1965-048 AN ORDINANCE CREATING THE POSITIONS OF CITY CIVIL
DEFENSE DIRECTOR AND DEPUTY CIVIL DEFENSE DIRECTOR
AND PROVIDING FOR THE POWERS OF THESE POSITIONS,
PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF
~THE POSITIONS OF THE CITY CIVIL DEFENSE DIRECTOR
AND DEPUTY CIVIL DEFENSE DIRECTOR PROVIDING THE
NECESSARY POWERS TO COPE WITH EMERGENCIES THREATEN-
ING LIFE AND PROPERTY IN THE CITY OF DENTON, AUTH-
ORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUN-
TIES, PROHIBITING UNAUTHORIZED LIGHTS AND WARNING
AND ALL-CLEAR SIGNALS AND MAKING VIOLATION A MIS-
DEMEANOR, PUNISHABLE BY FINE NOT TO EXCEED TWO
HUNDRED DOLLARS, AND IN GENERAL PROVIDING FOR THE
EFFECTIVE OPERATION OF THE LEGALLY CONSTITUTED CITY
'GOVERNMENT OF DENTON DURING ALL EMERGENCY SITUATIONS
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I.
There are created the positions of Civil Defense Director
and Deputy Civil Defense Dzrector for the City of Denton, Texas
The City Manager of the City of Denton shall be known as the
Civil Defense Director for the City of Denton, Texas and shall
hereby be authorized to appoint a Deputy Civil Defense Director
and such staff as deemed necessary to accomplish the purpose
set out herezn, and as approved by the City Council
SECTION II
In compliance with the State of Texas executive Order No
1, dated July 18, 1950, the Mayor of the City of Denton, Texas
zs hereby recognized as the Mun~czpal Defense Coordinator for
the Czty of Denton In the event of the absence or lncapac~ta-
tlon of the Mayor h~s duties shall be assumed by the Mayor Pro-
Tem as directed by Section 2 04 of the Charter of the City of
DentQn Any further succession to these duties shall be deter-
m~ned by the then existing members of the Czty Council The
Mayor and City Council shall determlne all matters of policy
in all emergency situations, and shall approve by resolution
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the Emergency Operations Plan The Clvll Defense Director is
hereby charged w~th the preparation of the Emergency Operations
Plan, lts revision and adm~nlstratlon, and with the d~rect~on of all
activities of the Emergency Organization when such plan is ~mple-
mented w~thln th~ Corporate l~m~ts of the C~ty of Denton
SECTION III.
Upon reclept of warning of attack or posslble disaster, all of
the followlng persons w~ll be not~fled lmmedlately (A) Civil
Defense Dlrector (B) Deputy C~vll Defense D~rector (C) Chief of
Poll~e, and (D) F~re Chief The Defense D~rector and hls deputy
will take ~mmed~ate action to lnform the Mayor, or in h~s absence,
the Mayor Pro-Tom, of the ex~st~ng or ~mpend~ng situation It
shall then be the duty of suoh offlclal to evaluate the ~nforma~
t~on, determine the requirement for aot~vatlon of the Emergency
Operations Plan, and to d~rect the ~mplementat~on of such plan
when necessary In the event the Mayor and/or Mayor Pro-Tom
deem it necessary to declare a state of emergency or martial law,
this act must be ratified by the C~ty Council, if available, with-
in 48 hours If the hazard exists wlthln the corporate l~m~ts of
the C~ty of Denton, the Defense D~rector, h~s deputy, or their
designated representatlve will dlrect operations If outside of
the Corporate Llm~ts of the City of Denton, and ~n the County of
Denton, the County Judge w~ll d~rect Emergency Operations and
may, at the d~soret~on of the C~ty Council, utilize the C~ty
equlpment and personnel provided they remaln under the direction
of the Defense D~rector
SECTIQN IV
,It shall further be the duty of the Defense D~rector to im-
plement the followlng (A) The control and direction of the
actual operatlon or tralnlng effort of the Emergency Organ~zatlon
for the City of Denton, (B) The determination of all questions
of authorlt and responsibility that may ar~se w~th-
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in the Emergency Organization for the City of Denton, (C)
The maintenance of necessary liaison with other municipal, dls-
trlct~ State~ County, Regional, Federal or o~her Emergency Or-
ganizations; (D) The marshalling, after declaration of an
emerqency, of all personnel~ equipment or supplies from any
department of the City of Denton to ald in the execution of
Emergency plans, (E) The issuance with the concurrence of the
members of the City Council then present, of all necessary
proclamations as to the existence of an emergency and the lm-
med~&te operational implementation of the Emergency Operatlon
Plan, (F) The ~ssuance of reasonable rules, regulations or
directives which are necessary for the protection of life and
property within the City of Denton. Such rules, when approved
by the City Council, shall be filed in the office of the C~ty
Secretary and shall receive wide spread publIcity where poss-
lble~ (G) The supervision of the drafting and execution of
mutual aid agreements in cooperation w~th representatives of
the State and other political subdivisions of the State and
the drafting, to be approved by the C~ty Counc~l~ of an agree-
ment with these political subdivisions, (H) The supervlson of
an~flnal authorization for the procurement of all necessary
supplies and equlpment~ including acceptance of private contri-
butions, (I) The authorizing of agreements, after approval of
the City Attorney, for the use of private property for air ra~d
shelters and other purposes.
