There is hereby created the municipal civil defense and disaster
relief committee of the city which shall consist of the following:
(1)
The
mayor of the city, who shall serve as chairman of the committee, and
who shall also be known as municipal defense coordinator of the city.
(2)
The
assistant defense coordinator of the city, who shall be charged with
the preparation of a civil defense plan for the city, together with
such other duties as the coordinator may prescribe. The assistant
coordinator shall be appointed by and hold his or her position at
the pleasure of the municipal defense coordinator. The assistant coordinator
shall serve as vice-chairman of the municipal civil defense and disaster
relief committee of the city.
(3)
The
directors of divisions and chiefs of service of such divisions as
may be provided for by resolution by the city council or by directive
of the municipal defense coordinator.
(4)
Representatives
not to exceed five (5) in number from civic, business, industry, labor,
veterans, professional, or other groups, to be selected and appointed
by the mayor.
(1993 Code, art. 1.700)
The powers and duties of the municipal civil defense and disaster
relief committee shall include the recommendation for adoption by
the city council of a civil defense plan for the city and the recommendation
for adoption by the city council of any and all mutual aid plans and
agreements which are deemed essential for the implementation of such
civil defense plan. The duties of such civil defense and disaster
relief committee shall also include the making of a survey of the
availability of existing personnel, equipment, supplies and services
which could be used during an emergency, as provided for herein, as
well as a continuing study of the need for amendments and improvements
in the civil defense plan adopted by the city council. The civil defense
and disaster relief committee of the city shall meet upon the call
of either the chairman or vice-chairman.
(1993 Code, art. 1.700)
The mayor of the city is hereby authorized to join with the
county judge, and the mayors of the other cities in the county in
the formation of a civil defense and disaster relief council for the
county and shall have the authority to cooperate in the formation
of a civil defense plan for the county and in the appointment of a
civil defense director for the county, as well as all other powers
necessary to participate in a county-wide program of civil defense
and disaster relief insofar as said program may affect the city.
(1993 Code, art. 1.700)
The office of municipal defense coordinator is hereby created.
The municipal defense coordinator shall have the authority to request
the declaration of the existence of an emergency by the city council
or by higher authority. In the event it is deemed necessary to declare
the existence of an emergency without delay, the coordinator may,
if the city council is not in session, do so, but such action shall
be subject to confirmation by the city council at its next meeting.
The duties and responsibilities of the municipal defense coordinator
shall include the following:
(1)
The
control and direction of the actual operation or training efforts
of the civil defense and disaster relief organization of the city.
(2)
The
determination of all questions of authority and responsibility that
may arise within the civil defense and disaster relief organization
of the city.
(3)
The
maintenance of necessary liaison with other municipal, district, state,
county, regional, federal, or other civil defense organizations.
(4)
The
marshaling, after declaration of an emergency 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 civil defense plan.
(5)
The
issuance of all necessary proclamations as to the existence of an
emergency and the immediate operational effectiveness of the civil
defense 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 administrator
and shall receive widespread publicity unless publicity will 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 efforts in defense and disaster relief.
(8)
The
supervision of and final authorization of the procurement of all necessary
supplies and equipment, including acceptance of private contributions.
(9)
The
authorizing of agreements, after approval of the city attorney, for
the use of private property for air raid shelter and other purposes.
(1993 Code, art. 1.700)
(a)
The
operational civil defense and disaster relief organization of the
city shall consist of the officers and employees of the city designated
by the municipal defense coordinator as well as all volunteer municipal
defense workers. The functions and duties of this organization shall
be distributed among such divisions, services and special staff as
the city council shall prescribe by resolution or the municipal defense
coordinator shall provided by directive. Any such resolution or directive
shall set forth the form of organization, establish and designate
divisions and services, assign functions, 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 recommendations of the state defense and disaster
relief council of the state and of the federal government.
(b)
Each
person serving as a member of the municipal civil defense and disaster
relief committee, or as an officer, employee or volunteer in any capacity
in the municipal civil defense and disaster relief organization created
by resolution or directive pursuant to the authority herein conferred,
shall, prior to assuming their duty or duties, take an oath which
shall be substantially as follows:
“I, _____, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Constitution
of the State of Texas, against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I a member of an affiliate of persons
that advocates the overthrow of the government of the United States
or of this state by force or violence; and that during such time as
I am a member of the county civil defense and disaster relief committee
of the County of Archer I will not advocate nor become a member of
an affiliate of any organization, group, or combination of persons
or of any political party that advocates the overthrow of the government
of the United States or of this state by force or violence.”
(1993 Code, art. 1.700)
(a)
Any
light displayed contrary to any order, rule or regulation promulgated
pursuant to the provisions of this division constitutes a public nuisance
and when deemed necessary 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 division.
(b)
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
division and shall be subject to the penalties imposed by this division.
(1993 Code, art. 1.700)
(a)
At
all times when the orders, rules and regulations made and promulgated
pursuant to this division shall be in effect, they shall supersede
all existing ordinances, orders, rules and regulations insofar as
the latter may be inconsistent therewith.
(b)
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.
(1993 Code, art. 1.700)
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 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 division shall be liable
for any damage sustained to person 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 or her 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.
(1993 Code, art. 1.700)
No person shall have the right to expend any public funds of
the city in carrying out any civil defense 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.
(1993 Code, art. 1.700)
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 division, or to
do any act forbidden by any rule or regulation issued pursuant to
the authority contained in this division. 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 so to do has been granted to such person
by the proper officials.
Convictions for violations of the provisions of this division shall be punishable by fine in accordance with the general penalty provision found at section 1.01.009 this code.
(1993 Code, art. 1.700)
The city council hereby adopts the National Incident Management
System dated March 1, 2004.
(Ordinance 239 adopted 8/11/05)
