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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 -1- 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- -2- 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) --3-- 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 --4-- ~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 -6- 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 -7-