The city council adopts the National Incident Management System
dated March 1, 2004.
(Ordinance 0002-02-2008 adopted 2/4/08)
There is hereby created the municipal civil defense and disaster
relief committee of the city, which shall consist of the following:
(1)
The
mayor of the city, who shall serve as chairman of the committee, and
who shall also be known as municipal defense coordinator of the city.
(2)
The
assistant defense coordinator of the city, who shall be charged with
the preparation of a civil defense plan for the city, together with
such other duties as the coordinator may prescribe. The assistant
coordinator shall be appointed by and hold his position at the pleasure
of the municipal defense coordinator. The assistant coordinator shall
serve as vice-chairman of the municipal civil defense and disaster
relief committee of the city.
(3)
The
directors of divisions and chiefs of services of such divisions as
may be provided for by resolution by the city council or by directive
of the municipal defense coordinator.
(4)
Representatives
not to exceed seven (7) in number from civic, business, industry,
labor, veterans, professional, or other groups, to be selected and
appointed by the mayor.
(1998 Code, sec. 1.1201)
The powers and duties of the municipal civil defense and disaster
relief committee 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 and disaster
relief committee 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 herein, as
well as a continuing study of the need for amendments and improvements
in the civil defense plan adopted by the city council. The civil defense
and disaster relief committee of the city shall meet upon the call
of either the chairman or vice-chairman.
(1998 Code, sec. 1.1202)
The mayor of the city is hereby authorized to join with the
county judge and the mayors of the other cities in the 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.
(1998 Code, sec. 1.1203)
(a)
The
office of municipal defense coordinator is hereby created. The municipal
defense coordinator 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 coordinator 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.
(b)
The
duties and responsibilities of the municipal defense coordinator shall
include the following:
(1)
The control and direction of the actual operation or training efforts
of the civil defense and disaster relief organization of the city;
(2)
The determination of all questions of authority and responsibility
that may arise within the civil defense and disaster relief organization
of the city;
(3)
The maintenance of necessary liaison with other municipal, district,
state, county, regional, federal, or other civil defense organizations;
(4)
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;
(5)
The issuance of all necessary proclamations as to the existence of
an emergency and the immediate operational effectiveness of the civil
defense 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
clerk 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 the
city is located and with other municipalities within the county, for
the countywide coordination of efforts in defense and disaster relief;
(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 air raid shelter and other purposes.
(1998 Code, sec. 1.1204)
The operational civil defense and disaster relief organization
of the city shall consist of the officers and employees of the city
designated by the municipal defense coordinator 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 or the municipal
defense coordinator shall provide by directive. 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 division. Insofar as possible, the form of organization, titles
and terminology shall conform to the recommendations of the state
division of emergency management and of the federal government.
(1998 Code, sec. 1.1205)
Each person serving as a member of the municipal civil defense
and disaster relief committee, or as an officer, employee or volunteer
in any capacity in the municipal civil defense and disaster relief
organization created by resolution or directive pursuant to the authority
herein conferred, shall, prior to assuming their duty or duties, take
an oath which shall be substantially as follows:
I, __________, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Constitution
of the State of Texas, against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I a member or an affiliate of any political
party or organization, group or combination of persons that advocates,
the overthrow of the government of the United States or of this state
by force or violence; and that during such time as I am a member of
the County Civil Defense and Disaster Relief Committee of the County
of Denton, Texas, I will not advocate nor become a member or an affiliate
of any organization, group, or combination of persons or of any political
party that advocates the overthrow of the government of the United
States or of this state by force or violence.
(1998 Code, sec. 1.1206)
(a)
Any
light displayed contrary to any order, rule or regulation promulgated
pursuant to the provisions of this division constitutes a public nuisance,
and, when deemed necessary 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 division.
(b)
Any
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
division and shall be subject to the penalties imposed by this division.
(c)
At
all times when the orders, rules and regulations made and promulgated
pursuant to this division shall be in effect, they shall supersede
all existing ordinances, orders, rules and regulations insofar as
the latter may be inconsistent therewith.
(d)
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.
(e)
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,
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 division shall be liable for any
damage sustained to person 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 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.
(1998 Code, sec. 1.1207)
No person shall have the right to expend any public funds of
the city in carrying out any civil defense 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.
(1998 Code, sec. 1.1208)
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the civil defense 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 civil defense organization of the city, unless authority so to do 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 in accordance with the general penalty provision found in section 1.01.009 of this code.
(1998 Code, sec. 1.1209)
