The mayor of the city, by virtue of the authority vested in
him by the constitution and laws of the state, does hereby establish
the National Incident Management System (NIMS) as the standard for
incident management for the city.
(Ordinance 2005-06 adopted 6/23/05)
(a) In
case of national emergency, public shelter managers duly appointed
by the civil defense director shall open public shelters, take charge
of all stocks of food, water, and other supplies stored in said shelter,
admit the public according to the city’s shelter use plan and
take whatever control measures are necessary for the protection and
safety of the occupants.
(b) Shelter managers are authorized to use reasonable restraint against those who refuse to cooperate with the routine of shelter living under emergency conditions. Refusal to carry out the orders of the shelter manager and his appointed staff shall be deemed a misdemeanor punishable by a fine as provided in section
1.01.009 of this chapter.
(Ordinance 6-84-1, secs. 1, 2, adopted 6/25/84)
(a) There
exists the office of emergency management director of the city, which
shall be held by the mayor in accordance with state law.
(b) An
emergency management coordinator may be appointed by and serve at
the pleasure of the director.
(c) The
director shall be responsible for conducting a program of comprehensive
emergency management within the city and for carrying out the duties
and responsibilities set forth in this article. He may delegate authority
for execution of these duties to the coordinator, but ultimate responsibility
for such execution shall remain with the director.
(Ordinance 1992-3, art. 14-1(a),
adopted 4/27/92)
The powers and duties of the director shall include an ongoing
survey of actual or potential major hazards which threaten life and
property within the city, and an ongoing program of 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. As a part of his responsibility in hazard
mitigation, the director shall supervise the development of an emergency
management plan for the county, and shall recommend that plan for
adoption by the city council along with any and all mutual aid plans
and agreements which are deemed essential for implementation of such
emergency management plan. The powers of the director shall include
the authority to declare a state of disaster, but such action may
be subject to confirmation by the city council at its next meeting.
(Ordinance 1992-3, art. 14-1(b),
adopted 4/27/92)
The mayor is hereby authorized to join the county judge in formation
of an emergency management council for the county and shall have the
authority to cooperate in the preparation of a joint emergency management
plan and in the appointment of a joint emergency management coordinator,
as well as all powers necessary to participate in a countywide program
of emergency management insofar as said program may affect the county.
(Ordinance 1992-3, art. 14-1(c),
adopted 4/27/92)
The duties and responsibilities of the emergency management
director shall include the following:
(1) The
direction and control of the actual disaster operations of the city
emergency management organization as well as the training of emergency
management personnel.
(2) The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the city.
(3) The
maintenance of necessary liaison with other county, municipal, district,
state, regional, federal, or other emergency management organizations.
(4) The
marshaling, after declaration of a disaster 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 provisions of the emergency
management plan.
(5) The
issuance of all necessary proclamations as to the existence of a disaster
and the immediate operational effectiveness of the overall emergency
management 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 secretary,
and shall receive widespread publicity unless publicity would 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 for the overall
coordination of emergency management efforts.
(8) The
supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions that may be offered for the purpose of improving emergency
management within the city.
(9) The
authorizing of agreements for use of private property for public shelter
and other purposes.
(Ordinance 1992-3, art. 14-1(d),
adopted 4/27/92)
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. 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 division. Insofar
as possible, the form of organization, titles, and terminology shall
conform to the recommendation of the state division of emergency management
and of the federal government.
(Ordinance 1992-3, art. 14-1(e),
adopted 4/27/92)
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 division and shall be
subject to the penalties imposed by this division.
(Ordinance 1992-3, art. 14-1(f),
adopted 4/27/92)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this division shall be in effect, they shall
supersede and override all existing orders, rules, and regulations
insofar as the latter may be inconsistent therewith.
(Ordinance 1992-3, art. 14-1(g),
adopted 4/27/92)
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.
(Ordinance 1992-3, art. 14-1(h),
adopted 4/27/92)
(a) 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 persons as the result of said activity.
(b) 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 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.
(Ordinance 1992-3, art. 14-1(i),
adopted 4/27/92)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management 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.
(Ordinance 1992-3, art. 14-1(j),
adopted 4/27/92)
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 division,
or to do any act forbidden by any rule or regulation issued pursuant
to the authority contained to this division. It shall likewise be
unlawful for any person to wear, carry or display any emblem or insignia
or any other means of identification as a member of the emergency
management organization of the city or the county, unless authority
to do so has been granted to such person by the proper officials.
(Ordinance 1992-3, art. 14-1(k),
adopted 4/27/92)
Each employee or any individual that is assigned a function
or responsibility shall solemnly swear or affirm to support and defend
the Constitution of the United States, the laws of the state and the
orders of the county.
(Ordinance 1992-3, art. 14-1(l),
adopted 4/27/92)