(a) Findings.
(1) On February 28, 2003, the President issued Homeland Security Presidential
Directive HSPD-5 that directed the Department of Homeland Security,
in cooperation with representatives of federal, state, and local government,
to develop a National Incident Management System (NIMS) to provide
a consistent approach to the effective management of situations involving
natural disasters, man-made disasters or terrorism;
(2) The final NIMS was released on March 1, 2004;
(3) The NIMS contains a practice model for the accomplishment of the
significant responsibilities associated with prevention, preparedness,
responses, recovery, and mitigation of all major and national hazards
situations; and
(4) The city council desires to adopt the NIMS as required by HSPD-5.
(b) The
city hereby adopts the National Incident Management System (NIMS)
dated March 1, 2004.
(1994 Code, sec. 38.10; Ordinance 2005-08 adopted 7/7/05)
(a) There
exists the office of emergency management director of the city, 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 conducting a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in subsection
(c) of this section. He may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for the execution shall remain with the director.
(b) The
powers and duties of the director shall include an ongoing survey
of actual or potential major 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 the 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, and shall recommend the 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 the emergency
management plan. The powers of the director shall include the authority
to declare a state of disaster, but the 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
duties and responsibilities of the emergency management director shall
include the following:
(1) The direction and control of the actual disaster operations of the
county 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
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.
The 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 the
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.
(1966 Code, ch. 3.0, art. I, secs. 1, 2, 4; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.01)
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 the program may affect the city.
(1966 Code, ch. 3.0, art. I, sec. 3; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.02)
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 all organized
volunteer groups. The functions and duties of this organization shall
be distributed among the officers and employees in accordance with
the terms of the emergency management plan. The 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 division. Insofar
as possible, the form of organization, titles and terminology shall
conform to the recommendations of the state division of emergency
management and of the federal government.
(1966 Code, ch. 3.0, art. I, sec. 5; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.03)
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 this
code and other ordinances of the city.
(1966 Code, ch. 3.0, art. I, sec. 12; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.04)
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 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 division
shall be liable for any damage sustained to persons as the result
of the 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 the 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 the real estate or premises under the license,
privilege or other permission or for loss of, or damage to, the property
of the person.
(1966 Code, ch. 3.0, art. I, sec. 9; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.05)
No person shall have the right to expend any public funds of
the city 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 city by contract, agreement
or otherwise without prior and specific approval of the city council.
(1966 Code, ch. 3.0, art. I, sec. 10; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.06)
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.
(1966 Code, ch. 3.0, art. I, sec. 6; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.07)
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. 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 the person by the proper officials.
(1966 Code, ch. 3.0, art. I, sec. 11; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.08)
(a) 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.
(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.
(1966 Code, ch. 3.0, art. I, secs. 7, 8; Ordinance 83-24 adopted 12/1/83; 1994 Code, sec. 38.09)