Editor's note—Former Ch. 10 related to civil defense and disaster commission and derived from Ordinance 376; Ordinance 417; Ordinance 544; Ordinance 2745, 3/13/1975; and Ordinance 3804, 2/4/1982.
There exists an office of emergency management for the City of Irving, which is constituted under applicable state law as follows:
(1) 
As presiding officer of the governing body of the city, directly charged with certain duties or granted certain powers by the Texas Disaster Act of 1975, and as ordered by the governor of Texas under authority of the act, the mayor is designated as the emergency management director for the City of Irving.
(2) 
By this chapter the city manager as the chief executive officer for the city shall have the responsibility of nominating an emergency management coordinator for appointment by the mayor. Under the Texas Disaster Act, the mayor must notify the Governor's Division of Emergency Management and shall identify the emergency management coordinator as the person who heads the agency responsible for the emergency management program.
(3) 
The city manager is responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities in this chapter. The city manager shall delegate authority for execution of these duties to the coordinator, but the ultimate responsibility for such execution remains with the city manager. The city manager shall retain the ultimate responsibility for such implementation and execution, and shall certify the city emergency management plan and any mutual aid emergency management plan.
(4) 
The city manager is encouraged to seek advice from other local governments, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders in the development and review of the emergency management program, under the Texas Disaster Act of 1975, and may establish an advisory council or committee for that purpose, subject to the provisions of the city charter.
(Ordinance 7443, § 1, adopted 3/25/1999)
The emergency management coordinator, supervises the office of emergency management, either directly or by delegation. The powers and duties of the office of emergency management are as follows:
(1) 
Develop and maintain in current form an emergency management plan for the City of Irving in accordance with established state and federal guidelines. Such emergency management plan and any changes shall become effective upon approval of the city manager. 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 its provisions. The emergency management plan shall be considered supplementary to this chapter and have the effect of law during the time of a disaster:
a. 
Establishing wage, price and rent controls and other economic stabilization methods in the event of disaster.
b. 
Establishing curfews, blockades, and limitations on utility usage in an area affected by a disaster, rules governing ingress and egress to the affected area, and other security measures.
(2) 
Maintain necessary liaisons and coordinate cooperative activities with other municipal, county, district, regional, state, federal and other civil defense and disaster relief organizations.
(3) 
Draft and recommend for adoption by the city council mutual aid plans and agreements deemed essential or desirable for the implementation of the city's emergency management plan and coordination of combined area disaster services efforts, including the formation of a county or other joint disaster services council and emergency management plan and the appointment of a disaster coordinator for such joint effort.
(4) 
Survey the availability of existing and potential personnel, equipment, supplies, services and facilities for use during an emergency, and procure and dispose of all necessary equipment, supplies, and facilities, including acceptance of private contributions and assistance.
(5) 
Continue the study of emergency management and disaster relief problems. Recommend any needed amendments and improvement of the emergency management plan, keeping current with all federal and state regulatory and informational requirements.
(6) 
Certify the city emergency management plan and any mutual aid emergency management plan, and execute mutual aid agreements.
(7) 
Control and direct all actual operations and training activities in emergency management and disaster relief.
(8) 
Make a determination of all questions of authority and responsibility in connection with emergency management and disaster relief.
(9) 
Negotiate and authorize agreements, subject to the approval of the city council, when required, for the use of private property for public shelter or other necessary purposes during the course of an emergency.
(10) 
Act as a clearing house on emergency management information for all governmental and private agencies cooperating in the emergency management plan.
(11) 
Maintain contact with the division of emergency management of the office of the governor, providing prompt and efficient response to all requests and suggestions of the division and other agencies and departments of federal, state, and county governments in connection with emergency management and disaster relief.
(12) 
Marshal, upon the declaration of an emergency, all necessary personnel, equipment, and supplies from any department of the city and from private contributors to aid in implementation of the emergency management plan.
(Ordinance 7443, § 1, adopted 3/25/1999)
When in the judgement of the city manager and emergency management coordinator, a state of disaster exists, the city manager shall inform the mayor, as emergency management director, and request the mayor to declare a local state of disaster under the provisions of the Texas Disaster Act.
(a) 
A disaster is an occurrence or imminent threat of the occurrence of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, or other water contamination, volcanic activity, epidemic air contamination, blight, drought, infestation, aircraft accident, hazardous chemical release, explosion, riot, hostile military or paramilitary action, acts of terrorism, energy emergency, or other public calamity requiring emergency action.
(b) 
Any such local state of disaster declared by the mayor continues in force until such time as the city council has been able to meet and consider the existing situation. The council determines the extent of disaster and may either ratify the declaration, if still in effect at the time of meeting, extend or renew the declaration, if it has expired and is warranted by the situation, or declare the state of disaster to be ended. In no event may a local state of disaster, declared by the mayor, continue in effect for a period in excess of seven (7) days without the consent of the city council.
(Ordinance 7443, § 1, adopted 3/25/1999)
After the declaration of a local state of disaster, the mayor, as emergency management director, may in the interest of public safety and welfare, subject to confirmation or revocation by the city council, issue an order to:
(1) 
Evacuate all or part of the population of an area of the city that has been stricken or is threatened if necessary for the preservation of life or other disaster mitigation, response, or recovery effort.
(2) 
Prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(3) 
Control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.
(4) 
Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles.
(5) 
Establish curfews and blockades.
(6) 
Suspend or limit the use of utilities.
(7) 
Implement other security measures necessary to protect life and secure property.
(8) 
Protect life and property by such means as are imminently necessary and authorized under state law.
(9) 
Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law.
(10) 
Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster.
(Ordinance 7443, § 1, adopted 3/25/1999)
(a) 
No person may:
(1) 
Violate the terms of this or any other chapter adopted to carry out the city's emergency management functions or order issued under the authority of this chapter.
(2) 
Willfully obstruct, hinder, or delay any member of the city's emergency management organization in the enforcement of any order issued under the authority of this chapter.
(3) 
Operate a siren or other device so as to simulate a warning signal or terminate an official warning signal, unless authorized.
(4) 
Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of the city's emergency management organization, unless the individual has been designated as a member of the organization by the office of emergency management.
(5) 
Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of an organization participating in the official response to the local state of disaster, unless the individual has been designated as a member of that organization by an appropriate official of that organization.
(b) 
Any person violating a provision of this chapter or any order issued under the authority of this chapter is guilty of a misdemeanor and upon conviction may be punished by a fine of up to one thousand dollars ($1,000.00).
(Ordinance 7443, § 1, adopted 3/25/1999)
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety, and the city; any of its officers, employees, agents, representatives; or any person, in good faith, carrying out, complying with, or attempting to comply with any order, rule, or regulation promulgated under this chapter may not be held liable for any damage sustained to persons as the result of such 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 emergency, together with successors in interest, if any, may not be held 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 others.
(Ordinance 7443, § 1, adopted 3/25/1999)
Every officer, agent, or employee of the city and every officer, agent, or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is "effective" if it in any way contributes or can reasonably be thought to contribute to preserving any lives or property. This section shall prevail over every other chapter of the city and, to the extent to which the city has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the city nor any of its employees, agents, or officers, nor other unit of government or government subdivision nor its employees, agents, or officers may be held liable for the failure to use ordinary care in such emergency. It is the intent of the city council, by amending this chapter, to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from nonintentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the city council.
(Ordinance 7443, § 1, adopted 3/25/1999)