[1]
Editor’s note–See corresponding note located in Appendix A of this code.
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) 
Definitions.
Overcharge.
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.
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.
Subsequent recovery period.
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)