This article shall be known and may be cited and referred to
as the emergency management ordinance of the city.
(2005 Code, sec. 8.2.01)
This article is adopted pursuant to the authority of the Texas
Disaster Act of 1975, V.T.C.A., Government Code, chapter 418, and
all executive orders and regulations issued pursuant thereto.
(2005 Code, sec. 8.2.02)
The intent and purpose of this article is to provide a means
of preparation for and response to emergencies occurring in or affecting
the city. For the purpose of this article, an “emergency”
means the occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or
man-made cause, including fire, flood, earthquake, wind, storm, wave
action, oil spill or other water contamination, volcanic activity,
epidemic, air contamination, blight, drought, infestation, explosion,
riot, hostile military or paramilitary action, or other public calamity
requiring emergency action.
(2005 Code, sec. 8.2.03)
(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 a program of comprehensive emergency
management within the city and for carrying out the duties and responsibilities
set forth in this article. He/she may delegate authority for execution
of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(d)
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.
(2005 Code, sec. 8.2.04)
The duties and responsibilities of the emergency manager director
shall include the following:
(1)
The
conduct of 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)
The
supervision of the development and approval of an emergency management
plan for the city, and shall recommend for adoption by the city council
all mutual aid arrangements deemed necessary for the implementation
of such plan.
(3)
The
authority to declare a local state of disaster. The declaration may
not be continued or renewed for a period in excess of 7 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)
The
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 the 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)
The
direction and control of the operations of the city’s emergency
management organization, as well as the training of emergency management
personnel.
(6)
The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the city.
(7)
The
maintenance of liaison with other municipal, county, district, state,
regional or federal emergency management organizations.
(8)
The
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)
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 county-wide coordination of emergency management efforts.
(10)
The 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)
The authorizing of agreements, after approval by the city attorney,
for use of private property for public shelter and other purposes.
(12)
The surveying of the availability of existing personnel, equipment,
supplies and services which could be used during a disaster, as provided
for herein.
(13)
The performance of such other duties and responsibilities as are
prescribed by or necessarily implied from the provisions of the Texas
Disaster Act of 1975.
(2005 Code, sec. 8.2.05)
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 shall have the effect of law during the time of
a disaster.
(2005 Code, sec. 8.2.06)
The mayor is hereby authorized to join with the county judge
and the mayors of the other cities in the county in the 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,
and to execute on behalf of the city all powers necessary to participate
in a county-wide program of emergency management insofar as said program
may affect the city.
(2005 Code, sec. 8.2.07)
At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
control, superseding and overriding all existing ordinances, orders,
rules, and regulations insofar as the latter may, in such situation,
be inconsistent therewith.
(2005 Code, sec. 8.2.08)
(a)
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 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 article 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 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.
(c)
Any
person owning or controlling real estate, fixtures or other premises
who is compelled by reason of authority exercised pursuant to law
to grant the city the right to inspect, designate and use the whole
or any part or parts of such real estate, fixtures or premises for
the purpose of sheltering persons during an actual, impending or practice
disaster shall 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.
(2005 Code, sec. 8.2.09)
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.
(2005 Code, sec. 8.2.11)
(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, or to do
any act forbidden by any rule or regulation issued pursuant to the
authority contained in this article.
(b)
It
shall 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)
It
shall be unlawful for unauthorized persons to operate a siren or other
device so as to simulate a warning signal or the termination of a
warning.
(d)
Any
person found guilty of a violation of this article shall be subject
to the penalties imposed by this code.
(2005 Code, sec. 8.2.12)
