2004-101AN ORDINANCE AMENDING, REPEALING AND REPLACING CHAPTER 9 oF THE
CODE OF ORDINANCES "EMERGENCY MANAGEMENT"; CREATING AN OFFICE OF
EMERGENCY AND DISASTER MANAGEMENT, DIRECTOR OF DISASTER AND
EMERGENCY SERVICES, AND OTHER OFFICES; PROVIDING FOR AN EMERGENCY
MANAGEMENT PLAN, PROVIDING DEFINITIONS; PROVIDING FOR A
DECLARATION OF A DISASTER PROCLAMATION; PROVIDING FOR SUSPENSION OF
LAWS AND THE POWERS OF THE MAYOR DURING AN EMERGENCY/DISASTER;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT
TO EXCEED $5,000 FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of tho City of Denton, Texas fmds that the identification of
potential hazards and the prevention of 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 preparation of a comprehensive
Emergency Management Plan, and the means for its implementation, providing for the protection
of lives and property in the City of Denton from natural or manmade 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, regulations, and preparations with a minimum of
delay; and
WHEREAS, the City Council finds that it is in the public interest to provide for the
necessary powers and authority to provide the prompt and effective use of all City resources to
prepare for, recover from and respond to disasters that are likely to affect the public health,
welfare and safety; and
WHEREAS, in times of disaster and emergency there is an urgent need for the prompt
suspension of laws and regulations and the enactment of same to protect the public health,
welfare, and safety; and
WHEREAS, the City Council finds, therefore, that the enactment of a modem
"Emergency and Disaster Planning and Response" Chapter of the City Code is necessary and in
the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations set forth in the preamble of this Ordinance
are incorporated by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. That Chapter 9 "Emergency Management" of the City Code is hereby
amended, repealed and replaced by the following Chapter entitled, "Emergency and Disaster
Planning and Response."
Chapter 9 "Emergency and Disaster Planning and Response."
Article I. Emergency and Disaster Management
Section 9-1. Purpose and Declaration of Policy.
The purpose of this Chapter is to provide the necessary organization, powers, and
authority to provide the timely and effective use of all City resources to prepare for,
respond to and recover from disasters and or emergencies, natural or manmade, that are
likely to affect the health, security, safety, welfare or property of the City and its
residents, whether the events occur within or without the corporate limits of the City.
This Chapter is enacted to provide the City, its officers and employees, with the broadest
power permitted by the City Code, City Charter, state and federal law to plan for and
respond to disasters and or emergencies.
Section 9-2. Definitions.
When used herein the following terms shall mean:
(a)
Civil emergency shall include, without limitation, any condition of unrest, riot,
civil disobedience, affray, unlawful assembly, hostile, military or paramilitary
action, war, terrorism or sabotage.
(b)
Critical infrastructure includes all public or private assets, systems, and functions
vital to the security, governance, public health and safety, economy, or morale of
the City.
(c)
Curfew means the period during which no person other than expressly authorized
officials of the city, county, state or federal government may be present in or upon
public streets, sidewalks, parks or other public places or on private property
without the consent of the owner or tenant thereof or at any other place where
such person has no right or authority to be during such a period.
(d)
Dangerous product means any material or product which could reasonably be
expected to be used as a tool of arson or terrorism, explosive or weapon, including
but not limited to: gasoline and other liquid flammable and combustible products;
dynamite and other explosives; firearms and munition; and knives and other
dangerous weapons.
(e)
Disaster, whether natural or manmade, shall include, without lhnitation, the
occurrence or imminent threat of widespread or severe damage, injury, or loss of
life or property resulting from flood, fire, cyclone, tornado, earthquake, severe
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high or low temperatures, water contamination or pollution, land contamination or
pollution, air pollution, blizzard, landslide, mudslide, hurricane, volcanic activity,
building or structural collapse, high water table, pandemic disease, epidemic, riot,
blight, drought, infestation, wind, storm, wave action, hazardous substance spills
or releases, chemical spills or releases, petroleum spills or releases, air
contamination, biological matter spills or releases, radiation releases or exposures,
infestation, explosions, sabotage, mass transportation accidents or public health
emergencies, computer failure or other electronic or technological failures that
threaten the public health, safety and welfare, hostile military or paramilitary
action or terrorist attack, or any other public calamity requiring emergency action
or a utility or energy emergency.
(0
Emergency means the imminent threat or occurrence of a disaster, civil
emergency or utility or energy emergency affecting the City and its residents and
inhabitants where the Mayor determines that the exercise or discharge of
emergency or disaster powers is necessary to save lives, protect property, to
protect the public health and safety, or to lessen or to avert the threat of a
catastrophe or calamity within the City.
