits the city to inspect,
designate, and use the whole or any part or parts of such real estate
or premises for the purpose of sheltering persons during an actual,
impending, or practice enemy attack shall, together with said person's
successors in interest, if any, not be civilly liable for the death
of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for loss of,
or damage to, the property of such person.
(1999 Code, sec. 1.1909)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this division without prior approval by the city council, nor shall
any person have any right to bind the city by contract, agreement
or otherwise without prior and specific approval of the city council.
(1999 Code, sec. 1.1910)
It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this division, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this division. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of the provisions of this division shall be punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 1.1911)
Each employee or any individual that is assigned a function
or responsibility shall solemnly swear or affirm to support and defend
the Constitution of the United States, laws of the state and ordinances
of the city.
(1999 Code, sec. 1.1912)
