There is hereby created the office (function) of disaster director
of the City of Hillsboro, which shall be held by the mayor of the
City of Hillsboro in accordance with state law.
(1)
An assistant
disaster director may be appointed by and serve at the pleasure of
the director;
(2)
A disaster
coordinator may be appointed by and serve at the pleasure of the director;
(3)
The
director shall be responsible for carrying out the duties and responsibilities
set forth in Section 1.404 of this article. He may delegate authority
for execution of these duties to the assistant director and/or the
coordinator, but ultimate responsibility for such execution shall
remain with the director.
(1974 Code of Ordinances, Chapter 9, Section 9-1)
The powers and duties of the director shall include supervision
of the development of a disaster services plan for the City of Hillsboro,
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 disaster services plan. The powers of the
director shall include the authority to declare a state of emergency,
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 an emergency,
as provided for herein, as well as a continuing study of the need
for amendments and improvements in the disaster services plan.
(1974 Code of Ordinances, Chapter 9, Section 9-2)
The mayor of the City of Hillsboro is hereby authorized to join
with the county judge of Hill County and the mayors of the other cities
in said county in the formation of a disaster services council for
Hill County and shall have the authority to cooperate in the formation
of a disaster services plan for Hill County and in the appointment
of a disaster coordinator for Hill County, as well as all other powers
necessary to participate in a county-wide program of disaster services.
(1974 Code of Ordinances, Chapter 9, Section 9-3)
The duties and responsibilities of the disaster director shall
include the following:
(1)
The
control and direction of the actual operation or training of the disaster
services organization of the City of Hillsboro.
(2)
The
determination of all questions of authority and responsibility that
may arise within the disaster services organization of the City of
Hillsboro.
(3)
The
maintenance of necessary liaison with other municipal, district, state,
county, regional, federal or other disaster services organizations.
(4)
The
marshaling, after declaration of an emergency as provided for above,
of all necessary personnel, equipment or supplies for any department
of the City of Hillsboro to aid in the carrying out of the disaster
services plan.
(5)
The
issuance of all necessary proclamations as to the existence of an
emergency and the immediate operational effectiveness of the disaster
services plan.
(6)
The
issuance of reasonable rules, regulations or directives which are
necessary for the protection of life and property in the City of Hillsboro,
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.
(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 said
city is located and with other municipalities within the county, for
the countywide coordination of disaster services efforts.
(8)
The
supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions.
(9)
The
authorizing of agreements, after approval of the city attorney, for
the use of private property for public shelter and other purposes.
(1974 Code of Ordinances, Chapter 9, Section 9-4)
The operational disaster services organization of the City of
Hillsboro shall consist of the officers and employees of the City
of Hillsboro so designated by the director in the disaster services
plan, as well as all organized volunteer disaster relief associations
or groups. The functions and duties of this organization shall be
distributed among such officers and employees in accordance with the
terms of the disaster services plan. Such plan shall set forth the
form of the organization, establish and designate divisions and functions,
assign tasks, 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 Disaster Emergency Services Council
of the State of Texas and of the federal government.
(1974 Code of Ordinances, Chapter 9, Section 9-5)
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 article and shall be
subject to the penalties imposed by this article.
(1974 Code of Ordinances, Chapter 9, Section 9-6)
(a)
Any
light displayed contrary to any order, rule or regulation promulgated
pursuant to the provisions of this article shall constitute a public
nuisance.
(b)
When
deemed necessary in order to protect life or property during blackouts
and air raids, the police are authorized 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.
(1974 Code of Ordinances, Chapter 9, Section 9-7)
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 herewith.
(1974 Code of Ordinances, Chapter 9, Section 9-8)
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.
(1974 Code of Ordinances, Chapter 9, Section 9-9)
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 of Hillsboro, the agents and representatives
of said city, or 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 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 of Hillsboro 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.
(1974 Code of Ordinances, Chapter 9, Section 9-10)
No person shall have the right to expend any public funds of
the city in carrying out any disaster services 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,
except as provided by in federal and state laws when the City of Hillsboro
is under an actual major emergency.
(1974 Code of Ordinances, Chapter 9, Section 9-11)
It shall be unlawful for any person willfully to obstruct, hinder
or delay any member of the disaster services 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 disaster services
organization of the City of Hillsboro, unless authority to do so has
been granted to such person by the proper officials.
(1974 Code of Ordinances, Chapter 9, Section 9-12)
The violation of any provision of this article is hereby declared
to be and shall constitute a misdemeanor, which, upon conviction therefor,
shall be punishable by a fine in accordance with the general penalty
provision set forth in Section 1.109 of this code. Each violation
and each day of such violation shall constitute a separate offense.
(1974 Code of Ordinances, Chapter 9, Section 9-13)
