There is hereby created the City of Lubbock civil defense organization
which shall consist of the following:
(1)
The
mayor of the city who with the members of the city council shall direct
the activities of the civil defense organization.
(2)
The
civil defense director of Lubbock, who shall be charged with the preparation
of a civil defense plan for the city, together with such other duties
as the city council may prescribe. The director shall be appointed
by the city manager in accordance with the provisions of the charter
of the city pertaining to appointments of officers and employees of
the city.
(1959 Code, sec. 7-1; Ordinance
3962, sec. 1, adopted 11/20/1962; 1983 Code, sec. 10-8)
The operational civil defense organization of the city shall
consist of the officers and employees of the city designated by the
mayor and city council as well as all volunteer municipal defense
workers. The functions and duties of this organization shall be distributed
among such divisions, services and special staff as the city council
shall prescribe by resolution. Any such resolution or directive shall
set forth the form of organization, establish and designate divisions
and services, assign functions, duties and powers and designate officers
and employees to carry out the provisions of this article. Insofar
as possible, the form of organization, titles and terminology shall
conform to the recommendations of the state defense and disaster relief
council and of the federal government.
(1959 Code, sec. 7-5; Ordinance
3962, sec. 5, adopted 11/20/1962; 1983 Code, sec. 10-14)
The powers and duties of the Lubbock civil defense organization
shall include the recommendation for adoption by the city council
of a civil defense plan for the city, and the recommendation for adoption
by the city council of any and all mutual aid plans and agreements
which are deemed essential for the implementation of such civil defense
plan. The duties of such civil defense director shall also include
the making of a survey of the availability of existing personnel,
equipment, supplies and services which could be used during an emergency,
as provided for in this article, as well as a continuing study of
the need for amendments and improvements in the civil defense plan
adopted by the city council.
(1959 Code, sec. 7-2; Ordinance
3962, sec. 2, adopted 11/20/1962; 1983 Code, sec. 10-9)
This article 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 said city
nor any individual, receiver, firm, partnership, corporation, association
or trustee or 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 article shall be liable
for any damage sustained to persons or property 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 his 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.
(1959 Code, sec. 7-11; Ordinance
3962, sec. 11, adopted 11/20/1962; 1983 Code, sec. 10-2)
The mayor shall have the authority to request the declaration
of the existence of an emergency by the city council or by higher
authority. In the event it is deemed necessary to declare the existence
of an emergency without delay, the mayor may, if the city council
is not in session, do so, but such action shall be subject to confirmation
by the city council at its next meeting.
(1959 Code, sec. 7-4; Ordinance
3962, sec. 4, adopted 11/20/1962; 1983 Code, sec. 10-11)
(a)
The
control and direction of the actual operation or training efforts
of the civil defense organization of the city shall be the responsibility
of the city manager.
(b)
The
determination of all questions of authority and responsibility that
may arise within the civil defense and disaster relief organization
of the city shall be the responsibility of the city manager.
(c)
The
maintenance of necessary liaison with other municipal, district, state,
county, regional, federal or other civil defense organizations shall
be the responsibility of the city manager.
(d)
The
marshaling, after declaration of an emergency 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 civil defense plan shall
be the responsibility of the city manager.
(1959 Code, sec. 7-4; Ordinance
3962, sec. 4, adopted 11/20/1962; 1983 Code, sec. 10-12)
The issuance of all necessary proclamations as to the existence
of an emergency and the immediate operational effectiveness of the
civil defense plan shall be the responsibility of the mayor and the
city council. The mayor and city council shall be responsible for:
(1)
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 will be of
aid and comfort to the enemy.
(2)
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 said
city is located and with other municipalities within the county for
the countywide coordination of efforts in defense and disaster relief.
(3)
The
supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions.
(4)
The
authorizing of agreements, after approval of the city attorney, for
the use of private property for air raid shelter and other purposes.
(1959 Code, sec. 7-4; Ordinance
3962, sec. 4, adopted 11/20/1962; 1983 Code, sec. 10-13)
At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede all existing ordinances, orders, rules and regulations insofar
as the latter may be inconsistent therewith.
(1959 Code, sec. 7-9; Ordinance
3962, sec. 9, adopted 11/20/1962; 1983 Code, sec. 10-3)
This article shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule
or regulation.
