1987-0951234L
AN ORDINANCE REPEALING THE EXISTING CHAPTER 7 OF THE CODE OF
ORDINANCES AND ADOPTING A NEW CHAPTER ? TO BE ENTITLED "EMERGENCY
MANAGEMENT", ESTABLISHING A PROGRAM INCLUDIN~ MITIGATION, PRE-
PAREDNESS, 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-
IN6 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
fHOUSAND DOLLARS ($1,000 00), AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City Councxl of the City of Denton, Texas finds
that the ldentlfxcatxon of potential hazards and the preventxon
or mltxgatxon of thexr effects must be an on-goxng concern of the
Cxty if the lxves 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 ~ts ~mplementat~on, for the protection of l~ves and property
~n the C~ty of Denton from natural or man-caused d~sasters or
threat thereof is ~mmed~ately essential, and
WHEREAS, the C~ty Council further f~nds that ~n t~mes of
d~sasters which may ~mper~l the safety of the ~nhab~tants of the
C~ty, or their property, ~t becomes necessary to effectuate and
place ~nto operation the preconceived plans and preparations with
a m~n~mum of delay, and
WHEREAS, the City Council finds, therefore, that the prepara-
tion, and ~mplementat~on of such plans are now ~mperat~ve,
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That Chapter 7 of the Code of Ordinances is hereby repealed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 ~s hereby adopted a new Chapter 7 entitled "Emergency
Management" which shall be and read as follows
CHAPTER ? EMERGENCY MANAGEMENT
Sec ?-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 C~ty 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 th~s 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 C~ty
of Denton shall consist of the officers and employees of the C~ty
so designated by the Director in the emergency management plan,
as well as organized volunteer groups The functions and duties
of th~s organization shall be distributed among such officers and
employees ~n 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, w~th 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
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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 d~saster dxd 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 a~d arrangements
deemed necessary for the lmplementatxon 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 w~th 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
d~rectlves which are necessary for carrying out the purposes of
this ordinance Such proclamations, regulations, or d~rectlves
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 d~saster prevent or ~mpede, promptly
filed with the City Secretary
(e) D~rectlon and control of the operations of the Denton
Lmergency 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 C~ty
(g) Maintenance of liaison w~th other municipal, county,
distr~ct, 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, ~n 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 w~th
the county in which said city is located and with other munici-
palities within the county, for the county-w~de coordination of
Lmergency Management efforts
PAG~ 3
(3) Supervision of, and final authorization for the
procurement of all necessary supplies and equipment, ~nclud~ng
acceptance of private contributions which may be offered for the
purpose oi improving Emergency Management w~th~n the C~ty
(k) Authorizing of agreements, after approval by the C~ty
Attorney, for use of private property for public shelter and
other purposes
(1) Survey of the availability of ex~stlng personnel, equip-
ment, supplies and services which could be used during a d~saster,
as prowded for herein
(m) Other requirements as specified ~n Texas D~saster 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 d~ws~ons and
functions, assign responsibilities, tasks, duties, and powers, and
designate off,cers and employees to carry out the provisions of
th~s ordinance As provided by state law, the plan shall follow
the standards and criteria established by the State D~ws~on of
Emergency Management of the State of Texas Insofar as possible,
the form of organization, t~tles and terminology shall conform to
the recommendatxons of the State D~v~s~on of Emergency Management
When approved, ~t 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 t~mes The emergency management plan shall be considered
supplementary to th~s ordinance and have the effect of law during
the t~me of a d~saster
Sec 7-6 inter3ur~sdlctlonal Program
The Mayor ~s hereby authorized to 3o~n w~th the County Judge
of the County of Denton and the mayors of the other c~tles ~n
sa~d county ~n the formation of an Emergency Management Council
for the County of Denton and shall have the authority to cooperate
~n the preparation of a 3o~nt emergency management plan and ~n
the appointment of a 3olnt Emergency Management Coordinator, as
well as all powers necessary to participate ~n a county-w,de
program of emergency management ~nsofar as sa~d program may
affect the C~ty of Denton
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Sec 7-7 Overrxde
At ail times when the orders, rules, and regulations made and
promulgated pursuant to this ordinance shall be in effect, they
shall supersede and override ail existing ordinances, orders,
rules, and regulations ~nsofar 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 C~ty 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 w~thout compensation grants to the
City of Denton a l~cense 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 clwlly 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 w~thout prior approval by the C~ty
Council except ~n 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
obstru,ct, h~nder, or delay any member of the Emergency Manage-
ment organization in the enforcement of any rule or regulation
PAGE 5
~ssued pursuant to this ordinance, or to do any act forbidden by
any rule or regulation issued pursuant to the authority contained
in th~s 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 stren or
other device so as to s~mulate 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 tmposed 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 v~olated shall
constitute a separate and distinct offense This penalty ~s in
addition to and cumulative of, any other remedies as may be
available at law and equity
SECTION II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or c~rcumstance is held ~nval~d by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of th~s ordinance, and the City Council of
the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity
S~CTION III
Th~s ordinance shall not be construed so as to conflict w~th
any State or Federal statute or w~th any m~lltary or naval order,
rule, or regulation
SECTION IV
All ordinances or parts of ordinances ~n force when the
provisions of this ordinance become effective which are lncon-
slsteRt or in conflict with the terms or provisions contained in
this ordinance are hereby repealed to the extent of any such
confllct
PAGE 6
SECTION V
That this ordinance shall become effective fourteen (14)
days from the date of ~ts passage, and the C~ty Secretary ~s
hereby d~rected to cause the caption of th~s ordinance to be
published twice ~n the Denton Record-Chronicle, the official
newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of
the date of ~ts passage
PASSED AND APPROVED th~s the/~day of ~, 1987
CITY OF DhN2ON, TEXAS
ATIkST
JENNifER ~[LTBRff, CITY-SECRETARY
CIT~OF D~TON, TEXAS
APPROVED AS TO LEGAL FORM
DkBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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