(g)
Homeland security activity means any activity related to the prevention or
discovery of, response to, or recovery from a terrorist attack, natural or man-made
disaster, hostile military or paramilitary action, or extraordinary law enforcement
emergency.
(h)
Mayor means the Mayor of the City or the Mayor Pro Tem in his or her absence
or incapacity or the next council member in succession who may be available in
the absence or incapacity of the Mayor Pro Tem.
(i)
Public place means any public road, street, alley or other right-of-way within the
City or immediately adjacent thereto, any property owned or leased by the City or
under its control or any store, building or place at which people are assembled or
to which people commonly resort for purposes of business, amusement or
education.
6)
Utifity emergency shall include, without limitation, conditions which endanger or
threaten to endanger the safety, potability, availability, transmission, distribution,
treatment, or storage of water, natural gas, gas fuel, electricity, communication,
solid waste or sewage.
The term "energy emergency" and other terms not specifically def'med herein shall be
defined in accordance with the definitions set forth in Chapter 418 "Emergency
Management" or Chapter 421 "Homeland Security" of the Government Code or any
successor statute. All other terms not defined herein or in Chapter 418 or 421 shall be
construed in their common and usual meaning unless the contrary is clearly indicated and
in accordance with Section 1-2 of this Code.
Page 3 of 16
Section 9-3. Director; Coordinator; Program Manager.
(a)
There is hereby created the Office of Emergency and Disaster Management
headed by the Director of Emergency and Disaster Services of the City which
position shall be held by the Mayor. An Emergency Management Coordinator
shall be appointed by and serve at the pleasure of the Director, in conjunction
with the County and other governmental entities. The Emergency Management
Coord'mator shall appoint an Emergency Management Program Manager who
shall be authorized to execute and perform all duties of the Coord'mator, as
enumerated in this Article. Such appointment shall be approved by the Director
of Emergency and Disaster Services hereinafter sometimes referred to as Director.
(b)
The Emergency Manager Coordinator shall be responsible for all actions taken
with respect to requests for revenue, grants, or other funding for homeland
security or emergency management activities or initiatives or any other duties
delegated to the Coordinator by the Director. The Coordinator shall inform the
Office of the Govemor about any such actions relating to homeland security. In
the event the City receives a grant or other funding related to homeland security
as a result of these activities, the Coordinator shall provide the Office of the
Governor with an annual report detailing the City's compliance with homeland
security strategy. The Coordinator shall also be responsible for securing and
maintaining the confidentiality of all information relat'mg to critical infrastructure
or any other categories of information made confidential by Chapters 418 and 552
of the Government Code or any other applicable provisions of the law.
Section 9-4. Operational Organization.
The operational disaster and emergency services organization o£the City shall consist of
the municipal officers and employees set forth in this chapter and who may be designated
by the Mayor and City Manager and volunteer workers. Plans of organization shall
substantially conform to recommendations of the federal government and the State
Emergency Management Division or the State Office of Disaster or Emergency Services
or any successor agencies. The functions and duties of this organization shall be
distributed to the officers and employees of the City in accordance with the terms of the
emergency management program or plan.
Section 9-5. Powers and Duties of the Director.
