There exists the office of emergency management director of
the city which shall be held by the mayor in accordance with state
law.
(1)
An
emergency management coordinator may be appointed by and serve at
the pleasure of the director.
(2)
The
director 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 director may delegate authority for
execution of the duties and responsibilities, but final authority
shall remain with the director.
(3)
The
operational emergency management organization of the city shall consist
of the officers and employees of the city so designated by the director
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.
(2001 Code, sec. 36.01)
The duties and responsibilities of the emergency management
director shall include the following:
(1)
Surveying
actual or potential hazards which threaten life and property within
the city and identifying and requiring 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.
(2)
Supervision
of the development and approval of an emergency management plan for
the city and the responsibility to recommend for adoption by the city
council all mutual aid arrangements deemed necessary for the implementation
of such plan.
(3)
Authority
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of seven days except by or with
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.
(4)
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.
(5)
Direction
and control of the operations of the city 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
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 and with other municipalities
within the county, for the county-wide coordination of emergency management
efforts.
(10)
Supervision 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
herein.
(13)
Other requirements as specified in the Texas Disaster Act (chapter
418 of the Government Code).
(2001 Code, sec. 36.02)
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.
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 the time of a disaster.
(2001 Code, sec. 36.03)
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.
(2001 Code, sec. 36.04)
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, 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 estate or
other premises who voluntarily and without compensation grants to
the city a license of 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 or natural or manmade
disaster 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.
(2001 Code, sec. 36.05)
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, 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
unless during a declared disaster. 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.
(2001 Code, sec. 36.06)
(a)
It
shall be unlawful for any person willfully to obstruct, hinder, or
delay any member of the emergency management organization in the enforcement
of any rule or regulation issued pursuant to this article.
(b)
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 emergency management organization of the city, unless authority
to do so has been granted to such person by the proper officials.
(c)
That
pursuant to section 418.173 of the Texas Government Code, any person
or corporation violating any of the provisions of this article, section
or any mayoral order, plan or directive, shall be guilty of a class
C misdemeanor and shall be subjected to a fine not to exceed the sum
of five hundred dollars ($500.00) for each offense; and each and every
day such violation is continued and shall be deemed to constitute
a separate offense.
(2001 Code, sec. 36.06A; Ordinance 20-042 adopted 12/14/20)
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.
(2001 Code, sec. 36.07)
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 section and shall be subject to the penalties imposed by this
code.
(2001 Code, sec. 36.08)
(a)
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 sections, orders, rules, and regulations insofar as the
latter may be inconsistent with this article.
(b)
These
regulations shall not be construed so as to conflict with any state
or federal statute or with any military order, rule, or regulation.
(2001 Code, sec. 36.09)
These regulations are 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,
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 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 persons 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.
(2001 Code, sec. 36.10)
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.
(2001 Code, sec. 36.11)
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 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 to do so has been granted to such person by the proper officials. Convictions for violations of the provisions of this article shall be punishable in accordance with the provisions of section 1.01.012 of this code.
(2001 Code, sec. 36.12)
The master emergency operations plan, attached and incorporated
as exhibit A of Ordinance 02-08 and on file in the offices of the
city, is hereby adopted as the sole emergency operations plan of the
city.
(2001 Code, sec. 36.13)
