City of Anna, TX General Provisions

Aside from the city home-rule charter, the ordinances and other provisions embraced in this codification of the city’s ordinances shall be known and cited as “The Anna City Code of Ordinances,” and once cited in a document or proceeding may then be abbreviated as the “Anna Code.” Within said codification, the title may be abbreviated as “code.”

The purpose of this code is to make the law encompassed by this code more accessible and understandable, by:

Rearranging ordinances into a more logical order;

Employing a format and numbering system designated to facilitate uniform citation of the law and to accommodate further expansion of the law; and

City administrator, city manager, city secretary, chief of police or other city officers.

Eliminating repealed, duplicative, expired, and other ineffective provisions.

(2008 Code, pt. II, art. 1, sec. 1)

§ 1.01.003 Catchlines of articles, divisions and sections.

The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted. No provision of this code shall be held invalid by reason of deficiency or interpretation of any such title or heading.

(2008 Code, pt. II, art. 1, sec. 3; Ordinance adopting 2019 Code)

§ 1.01.004 Definitions and rules of construction.

In the construction of this code and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Generally.

Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

Charter

means the City of Anna, Texas Home-Rule Charter as it now exists or as it may be amended in the future.

City and town.

Each means the City of Anna, Texas.

The term “city administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or department shall be construed to mean the city administrator, city manager, city secretary, chief of police or such other municipal officer or department, respectively, of the City of Anna, Texas.

Code

means The Anna City Code of Ordinances.

Computation of time.

Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

Council.

Whenever the term “council” or “city council” or “the council” is used, it shall mean the city council of the City of Anna, Texas.

County.

The term “county” or “this county” shall mean the County of Collin, Texas.

Delegation of authority.

Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.

Gender.

A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

Joint authority.

Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

May.

The word “may” is permissive.

Month.

The word “month” shall mean a calendar month.

Must and shall.

Each is mandatory.

Number.

Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

Oath.

The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Official time standard.

Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the city.

Or, and.

The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.

Owner.

The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person.

The word “person” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals. The term “person” includes an individual, company, joint stock company, firm, proprietorship, business, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, co-partnership, association, and any other legal entity or their legal representatives, agents or assigns. Notwithstanding any other provision of the code, each and every code provision, including but not limited to every prohibition, requirement, and penalty, applies to both natural persons and corporations, partnerships, and all other legal entities or organizations whether or not referenced in this paragraph, and each provision of the code must be read to incorporate this sentence as if set forth in full therein.

Preceding, following.

The terms “preceding” and “following” mean next before and next after, respectively.

Property.

The word “property” shall mean and include real and personal property.

Public place

means any public road, street, alley, park, building or other property of the city or any other places to which people commonly resort for the purpose of business, recreation or amusement.

Real property.

The term “real property” shall mean and include lands, tenements and hereditaments.

Sidewalk.

The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription.

A signature or subscription shall include a mark when a person cannot write.

State.

The term “the state” or “this state” shall be construed to mean the State of Texas.

Street.

The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.

Tense.

Words used in the past or present tense include the future, as well as the past and present.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A.

Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.

Written or in writing.

The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

Year.

The word “year” shall mean a calendar year.

(2008 Code, pt. II, art. 1, sec. 2; Ordinance adopting 2019 Code)

§ 1.01.005 Severability of parts of code.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section.

(2008 Code, pt. II, art. 1, sec. 12; Ordinance adopting 2019 Code)

§ 1.01.006 Repeal of ordinances.

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed.

(Ordinance adopting 2019 Code)

§ 1.01.007 Amendments or additions to code.

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances.

(2008 Code, pt. II, art. 1, sec. 9; Ordinance adopting 2019 Code)

§ 1.01.008 Supplementation of code.

By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.

(c)

When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

Organize the ordinance material into appropriate subdivisions;

Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance material inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

(2008 Code, pt. II, art. 1, sec. 10; Ordinance adopting 2019 Code)

§ 1.01.009 General penalty for violations of code; continuing violations.

Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in this code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).

A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, other than the dumping of refuse, may not exceed two thousand dollars ($2,000.00).

(c)

A fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed four thousand dollars ($4,000.00).

(d)

A person convicted of an offense under title 7, subtitle C, Transportation Code (the Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be punished by a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00) plus such other penalties and costs as may be provided by such subtitle C.

(e)

Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a culpable mental state.

(f)

No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.

(g)

Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.

(h)

In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(2008 Code, pt. II, art. 1, sec. 11; Ordinance adopting 2019 Code)

§ 1.01.010 History notes.

The history notes appearing in parentheses after sections in this code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the sections.

(2008 Code, pt. II, art. 1, sec. 4)

§ 1.01.011 Editor’s notes and references.

The editor’s notes, charter references, and state law references in this code are not intended to have any legal effect but are merely intended to assist the user of this code.