The duties and responsibilities of the Director of Emergency and Disaster Services shall
include, without limitation, 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 program of identifying and requiring or
Page 4 of 16
(b)
(e)
(d)
(c)
(0
(g)
(h)
(i)
(J)
(k)
(1)
recommending the implementation of measures which would tend to prevent the
occurrence or reduce the impact of such hazards if a disaster did occur;
Supervision of the development and approval of an emergency management
program or plan for the City and recommend for adoption of the City Council all
mutual aid arrangements deemed necessary for the implementation of such plan;
Direction and control of the operations of the City emergency and disaster
management organization, as well as the training of emergency management
personnel;
Determination of all questions of authority and responsibility that may arise
within the emergency management organization of the City;
Maintenance of liaison with other municipal, county, district, state, regional or
federal emergency management organizations;
Marshalling of all necessary personnel, equipment or supplies from any
department of the City to aid in carrying out the provisions of the emergency
management plan;
Supervision of the drafting and execution of mutual aid agreements in cooperation
with the representatives of the state and other local political subdivisions of the
state, and the drafting and execution, if deemed desirable, of an agreement with
the county in which the City is located and with other municipalities within the
county, for the county-wide coordination of emergency management efforts;
Supervision of and final authorization for the procurement of all necessary
supplies and equipment, including acceptance of private contributions that may be
offered for the purpose of improving emergency management within the City;
Authorizing agreements, after approval by the City Attorney, for use of private
property for public shelter and other purposes;
Surveying the availability of existing personnel, eqtfipment, supplies and services
which could be used during a disaster, as provided for this article;
Assisting the City Manager, the Mayor Pro Tem or the Mayor's designee in the
exercise of emergency powers under Section 9-22. The Director of Emergency
and Disaster Services shall consult with the City Attorney in the planning and
exemise of emergency measures;
Coordinate with the state and federal government, the Department of Homeland
Security and any successor agency and other governmental agencies as may be
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necessary to plan and implement a joint jurisdiction emergency planning and
disaster services plan and mutual aid arrangements;
(m)
Request the Mayor when appropriate to declare a state of disaster or emergency as
provided in Section 9-21;
(n) Control and direct emergency training activities;
(o)
Maintain a liaison with other municipal, state, regional and federal disaster and
emergency services agencies;
(p)
Marshal and direct, after the declaration of a state of disaster or emergency, the
operational disaster and emergency services organization of the City, including all
necessary personnel equipment and supplies from any department of the City to
aid in carrying out the emergency operations program or plan;
(q)
Prepare under the direction of the Mayor and in consultation with the City
Attorney, all necessary emergency proclamations, rules, and orders pursuant to
Sections 9-21 and 9-22, and implement the emergency operations plan or
program;
Serve as an operations officer for any joint or mutual emergency operations
administration;
(s)
Exercise any other process or duties as may be assigned by the Mayor Or City
Council and as may be specified in the Texas Disaster Act of 1975, V.T.C.A.,
Government Code, Chapter 418 or the Homeland Security Act of 2003, V.T.C.A.,
Government Code, Chapter 421, or any successor statute and any other applicable
local, state or federal laws;
(t)
Consult with the City Attorney as necessary in the planning and exercise of
emergency powers.
The Director shall be responsible for a program of comprehensive emergency
management and for carrying out the powers, duties and responsibilities set forth in this
Chapter. He or she may delegate authority for the execution of these duties to the
Coordinator and the Program Manager, but will be responsible for the execution of these
duties.
Section 9-6. Emergency Management Plan.
The Director of Emergency and Disaster Services shall develop and maintain and
recommend for adoption by the City Council a comprehensive emergency management
plan 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
Page 6 of 16
designate officers and employees to carry out the provisions of this Chapter. As
provided by state law, the plan shall follow the standards and criteria established by the
State Division of Emergency or Disaster Management or any successor agency. 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 Chapter and
have the effect of law during the time of a disaster or emergency. The Director shall
make continuing studies of the emergency management plan or program.
Section 9-7. Mutual Aid Agreements
(a)
The Director may, on behalf of the City, enter into reciprocal aid, mutual aid, joint
powers agreements, intergovernmental assistance agreements, or other compacts,
plans, or agreements with other governmental entities for the protection of life
and property. Such agreements may include the furnishing or exchange of
supplies, equipment, facilities, personnel, and/or services and authorize
employment by the county and other cities and governmental entities within the
county with the Director as area coord'mator for mutual aid.
(b)
The City Council or any of its committees, boards, commissions, or authorities
may exercise such powers and functions in light of the exigencies of the
emergency or disaster and may waive compliance with time consuming
procedures and formalities prescribed by law.
(c)
The Director shall recommend for adoption by the City Council mutual aid plans
and agreements which are deemed essential for the emergency management plan
or program.
(d)
The Director is authorized to join with other city, county, state and federal
officials to form joint emergency management plans and programs and in the
appointment of a joint emergency management coordinator and to participate in
county-wide, regional and state-wide programs of emergency and disaster
management and to present any such plans or programs for the approval of the
City Council.
Sections 9-8 - 9-20. Reserved.
Article II. Regulations During Times of Disaster or Emergency
Section 9-21. Authority to Declare State of Disaster.
The Mayor is hereby authorized to declare by proclamation a state of disaster and to take
any action deemed necessary to provide adequate control over persons and conditions
Page 7 of 16
during such periods of impending or actual public emergency or disaster, and it is the
intent of the City Council to provide the means whereby the Mayor may take steps to
protect lives and property and maintain the operation of the government, until the City
Council or the Governor of the state shall further act.
Section 9-22. Mayor's Powers During Disaster or Emergency.
The Mayor is authorized, if the Mayor finds that the City or any part thereof is suffering
or is in/mminent danger of suffering a disaster, emergency, civil emergency, or utility
emergency, to declare a local disaster and issue orders exercising all emergency powers
including without limitation, all of the following:
(a)
Temporarily suspend, limit, cancel, convene, reschedule, postpone, continue, or
relocate all meetings of the City Council, and any City committee, commission,
board, authority, or other City body as deemed appropriate by the Mayor.