(1959 Code, sec. 7-10; Ordinance
3962, sec. 10, adopted 11/20/1962; 1983 Code, sec. 10-4)
It shall be unlawful for any person wilfully to obstruct, hinder
or delay any member of the civil defense organization in the enforcement
of any rule or regulation issued pursuant to this article or to do
any act forbidden by any rule or regulation issued pursuant to the
authority contained in this article. 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 civil defense organization
of the city, unless authority so to do has been granted to such person
by the proper officials.
(1959 Code, sec. 7-13; Ordinance
3962, sec. 13, adopted 11/20/1962; 1983 Code, sec. 10-1)
An unauthorized person who shall operate a siren or other device
so as to simulate a blackout signal or air raid, or the termination
of a blackout or air raid, shall be deemed guilty of a violation of
this article.
(1959 Code, sec. 7-8; Ordinance
3962, sec. 8, adopted 11/20/1962; 1983 Code, sec. 10-5)
Any light displayed contrary to any order, rule or regulation
promulgated pursuant to the provisions of this article constitutes
a public nuisance and, when deemed necessary or in order to protect
life or property during blackouts or air raids, the police are authorized
and directed to enter upon any premises within the city, using reasonable
force, and extinguish lights or take other necessary action to make
effective any order, rule or regulation promulgated under the authority
conferred by this article.
(1959 Code, sec. 7-7; Ordinance
3962, sec. 7, adopted 11/20/1962; 1983 Code, sec. 10-6)
No person shall have the right to expend any public funds of
the city in carrying out any civil defense activity authorized by
this article 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.
(1959 Code, sec. 7-12; Ordinance
3962, sec. 12, adopted 11/20/1962; 1983 Code, sec. 10-7)
The mayor of the city is hereby authorized to join with the
county judge and the mayors of the other cities in said county in
the formation of a civil defense and disaster relief council for the
county and shall have the authority to cooperate in the formation
of a civil defense plan for the county and in the appointment of a
civil defense director for the county, as well as all other powers
necessary to participate in a countywide program of civil defense
and disaster relief insofar as said program may affect the city.
(1959 Code, sec. 7-3; Ordinance
3962, sec. 3, adopted 11/20/1962; 1983 Code, sec. 10-10)
(a)
Overcharging prohibited.
In order to preserve, protect,
or sustain the life, health, or safety of persons or their property,
it shall be unlawful, during the duration of a state of emergency
or subsequent recovery period in which the City of Lubbock has been
declared or designated as a disaster area, for any person, firm, or
corporation located in the City of Lubbock to overcharge for any goods,
materials, services, or housing sold or rented within the corporate
limits of the city.
(b)
Overcharge.
State of emergency or state of disaster.
Subsequent recovery period.
Definitions.
The term “overcharge” or “overcharging”
is defined as charging a price for goods, materials, services, or
housing, which is substantially in excess of the customary charges
or in applicable cases substantially in excess of the supplier’s
or provider’s costs for such goods, materials, services or housing.
The existence of overcharging shall be presumed from a substantial
increase in the price at which the goods, materials, services, or
housing was offered in the usual course of business immediately prior
to the onset of the emergency. The presumption may be overcome by
a showing that the increase in charge is directly related to increases
in costs to the supplier attributable to the higher costs of materials,
supplies, and labor costs resulting from the state of emergency or
state of disaster.
The term “state of emergency” or “state of disaster” is defined as a condition declared by the governor of the State of Texas or the mayor of the City of Lubbock, pursuant to chapter 418 of the Texas Government Code, or article 1.04 of the Code of Ordinances, City of Lubbock, Texas, and includes any renewals or extensions of those declarations.
The term “subsequent recovery period” is defined
as that period during which the emergency or disaster continues to
cause substantial disruptions in the disaster area, but shall not
exceed thirty (30) days after the declaration of the state of emergency
or state of disaster has been terminated by the governor for the State
of Texas or by the mayor of the City of Lubbock.
(c)
Penalty.
A violation of any provision of this section
shall be deemed a misdemeanor punishable by a fine not to exceed two
thousand dollars ($2,000.00).
(1983 Code, sec. 10-16; Ordinance 10223, secs. 1–3, adopted 12/9/1999)
