The village hereby adopts the National Incident Management System
dated March 1, 2004.
(Ordinance 53-09 adopted 11/19/09)
There exists the office of emergency management director of
the village, 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 village and for carrying out the duties and
responsibilities set forth in this division. He/she 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 village shall
consist of the officers and employees of the village 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.
(Ordinance 17-01, sec. 1, adopted 7/9/01)
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 village 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 village, and shall recommend for adoption by the city council
all mutual aid arrangements deemed necessary for the implementation
of such a plan.
(3)
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
village secretary.
(4)
Issuance
of necessary proclamations, regulations or directives which are necessary
for carrying out the purposes of this division. 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 village secretary.
(5)
Direction
and control of the operations of the village 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 village.
(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 village to aid in the carrying out 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 the village is
located and with other municipalities within the county, for the county-wide
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 village.
(11)
Authorizing of agreements, after approval by the village 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 proved for
herein.
(13)
Other requirements as specified in the Texas Disaster Act, 1975 (V.T.C.A.,
Government Code, ch. 418).
(Ordinance 17-01, sec. 2, adopted 7/9/01)
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 division.
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 division and have the effect of law during the time of a disaster.
(Ordinance 17-01, sec. 3, adopted 7/9/01)
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,
as well as all powers necessary to participate in a county-wide program
of emergency management insofar as said program may affect the village.
(Ordinance 17-01, sec. 4, adopted 7/9/01)
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 ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
(Ordinance 17-01, sec. 5, adopted 7/9/01)
This division is an exercise by the village of its governmental
functions for the protection of the public peace, health, and safety
and neither the village, the agents and representatives of the village,
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 division
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 village a license or privilege or otherwise permits the village
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.
(Ordinance 17-01, sec. 6, adopted 7/9/01)
No person shall have the right to expend any public funds of
the village 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 village 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 village when deemed
prudent and necessary for the protection of health, life, or property.
(Ordinance 17-01, sec. 7, adopted 7/9/01)
(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 division, or to
do any act forbidden by any rule or regulation issued pursuant to
the authority contained in this division.
(b)
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 village unless authority
to do so has been granted to such person by the proper officials.
(c)
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.
(d)
Convictions
for violations of the provisions of this division shall be punishable
by a fine not to exceed one thousand dollars ($1,000.00).
(Ordinance 17-01, sec. 8, adopted 7/9/01)
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 17-01, sec. 10, adopted 7/9/01)