(b)
Suspend or limit the sale, distribution, dispensing or transportation of alcoholic
beverages, firearms, explosives, and other combustible products and require the
closing of those businesses or parts of businesses insofar as the sale, distribution,
dispensing, or transportation of these items are concerned.
(c)
Establish a curfew during such hours of the days or nights and affecting such
categories of persons as may be designated.
(d) Requhre closing of business establishments.
(e)
Prohibit the sale or distribution within the City of any products which could be
employed in a manner which would constitute a danger to public safety.
(f)
Temporarily close any and all streets, alleys, sidewalks, bike paths, public parks
or public ways.
(g)
Temporarily suspend or modify, for not more than seven (7) days, any regulation
or ordinance of the City, including but not limited to, those regarding health,
safety, and zoning. This period may be extended upon approval of the City
Council.
(h) Suspend or limit the use of the City's water resources or other infrastructure.
(i)
Control, restrict, allocate, or regulate the use, sale, production, or distribution of
food, water, fuel, clothing, and/or other commodities, materials, goods, services,
and resources including the establishment of wage, rent, and price controls and
other economic stabilization methods necessary to preserve economic stability.
Page 8 of 16
O)
(1)
(m)
(n)
(o)
(p)
(q)
(0
Suspend or limit burning of any items or property within the City limits and up to
five (5) miles outside the corporate limits.
Require emergency services of any City officer or employee. If regular City
forces are determined to be inadequate, then to acquire the services of such other
personnel as the Mayor can obtain that are available, includ'mg citizen volunteers.
All duly authorized persons rendering emergency services shall be entitled to the
privileges and immunities as are provided by state law to other registered and
identified disaster emergency workers.
Utilize all available resources of the City as reasonably necessary to manage the
disaster or emergency.
Direct and compel the evacuation of all or part of the population l~om any
stricken or threatened areas within the City if the Mayor deems this action is
necessary for the preservation of life, property, or other disaster or emergency
mitigation, response or recovery and to prescribe routes, modes of transportation
and destination in connection with an evacuation.
Purchase or lease materials, supplies, or equipment dating the local disaster or
emergency, and to authorize any or all .agencies or City officials to directly
purchase or lease those materials, supplies, or equipment essential to continue the
work of the City involved without the advertisement of bids. Purchases or leases
exceeding the amount of twenty-five thousand dollars ($25,000.00) shall require
prior approval by the Director of Finance and Municipal Services shall follow the
emergency procurement procedures set forth in Section 9-23.
Hire and contract for construction, engineering, architectural, building, electrical,
plumbing, and repair of public improvements and/or other professional or
construction services essential to continue to work of the City without the
advertisement of bids when the delay of advertising and public bidding might
cause serious injury or loss. Such contracts shall not exceed twenty-five
($25,000.00) without prior approval having been given by the Director of Finance
and Administrative Services and following the emergency procurement
procedures set forth in Section 9-23.
Make application for local, state, or federal assistance.
Establish and control routes of transportation, ingress or egress.
Control ingress and egress from any designated disaster or emergency area or
home, building or structures located therein.
Page 9 of 16
(s)
(0
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
Utilize private property as necessary to cope with emergency or disaster
conditions, subject to any requirements established by law for compensation and
in accordance with Section 9-31.
Appropriate and expend funds, exclude contracts, authorize the obtaining and
acquisition of property, equipment, services, supplies, and materials without strict
compliance with procurement regulations or procedures.
Transfer the direction, personnel, or functions of City departments and agencies
for the purpose of performing or facilitating emergency or disaster services.
Accept services, gifts, grants, loans, equipment, supplies, and/or materials
whether from private, nonprofit, or governmental sources.
Terminate or suspend any process, operation, machine, device, or event that is or
may negatively impact the health, safety, and welfare of persons or property
within the City.
Delegate authority to such City officials as the Mayor determines reasonably
necessary, convenient, or expedient.
Require the continuation, termination, disconnection, or suspension of natural gas,
electrical power, water, sewer, communication or other public utilities or
infi'astmcture.
Close or cancel the use of any municipally owned or operated building or other
public facility.
Disinfect, abate, demolish, remove or clean up any building, structure, site,
wreckage, or debris.
Declare, issue, enforce, modify and terminate orders for quarantine and isolation
of persons or animals posing a threat to public health.
Exercise such powers and functions in light of the exigencies of emergency or
disaster including the waiving of compliance with any time consuming procedures
and formalities, including notices, as may be prescribed by law.