SECTION V.
Each person serving as a member of the Emergency Organiz-
ation prior to the assumption of themr duty or duties shall
take, an oath, or make a statement, which shall be substantially
as follows:
"I, , do solemly swear (or affirm)
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that I will faithfully execute the duties of the office of
of the City of Denton, Texas, and will
to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State
and the Charter and ordinances of this City, and I further-
more solemnly swear (or affirm) that I have not directly or
directly paid, offered or promised to pay, contributed or pro-
mlsed to contribute any money, or valuable thing, or promised
any public office or employment, as a regard for the
or withholding a vote at the election at which I was elected.
(of if the office is one of appointment, "to secure my appoint-
ment.'') So Help Me God"
SECTION VI.
Any light displayed contrary to any order, rule or regula-
tion promulgated pursuant to the provisions of this ordinance
constitutes a public nuisance and is hereby declared to be a
misdemeanor and when deemed necessary ~n order to protect life
or property during blackouts or air raids, the police are
authorized and directed to enter upon any premises within the
City iof Denton, using reasonable force,and extinguish lights
or take other necessary action to make effective any order,
rule or regulation promulgated under the authority conferred
by this ordinance. The penal provision of this ordinance appl-
ies hereto.
SECTION VII.
Any unauthorized person who shall operate a siren or other
device so as to simulate a blackout signal or air ra~d, or the
term~natlon of a blackout or air raid, shall be deemed guilty
of a vlolat~on of this ordinance and shall be subject to the
penalties imposed by this ordinance
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~ECTION VIII
At all tames when the orders, rules and regulations made
and promulgated pursuant to this ordinance shall be in effect,
they shall supersede all existing ordinances, orders, rules
and regulations insofar as the latter may be ~nconslstent
herewlth
~ECTION IX
This ordinance shall not be construed so as to conflict
with any State or Federal statute or w~th any military or naval
order, rule or regulation, or with the Charter of the C~ty of
Denton
SECTION X
Th~s ordinance is an exercise by the City of its govern-
mental functions and police powers for the protection of the
public peace, health and safety and neither the City of Denton,
its agents and representatives of said City, or any individual,
receiver, firm, partnership, corporation, association, or trus-
tee, or 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
ordinance shall be liable for the death of or injury to any
person or damage to any property Any person owning or con-
trolllng real estate or other premises who voluntarily and
w~thout compensation grants to the City of Denton 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 th~purpose of shelterIng persons during an
actual, Impending or practice enemy attack, shall, together
with his successors in ~nterest, if any, not be civilly l~a-
ble fqr the death of, or ~n]ury 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
SECTION XI
It shall be unlawful for any person to wllfully obstruct,
hinder, or delay any member of the Emergency Organization in the
enforcement of any rule or regulation 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
It shall be likewise unlawful for any person to wear, carry or
dlspl&y any emblem, insignia or any othermeans of identification
as a member of the Emergency Organization of the City of Denton,
unless authority so to do has been granted to such person by
the proper officials Convictions for violations of any provis-
ion of this ordinance shall be punishable by a fine in any am-
ount not to exceed Two Hundred ($200 00) Dollars Each day any
such violation continues shall constitute a separate offense
SECTION XII
To establish orderly control and direction in the event
personnel losses should occur, the order of succession to the
duties and responsibilities of the Defense Director shall be
determined by the Mayor
~ECTION XIII
That all ordinances or parts of ordinances in force when
the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms oW provisions con-
talned in this ordinance are hereby repealed to the extent of
any such conflict
SECTION XIV
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application there-
of to any person or circumstances is held invalid by any court
of competent ]urlsdlctlon, such holding shall not affect the
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validity of the remaln~ng portions of this ord~nance~ and
the C~ty Council of the C~ty of Denton, Texas, hereby declares
· t would have enacted such remaining portions despite any such
~nval~d~ty.
SECTION XV
That thms ordinance shall become effective fourteen (14)
days from the day of ~ts passage~ and the C~ty Secretary zs
hereby d~rected to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle wlthzn ten (10)
days of the date of ~ts passage.
PASSED AND APPROVED thzs ~ ~ day of ~~.,
A.D. 1965.
Warren Whltson; Jr.~ Mayor
City of Denton, Texas
ATTEST
C~ty of Denton, Texas
APPROVED AS TO LEGAL FORM
JJa~ Q. Barton, City Attorney
of Denton, Texas
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