(a) 
There exists the office of emergency management director of the City of DeSoto, which may 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 city manager.
(2) 
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 subsection (d) of this article. He may delegate authority for execution of these duties to the city manager, but ultimate responsibility for such execution shall remain with the director.
(b) 
The powers and duties of the director shall include an on-going survey of actual or potential major hazards which threaten life and property within the city; and an on-going 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 part of his responsibility in hazard mitigation, the director shall supervise the development of an emergency management plan for the City of DeSoto, 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 the 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. The duties of the director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein, as well as a continuing study of the need for amendments and improvements in the emergency management plan.
(c) 
The mayor is hereby authorized to join with the County Judge of the County of Dallas and mayors of other cities in said county in the formation of an Emergency Management Council for the Council 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 county-wide program of emergency management insofar as said program may affect the City of DeSoto.
(d) 
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 DeSoto 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 municipal, county, 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 City of DeSoto 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 of DeSoto. 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 in which said city is located and with other municipalities within the county, for the county-wide 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 which may be offered for the purpose of improving emergency management within the city.
(9) 
The authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(e) 
The operational emergency management organization of the City of DeSoto, including organized volunteer groups, shall be directed by the city manager. 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 article. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state division of emergency management of the state and of the federal government.
(f) 
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 article and shall be subject to the penalties imposed by this article.
(g) 
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 letter may be inconsistent therewith.
(h) 
This article shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rules, or regulation.
(i) 
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, rules, 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 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.
(j) 
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 appropriate approval, 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.
(k) 
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. 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. Convictions for violations of the provisions of this article shall be punishable by fine in accordance with section 1.106 of this code.
(l) 
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, laws of the state, and the ordinances of the city.
(1995 Code of Ordinances, Chapter 1, Article 1.900, Section 1.902)
(a) 
The revised emergency operations plan for the city is hereby approved for use by all departments, employees and various agencies.
(b) 
A copy of the current plan shall be filed with the city secretary's office and incorporated herein by reference.
(c) 
The city shall adopt and institutionalize the use of the Incident Command System/National Incident Management System (ICS/NIMS) as directed by the Homeland Security Presidential Directive-5 (HPSD-5). The city will employ the ICS/NIMS in order to maintain command and control, organization and assignment responsibilities. The ICS/NIMS will provide a consistent nationwide template for all city departments and command level personnel to work with federal, state, and other local jurisdictions to prevent, prepare for, respond to and recover from all domestic incidents regardless of cause, size or complexity. The ICS/NIMS directs all city departments to integrate the ICS/NIMS into functional and system wide emergency operations policies, plans, and procedures; train responders, supervisors and command level officers in ICS/NIMS; and conduct exercises with responders at all levels from multi-disciplines and jurisdictions.
(1995 Code of Ordinances, Chapter 1, Article 1.900, Section 1.902; Ordinance 1632-05 adopted 6/7/05)
(a) 
In case of national emergency, public shelter managers duly appointed by the emergency management coordinator/ 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 in accordance with section 1.106 of this code.
(1995 Code of Ordinances, Chapter 1, Article 1.900, Section 1.903)
(a) 
There is hereby created and established a hazard mitigation team for the city. The purpose of the hazard mitigation team is to evaluate hazards, identify strategies, coordinate resources and implement measure that will reduce the vulnerability of people and property in the city to damage from hazards.
(b) 
The hazard mitigation team shall be responsible for:
(1) 
Developing a local hazard analysis that provides a means for prioritizing the mitigation and preparedness needs of the city based on levels of vulnerability and risk;
(2) 
Developing a mitigation action plan that defines specific mitigation measures designed to address the needs identified in the hazard analysis;
(3) 
Actively pursuing funding opportunities in order to implement the measures identified in the mitigation action plan; and
(4) 
Monitoring, evaluating, reviewing, and updating the hazard analysis and the mitigation action plan.
(c) 
The emergency management director is responsible for the overall emergency management program. The emergency management director shall designate a city department as the agency with primary responsibility for hazard mitigation. The emergency management director shall also designate a hazard mitigation coordinator to coordinate the hazard mitigation activities of the hazard mitigation team. The hazard mitigation coordinator serves at the pleasure of the emergency management director, and may be removed from office at any time with or without cause.
(d) 
The emergency management director shall appoint the members of the hazard mitigation team. The hazard mitigation team shall consist of representatives of local government and the private, public and civic sectors. Hazard mitigation team members will be selected for all functional areas that are applicable to the city and which may require local expertise. Areas of functional responsibility for hazard mitigation team members may include, but are not limited to, the following:
Public Awareness/Education
Emergency Preparedness and Response
Disaster Recovery
Floodplain Management
Engineering Services
Damage Assessment
Volunteer Services
Water Treatment
Wastewater Treatment
Drainage/Flood Control
Public Health
Legislative Representation/Liaison
Building Codes and Permits
Zoning Regulations
Legal Services
Development Planning
Subdivision Regulations
Fiscal/Funding Resources
Tax Assessment
Septic Tank/Sanitation Standards
Environmental Protection
Land Use Planning
Property Condemnation
Land Acquisition
Historical Preservation
Parks and Wildlife
River Authority
Levee/Seawall Management
Dam Safety/Reservoir Management
Coastal Zone Management
Agricultural Recovery Programs
Fire and Casualty Insurance
Flood Insurance
Wind Insurance
Drainage District
Citizen Group(s)
Business/Industry
Council of Government
Data Processing Services
Mapping Services
GIS Services
Grant Writing/Management
Urban Regional Planning
Professional Group(s)
Neighborhood Association(s)
Chamber of Commerce
Realtors
Bankers/Lenders
(e) 
The term of office of members of the hazard mitigation team shall be for twelve (12) months. Members of the hazard mitigation team serve at the pleasure of the emergency management director, and may be removed from office at any time with or without cause. In the event of a vacancy on the hazard mitigation team, the emergency management director shall, without further formal action, appoint a new team member to serve out the remainder of the unexpired term.
(f) 
Meetings of the hazard mitigation team shall be held as often as necessary to conduct the business of the hazard mitigation team at the call of the hazard mitigation coordinator and at such other times as the hazard mitigation team may determine.
(g) 
The emergency management director is hereby authorized to join with the county judge of the County of Dallas in a county hazard mitigation plan or with the mayors of other cities in the formation of a North Central Texas Council of Governments regional hazard mitigation plan, and shall have the authority to cooperate in the preparation of a joint hazard mitigation plan and in the appointment of a joint hazard mitigation coordinator, as well as all powers necessary to participate in a county-wide or regional program of hazard mitigation insofar as said program may affect the city.
(Ordinance 1543-03 adopted 7/2/03)