Editor's note–Former section 12-1 pertaining to curfew for minors, was repealed and deleted in its entirety by Ordinance 4117 adopted 9/18/2023. Prior to the deletion this section derived from the following: Ordinance 1244, sec. 1, adopted 3/6/95; Ordinance 1600 adopted 6/15/98; Ordinance 1844 adopted 4/16/01; Ordinance 2067, sec. 1, adopted 3/15/04; Ordinance 3328, sec. 1, adopted 10/17/11; Ordinance 3604, sec. 1, adopted 8/18/14; Ordinance 3807, sec. 1, adopted 8/7/17; Ordinance 3983 adopted 8/17/20.
A.
Organization.
There exists the office of emergency management director of the City of Sachse, 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 section. The director may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(3)
The operational emergency management organization of the City of Sachse 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.
B.
Emergency management director powers and duties.
The duties and responsibilities of the emergency management director shall include the following:
(1)
Conduct an ongoing survey of actual or potential 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.
(2)
Supervision of the development and approval of an emergency management plan for the City of Sachse, and shall 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 with the city secretary.
(4)
Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this section. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to brings 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 of Sachse 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 to 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 in which said city is located and with other municipalities within the county, for the countywide 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)
Survey of 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 Texas Disaster Act 1975.
C.
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 section. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. 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 section and have the effect of law during the time of a disaster.
D.
Interjurisdictional program.
The mayor is hereby authorized to join with the county judge of the County of Dallas and the mayors of the other cities in said county in the formation of an emergency management council for the County of Dallas 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 City of Sachse.
E.
Override.
At all times when the orders, rules, and regulations made and promulgated pursuant to this section shall be in effect, they shall supersede and override any existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.
F.
Liability.
This section 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 Sachse, the agents and representatives of the 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 section 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 Sachse 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 man-made 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.
G.
Commitment of funds.
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this section 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, and property.
H.
Offenses; penalties.
(1)
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 section, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this section.
(2)
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 of Sachse, unless authority to do so has been granted to such person by the proper officials.
(3)
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 section and shall be subject to the penalties imposed by this section.
(4)
Convictions for violations of the provisions of this section shall be punishable by fine not to exceed $500.00.
(Ordinance 1802 adopted 10/16/00)
(a) Minor Permanent residence Premise where children commonly gather Temporary resident
Definitions.
For the purposes of this section, the following terms, words, phrases and the derivations thereof shall have the meanings given herein:
shall mean a person younger than 17 years of age.
shall mean a place where a person abides, lodges, or resides for 14 or more consecutive days.
shall mean a public park, private or public school, day care center as such terms are defined in the Comprehensive Zoning Ordinance of the City of Sachse, any public or non-profit recreational facility, video arcade facility, or children’s oriented eating establishments, as those terms are defined in Article 481.134 of the Health And Safety Code of the State of Texas. For the purposes of this section, planted street medians are not public parks.
shall mean a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where a person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(b)
Offenses.
For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the “database”) because of a violation involving a victim who was a minor as defined herein, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any “premise where children commonly gather.”
(c)
Evidentiary matters; measurements.
(1)
It shall be prima facie evidence that this section applies to such a person if that person’s record appears on the database and the database indicates that the victim was a minor as defined herein.
(2)
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
(3)
A map depicting the prohibited areas shall be maintained by the City of Sachse. The city shall review the map at least annually for changes. Said map will be available to the public at the Sachse Police Department.
(d)
Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this chapter.
(e)
Affirmative defenses.
It is an affirmative defense to prosecution that any of the following conditions apply:
(1)
The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this section.
(2)
The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3)
The person required to register on the database is a minor.
(4)
The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas.
(5)
The information on the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the database.
(f)
Penalty.
An offense under this article shall be deemed to be a misdemeanor and, upon conviction, is punishable by a fine not to exceed $500.00 for each offense.
(Ordinance 2238, sec. 1, adopted 9/18/06)
A.
Purpose.
The purpose of this section is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Sachse.
B.
Definitions.
1.
“Person”
shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
2.
“Illegal smoking product”
shall mean any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:
a.
Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
b.
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methylocatan-2-yl) phenol (also known as CP47, 497) and homologues;
c.
(6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chormen-1-ol) (also known as HU-211 or Dexanabinol);
d.
1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
e.
Butyl-3-(1-naphthoyl) indole (also known as JWH-073).
3.
“Ingestion device”
shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
a.
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
b.
A water pipe;
c.
A carburetion tube or device;
d.
A smoking or carburetion mask;
e.
A chamber pipe;
f.
A carburetor pipe;
g.
An electric pipe;
h.
An air-driven pipe;
i.
A chillum;
j.
A bong; or
k.
An ice pipe or chiller.
C.
Sell, offer, gift, display or possession.
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
D.
Use or possession of ingestion devices.
It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
E.
Defense.
It shall be a defense to a violation of this section that any act described in this section is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(Ordinance 3230, sec. 1, adopted 8/16/10)
A.
Purpose.
The purpose of this section is to prohibit the purchase, use, or possession of e-cigarettes by minors; and prohibit the sale of e-cigarettes to minors, hereinafter defined within the city limits of the City of Sachse.
B.
Definitions.
1.
“Electronic cigarette” or “e-cigarette”
shall mean any device that uses an atomizer or similar device that allows users to inhale nicotine vapor or other vapor without the use of fire, smoke, or ash. The definition of e-cigarette shall include, but is not limited to, electronic cigars, electronic cigarillos, or electronic pipe, and any cartridge or other component of the device or related product including any liquid products that are manufactured for use with e-cigarettes.
2.
“Minor”
shall mean any individual younger than 18 years of age.
3.
“Person”
shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
C.
Sell, distribution, or offering for sale to minors.
It shall be unlawful for any person to give, sell, distribute, or offer for sale any e-cigarette to any minor within the territorial limits of the City of Sachse.
D.
Use, purchase, or possession of e-cigarette by minor.
It shall be unlawful for any minor to use, purchase, or possess with intent to use any e-cigarette within the territorial limits of the City of Sachse.
E.
Purchase of e-cigarettes by a minor utilizing false information.
It shall be unlawful for any minor, in order to acquire an e-cigarette, to state to any person engaged in the business of selling e-cigarettes that such minor is 18 years of age or older, or presents to any such person a document or writing that purports to establish that such minor is 18 years of age or older.
F.
Defense.
It shall be a defense to a violation of subsection D. and E. above if the minor is:
1.
In the course and scope of the minor’s employment by a person or entity holding a permit issued by the state authorizing the person to engage in the business of being a distributor, wholesaler, bonded agent or retailer of e-cigarettes; or
2.
In the presence of a parent, guardian, spouse or other adult to whom the minor had been committed by a court.
(Ordinance 3551, sec. 1, adopted 12/2/13)