(2008 Code, pt. II, art. 1, sec. 5)

§ 1.01.012 Internal references.

A reference to a chapter, article, division, part, section or subsection without further identification is a reference to the part, article, section or subsection of this code in which the reference appears.

(2008 Code, pt. II, art. 1, sec. 6)

§ 1.01.013 Reference to ordinance revised by code.

A reference in an ordinance or a part of an ordinance revised by or incorporated into this code is considered to be a reference to the part of this code that revises or incorporates that ordinance or part of the ordinance.

(2008 Code, pt. II, art. 1, sec. 7)

§ 1.01.014 Code does not affect prior offenses, rights or other acts.

Nothing in this code or the ordinance adopting this code affects any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this code.

(2008 Code, pt. II, art. 1, sec. 8)

§ 1.01.015 Miscellaneous actions and ordinances not affected by code.

Nothing in this code or the ordinance adopting this code shall affect:

Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this code;

Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness;

Any contract or obligation assumed by the city;

Any right or franchise granted by the city;

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting the right-of-way of any street or public way in the city;

(6)

Any ordinance relating to municipal street maintenance agreements with the state;

(7)

Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget;

(8)

Any ordinance relating to local improvements and assessments therefor;

(9)

Any ordinance annexing territory to the city or discontinuing territory as a part of the city;

(10)

Any ordinance dedicating or accepting any plat or subdivision in the city;

(11)

Any ordinance pertaining to the calling of municipal elections and appointing of election officers;

(12)

Any ordinance adopting personnel policies, procedures, rules and regulations;

(13)

Any ordinance establishing rates to be charged by privately or semi-publicly owned utility companies; or

(14)

Any ordinance approving planned development districts, or pertaining to the issuance of specific use permits or the granting of variances.

All such actions and ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code.

(2008 Code, pt. II, art. 1, sec. 13; Ordinance adopting 2019 Code)

ARTICLE 1.02 EMERGENCY MANAGEMENT

§ 1.02.001 County emergency management plan adopted.

The city has adopted the Collin County emergency management plan which services all Anna residents within the city limits of Anna.

Editor’s note–Ordinance 746 adopted 6/13/17 adopted the updated version of the county emergency operations plan dated March 1, 2016.

(Ordinance 94-07 adopted 7/12/94; 2008 Code, pt. II, art. 15, sec. 1)

§ 1.02.002 Organization and designation of office.

There exists an office of emergency management for the city, which is constituted under applicable state law as follows:

Emergency manager.

As presiding officer of the governing body of the city, directly charged with certain duties or granted certain powers by the Texas Disaster Act of 1975, and as ordered by the governor of the state under authority of the act, the mayor is designated as the emergency management director, deemed the "emergency manager" for the city. Under the Texas Disaster Act, the mayor must notify the governor's division of emergency management and shall identify the emergency management coordinator as the person who heads the agency responsible for the emergency management program.

The emergency manager is encouraged to seek advice from other local governments, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders in the development and review of the emergency management program, under the Texas Disaster Act of 1975.

Division of emergency management.

The division of emergency management for the city is hereby established within the jurisdiction under the direct supervision of the city's fire chief. Such office shall be a division of the city fire department and shall report directly to the fire chief. Such division shall be filled by appointment by the fire chief.

The function of the division shall be the implementation, administration, and enforcement of the provisions of this article. The emergency manager, city fire chief, and members of the division have emergency powers in performing their duties under this article. The fire chief, or his/her designated representative, is hereby authorized and directed to enforce by law all provisions of this article as adopted.

Emergency management coordinator.

By this article, the city's fire chief shall have the responsibility of nominating an emergency management coordinator (EMC) for appointment by the mayor. The EMC shall serve at the discretion of the city's fire chief and shall be an employee position with the city subject to the city's personnel policies and other applicable law, regulations and policies. The EMC may serve at the discretion of the emergency manager during emergency operations only. The city's fire chief and/or the EMC may detail such members of the fire department or other city departments to perform duties necessary to the emergency management division and each member so assigned shall be authorized to enforce the provisions of this article.

The emergency manager shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. The emergency manager shall delegate all authority for execution of these duties to the EMC, however, the ultimate responsibility for such execution remains with the emergency manager. Once an emergency is declared, all responsibility for adequate and legally appropriate actions shall remain with the emergency manager. Additionally, the emergency manager shall retain the ultimate responsibility for such implementation and execution and shall certify the city's emergency management plan and any mutual aid emergency management plan.

Operational emergency management organization. The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the emergency manager in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.003 Duties.

The duties and responsibilities of the emergency manager shall include the following:

Surveying actual or potential hazards which threaten life and property within the city and identifying and requiting 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.

Supervision or delegation of the development and approval of an emergency management plan for the city and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan. Such emergency management plan and any changes shall become effective upon approval of the city manager. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out its provisions. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster:

Establishing wage, price and rent controls and other economic stabilization methods in the event of disaster.

