The text
Footnotes:
--- (1) --- Cross reference— Administration, ch. 2; aviation, ch. 18; fire prevention and protection, ch. 46; floods, ch. 50; health and sanitation, ch. 54; offenses and miscellaneous provisions, ch. 70; traffic and vehicles, ch. 106.
State Law reference— Emergency management, V.T.C.A., Government Code § 418.001 et seq.; local and interjurisdictional emergency management, V.T.C.A., Government Code § 418.101 et seq.; false alarm or report, V.T.C.A., Penal Code § 42.06; powers of mayor during riot or unlawful assembly, V.T.C.A., Local Government Code § 22.042(e); power of mayor to summon special police force, V.T.C.A., Local Government Code § 341.011.
ARTICLE I. - IN GENERAL#
Secs. 38-1—38-25. - Reserved.#
ARTICLE II. - EMERGENCY MANAGEMENT#
Footnotes:
--- (2) --- Editor's note— Pursuant to the city's instruction, Ord. No. 2002-03, §§ 1—7, 9, adopted Apr. 23, 2002, replaced the former Art. II, §§ 38-26—38-37 and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1979, ch. 7, § 7; Ord. No. 90-5, §§ 1—12, adopted Feb. 27, 1990.
Sec. 38-26. - Organization.#
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 a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of the program but responsibility for the program shall remain with the director;
(3)
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.
(Ord. No. 2002-03, § 1, 4-23-02)
Sec. 38-27. - Emergency management director—Powers and duties.#
The duties and responsibilities of the emergency management director shall include the following: (1)
Surveying actual or potential hazards which threaten life and property within the city and 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 city, and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan.
(3)
Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven 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 city secretary.
(4)
Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.
(5)
Direction and control of the operations of the city 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 city.
(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 city to aid in the carrying out of the provisions of the emergency management plan.
(9)
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.
(10)
Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(11)
Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein.
(12)
Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code).
(Ord. No. 2002-03, § 2, 4-23-02)
Sec. 38-28. - Emergency management plan.#
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 article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management of the state. 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 article and have the effect of law during the time of a disaster.
(Ord. No. 2002-03, § 3, 4-23-02)
Sec. 38-29. - Override.#
At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.
(Ord. No. 2002-03, § 4, 4-23-02)
Sec. 38-30. - Liability.#
This article 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, 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 article 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 city a license of 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 or natural or manmade 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.
(Ord. No. 2002-03, § 5, 4-23-02)
Sec. 38-31. - Commitment of funds.#
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article 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 unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property.
(Ord. No. 2002-03, § 6, 4-23-02)
Sec. 38-32. - Offenses; penalties.#
(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 article.
(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 city, unless authority to do so has been granted to such person by the proper officials.
(c)
Convictions for violations of the provisions of this article shall be punishable by fine not to exceed $1,000.00.
(Ord. No. 2002-03, § 7, 4-23-02)
Sec. 38-33. - Limitations.#
This article shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule, or regulation.
(Ord. No. 2002-03, § 9, 4-23-02)
Sec. 38-34 - Adoption of National Incident Management System (NIMS).#
(a)
Adoption. There is hereby recognized and adopted by the city council for the purpose of prescribing the method of managing domestic incidents regardless of cause, size or complexity, that certain method known as the National Incident Management System (NIMS).
(b)
Definitions.
NIMS. As used in this article, "NIMS" shall mean the National Incident Management System a federally mandated method of providing a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. A comprehensive national approach to incident management, applicable to all jurisdictional levels and across functional disciplines.
Emergency response personnel. Those members of public safety departments (police, fire and emergency medical services) and others, responding in leadership or task specific positions during domestic incidents. Includes but is not limited to personnel filling positions within the emergency operations center.
(c)
Requirements.
(1)
Training. All emergency response personnel must complete the "NIMS awareness course," "National Incident Management System (IS 700) an Introduction," or equivalent course by October 1, 2006 or within one year of their hiring date, whichever is applicable.
(2)
Incorporation into EMP. The Emergency Management Plan (EMP) and all appropriate annexes shall incorporate and reflect the use of the NIMS system as the method for managing domestic incidents.
(3)
Exercises. All exercises conducted or participated in by this jurisdiction will include and utilize the NIMS.
(4)
Mutual aid agreements. This jurisdiction should be party to mutual aid agreements with all neighboring and/or nearby jurisdictions, relevant private sector and non-governmental organizations and the council of governments (COG).
(5)
Resource management. Utilizing Annex M of the EMP, an accurate account of available resources should be maintained.
(6)
Communications. The jurisdiction should continually work with the council of governments (COG) on communication interoperability.
(Ord. No. 2005-15, § 2, 8-9-05)