Loading...
HomeMy WebLinkAbout1987-0951234L ' /0 AN ORDINANCE REPEALING THE EXISTING CHAPTER 7 OF THE CODE OF ORDINANCES AND ADOPTING A NEW CHAPTER 7 TO BE ENTITLED "EMERGENCY MANAGEMENT", ESTABLISHING A PROGRAM INCLUDING MITIGATION, PRE- PAREDNhSS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMER- GENCY MANAGEMENT, ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR, AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR, AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES, IDENTIFYING AN OPERATIONAL ORGANIZATION, GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF DENTON, AUTHORIZ- ING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES FOR RELATED PURPOSES, PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000 00), AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, Texas finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on -going concern of the City if the lives and property of the populace are to be protected, and WHEREAS, the City Council hereby declares that the prepara- tion of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property in the City of Denton from natural or man -caused disasters or threat thereof is immediately essential, and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay, and WHEREAS, the City Council finds, therefore, that the prepara- tion, and implementation of such plans are now imperative, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 7 of the Code of Ordinances is hereby repealed and there is hereby adopted a new Chapter 7 entitled "Emergency Management" which shall be and read as follows CHAPTER 7 EMERGENCY MANAGEMENT Sec 7-1 Creation There is hereby created the office of Emergency Management Director of the City of Denton, Texas, which shall be held by the Mayor in accordance with state law and pursuant to Executive Order An Emergency Management Coordinator shall be appointed by and serve at the pleasure of the Director, in conjunction with the county The selection process for the coordinator and his/her administration will be controlled by the City of Denton for pur- poses of continuity of management The Emergency Management Coordinator shall appoint an Emergency Management Program Manager who shall be authorized to execute and perform all duties of the Coordinator, as enumerated in this Chapter Such appointment shall be approved by the Emergency Management Director and the Coordinator Should the Mayor be unable to act, the Mayor Protempore shall assume all responsibilities outlined herein Sec 7-2 Responsibility The Director shall be responsible for a program of comprehen- sive emergency management within the city and for carrying out the duties and responsibilities set forth in this ordinance He may delegate authority for execution of these duties to the Coordinator and Program Manager, but ultimate responsibility for such execution shall remain with the Director Sec 7-3 Organization The operational Emergency Management organization of the City of Denton 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 Sec 7-4 Powers and Duties The duties and responsibilities of the Emergency Management Director, which, with the exception of subsections (c) (d) and (f) hereof, may be carried out by the Coordinator or Program Manager, shall include the following (a) Conduct an on -going survey of actual or potential hazards which threaten life and property within the city and an on -going PAGE 2 program of identifying and requiring or recommending the imple- mentation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur (b) Supervision of the development and approval of an emer- gency management plan for the City of Denton, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan (c) Authority to declare a local state of disaster The declaration may not be continued or renewed for a period in excess of seven (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 City Secretary (d) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this ordinance 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 cir- cumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary (e) Direction and control of the operations of the Denton Emergency Management organization as well as the training of Emergency Management personnel (f) Determination of all questions of authority and respon- sibility that may arise within the Emergency Management organi- zation of the City (g) Maintenance of liaison with other municipal, county, district, state, regional or federal, Emergency Management organizations (h) Marshalling 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 (1) 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 said city is located and with other munici- palities within the county, for the county -wide coordination of Emergency Management efforts PAGE 3 (j) 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 (k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes (1) Survey of the availability of existing personnel, equip- ment, supplies and services which could be used during a disaster, as provided for herein (m) other requirements as specified in Texas Disaster Act 1975 (V T C S Article 6889-7) Sec 7-5 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 ordinance As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas 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 ordinance and have the effect of law during the time of a disaster Sec 7-6 Interjurisdictional Program The Mayor is hereby authorized to join with the County Judge of the County of Denton and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of Denton 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 City of Denton PAGE 4 Sec 7-7 Override At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith Sec 7-8 Immunity The ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Denton, the agents and represen- tatives 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, rules, or regulation promulgated pursuant to the provisions of this ordinance 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 of Denton 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 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 Sec 7-9 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 ordinance without prior approval by the City Council except in accordance with the approved City and/or County budgets or as authorized by law No person shall 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 Sec 7-10 Offenses (a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Manage- ment organization in the enforcement of any rule or regulation PAGE 5 issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance (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 of Denton, 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 termi- nation of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance Sec 7-11 Penalty That any person violating any of the provisions of Section 7-10 hereof shall, upon conviction, be fined a sum not exceeding One Thousand Dollars ($1,000 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity ShCTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION III This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation ShCTION IV All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict PAGh 6 SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of d f is assa e the ate o i p g PASSED AND APPROVED this the Av�day of 1987 RAY ST'PHEN , MAYOR CITY OF DENION, TEXAS AT1hST JENN R , C ECRETARY CIT F D TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY L_bw. 2L, PAGE 7