Establishing curfews, blockades, and limitations on utility usage in an area affected by a disaster, rules governing ingress and egress to the affected area, and other security measures.

Authority to declare a local state of disaster. The declaration may continue in force until such time as the city council has been able to meet and consider the existing situation. The council determines the extent of disaster and may either ratify the declaration, if still in effect at the time of meeting, extend or renew the declaration, if it has expired and is warranted by the situation, or declare the state of disaster to be ended. In no event may a local state of disaster, declared by the mayor, continue in effect for a period in excess of seven (7) days without the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary.

Issuance of necessary proclamations, regulations, or directives, which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.

Direction and control of the operations of the city's emergency management organization as well as the training of emergency management personnel.

(6)

Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.

(7)

Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations.

(8)

Marshaling 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.

(9)

Supervision or delegation 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 county-wide coordination of emergency management efforts.

(10)

Supervision or delegation 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 .

(11)

Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.

(12)

Surveying the availability of existing personnel, equipment, supplies, and services, which could be used during a disaster as provided for in this section.

(13)

Certifying that all emergency management response personnel to include elected officials and city staff complete the appropriate ICS and National Incident Management System (NIMS) training according to the city's emergency management plan and city policies.

(14)

Ensuring that violations of this article related to interfering with the legal obligations, duties, or appropriate response protocols of the division of emergency management during an emergency operation are prohibited and enforcement actions are taken immediately. This includes any elected individual, interest group, or civilian attempting to influence or interfere with the duties of emergency management officials or response personnel. Such interference shall be considered a misdemeanor punishable by a fine of up to two thousand dollars ($2,000.00).

(15)

Overseeing the activation of the incident command system (ICS) in accordance with the city's emergency management plan. This includes the seamless integration of all advisory personnel and officials (sworn and non-sworn) and allocation of all required operational resources. Advisory and operational officials shall include the policy group which consists of the emergency manager/mayor, emergency management coordinator, incident commander, city manager, city attorney, public information officer (PIO), safety officer, and liaison officer. Operational officials shall include a section chief to supervise the operations section, planning section, logistics section, and the finance section.

(16)

Maintain necessary liaisons and coordinate cooperative activities with other municipal, county, district, regional, state, federal, and other civil defense relief organizations.

(17)

Other requirements as specified in the Texas Disaster Act (chapter 418 of the Government Code).

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.004 Other powers and duties.

After the declaration of a local state of disaster, the mayor, as emergency management director, may in the interest of public safety and welfare, subject to confirmation or revocation by the city council, issue an order to:

Evacuate all or part of the population of an area of the city that has been stricken or is threatened if necessary for the preservation of life or other disaster mitigation, response, or recovery effort.

Prescribe routes, modes of transportation, and destinations in connection with an evacuation.

Control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles.

Establish curfews and/or blockades.

(6)

Suspend or limit the use of utilities.

(7)

Implement other security measures necessary to protect life and secure property.

(8)

Protect life and property by such means as are imminently necessary and authorized under state law.

(9)

Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law.

(10)

Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.005 Emergency management plan.

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management of the state . Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during an emergency operation or disaster.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.006 Interjurisdictional program.

The mayor is hereby authorized to join with the county judge of the County of Collin and the mayors of the other cities in said county in the formation of an interjurisdictional emergency management program for the county and shall have the authority to cooperate in the preparation of an interjurisdictional 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.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.007 Override.

At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.008 Liability; no waiver.

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, including without limitations the agents and representatives of said 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 article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real 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 staging, preparing, dispatching, storing, and/or sheltering persons during an actual, impending, or practice enemy attack or natural or manmade disaster shall, together with his/hers 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, any public or private property. The city does not waive its sovereign immunity from suit and/or liability or any other governmental immunity it may have under applicable law. The city does not any limitations on claims against the city under applicable law.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.009 Commitment of funds.

Unless during a declared disaster, no person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council. Unless during a declared disaster, no person shall have any right to bind the city by contract, agreement, or otherwise without prior and specific approval of the city council. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property.

(Ordinance 1010-2022 adopted 10/11/2022)

§ 1.02.010 Offenses and penalties.

No person may:

Violate the terms of this or any other provision adopted to carry out the city's emergency management functions or order issued under the authority of this article.

Willfully obstruct, hinder, or delay any member of the city's emergency management organization in the enforcement of any order issued under the authority of this article.

Operate a siren, electronic communications software/program/application, or other device so as to simulate a warning signal or terminate an official warning signal, unless authorized.

Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of the city's emergency management organization, unless the individual has been designated as a member of the organization by the office of emergency management.

Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of an organization participating in the official response to the local state of disaster, unless the individual has been designated as a member of that organization by an appropriate official of that organization.