The governing body of the city does hereby adopt the National
Incident Management System as an operating protocol for management
of natural disasters, man-made disasters or terrorism.
(Ordinance 573-08 adopted 5/19/2008; Ordinance adopting 2024 Code)
(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 conducting a program of comprehensive
emergency management within the city and for carrying out the duties
and responsibilities set forth in this division. He or she may delegate
authority for execution of these duties to the coordinator, but ultimate
responsibility for such execution shall remain with the director.
(Ordinance 310-91, sec. (a), adopted 12/26/1991; 1993 Code, sec. 1.1901)
The powers and duties of the director shall include the following:
(1) Conduct
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 such
hazards if a disaster did occur. As a part of his or her responsibility
in hazard mitigation, the director shall supervise the development
of an emergency management plan for the city, 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 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.
(2) The
direction and control of the actual disaster operations of the city
emergency management organization, as well as the training of emergency
management personnel.
(3) The
determination of all questions of authority and responsibility that
may arise within the emergency management organization of the city.
(4) The
maintenance of necessary liaison with other county, municipal, district,
state, regional, federal, or other emergency management organizations.
(5) 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.
(6) The
issuance of all necessary proclamations as to the existence of a disaster
and the immediate operational effectiveness of the overall emergency
management plan.
(7) 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 secretary,
and shall receive widespread publicity unless publicity would be of
aid and comfort to the enemy.
(8) 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 for the overall
coordination of emergency management efforts.
(9) The
supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions that may be offered for the purpose of improving emergency
management within the city.
(10) The authorizing of agreements for use of private property for public
shelter and other purposes.
(Ordinance 310-91, secs. (b), (d),
adopted 12/26/1991; 1993 Code,
sec. 1.1902; Ordinance adopting 2017 Code)
The mayor is hereby authorized to join the county judge in 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 county.
(Ordinance 310-91, sec. (c), adopted 12/26/1991; 1993 Code, sec. 1.1903)
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. 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 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.
(Ordinance 310-91, sec. (e), adopted 12/26/1991; 1993 Code, sec. 1.1904)
(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 acts 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 or insignia or
any other means of identification as a member of the emergency management
organization of the city or the county unless authority to do so has
been granted to such person by the proper officials.
(b) It
shall likewise be unlawful for any unauthorized person to operate
a siren or other device so as to simulate a warning signal, or the
termination of a warning.
(Ordinance 310-91, secs. (f), (k),
adopted 12/26/1991; 1993 Code,
sec. 1.1905(a), (b))
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, the laws of the state, the
orders of the county, and the ordinances of the city.
(Ordinance 310-91, sec. (l), adopted 12/26/1991; 1993 Code, sec. 1.1905(c))
(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 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.
(Ordinance 310-91, secs. (g), (h),
adopted 12/26/1991; 1993 Code,
sec. 1.1906)
(a) 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, or any individual,
a 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.
(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 estate or premises for the purposes 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.
(Ordinance 310-91, sec. (i), adopted 12/26/1991; 1993 Code, sec. 1.1907)
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.
(Ordinance 310-91, sec. (j), adopted 12/26/1991; 1993 Code, sec. 1.1908)