Issue any and all such other orders or undertake such other functi(~ns and
activities as the Mayor reasonably believes is required to protect the health,
safety, and welfare of persons or property within the City or otherwise preserve
the public peace or abate, clean up, or mitigate the effects of any emergency or
disaster.
Page 10 of 16
(ce)
Exemise the full power and authority to provide by proclamation all regulations
reasonably necessary to protect the health, security, welfare, safety, peace, life
and property of the City and the inhabitants during the fane of such crisis.
(fO
Delegate, to the extent allowed by law, any or all of these powers and duties to the
Emergency Management Coordinator.
(gg)
Petition the Governor to apply to the Federal Government for financial assistance
and for aid to local families and individuals adversely affected by the disaster or
emergency.
Section 9-23. Emergency Procurements.
(a)
Notwithstanding any provision of this Code to the contrary, the Mayor, upon
declaration of a state of emergency by proclamation as provided in Section 9-21,
may authorize the City Manager or the City Manager's designees to procure by
purchase or lease, such goods and services as are deemed necessary for the City's
emergency response effort. This emergency procurement of goods or services
may be made in the open market without filing a requisition or estimate and
without advertisement for immediate delivery or furnishing. A full written
account of all emergency procurements made during this emergency, together
with a requisition for the required materials, supplies, equipment, or services,
shall be submitted to or provided by the City Manager within 30 days after their
procurement, and shall be open to pubhc inspection for a period of at least one
year subsequent to the date of the emergency purchases. The City Manager shall,
within three months of the conclusion of the emergency, formally communicate
these emergency expenditures in a full written account to the City Council.
(b)
All payments or compensation for personal services must be approved by City
Council unless othenvise authorized by law.
Section 9-24. 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 but only to the
extent of any such conflict or inconsistency.
Section 9-25. Filing and Notice of Declaration and Regulation.
Any proclamation or declaration of disaster or emergency and emergency regulations
issued by the Mayor shall be promptly filed with the City Secretary and the public shall
be promptly notified through general publicity of said declaration in the official
newspaper of the City or by local radio or television or by posting said declaration and
regulations on the City's web site or by circulating notice or by posting signs at
Page il of 16
conspicuous places within the affected area or by any combination of such methods or as
otherwise may be required by law.
Section 9-26. Prohibited Conduct During Disaster or Emergency.
During the period an actual or impending local disaster or emergency has been declared,
it shall be unlawful for any person to:
Enter or remain upon the premises of any establishment not open for business to
the public, unless such person is the owner or agent of the establishment.
Violate any of the orders or regulations duly issued by the Mayor or authorized
personnel.
Willfully obstruct, hinder, or delay any duly authorized peace officer or any
member of the emergency management organization in the enforcement of the
provisions of this Chapter, or any order or regulation issued under authority
provided for in this Chapter or to do any act forbidden by any role or regulation
issued pursuant to the authority contained in this Chapter.
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.
To operate a siren or other device so as to simulate a warning signal or the
termination of a warning, unless authority to do so has been granted to such
person by the proper officials.
Section 9-27. Effective Term of Declaration.
The declaration of a local disaster or emergency shall be in effect immediately upon
issuance and shall remain in effect for a period of up to seven (7) days or the maximum
period allowed by law. This period may be extended by the Mayor only upon approval
of the City Council or by the Govemor.
Section 9-28. 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 except in accordance with the approved City and/or county budgets or as
authorized by this Chapter and other applicable 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
Page 12 of 16
for the protection of health, safety, welfare, life or property in accordance with Sections
9-22 and 9-23 of this Chapter.
Section 9-29. Location of City Council Meetings and Departments.
(a)
Whenever an emergency or disaster makes it imprudent or impossible to conduct
the affairs of the City at its regular locations, the City Council may meet at any
place, inside or outside the City limits. Any temporary disaster meeting location
for the City Council shall continue until a new location is established or until the
emergency or disaster is terminated and the City Council is able to return to its
normal location.
(b)
Whenever an emergency or disaster makes it imprudent or impossible to conduct
the affairs of any department of the City at its regular location, such department
may conduct its business at any place, inside or outside the City limits, and may
remain at the temporary location until the emergency or disaster is declared ended
or until the department is able to return to its normal location.
(c)
Any official act or meeting required to be performed at any regular location of the
City Council or of its departments shall be valid when performed at any
temporary location established under this section.
Section 9-30. Authority to Enter Property.
During the period of a declared emergency or disaster, a City officer or emploYee or
authorized agent may enter onto or upon private property if the officer, employee or
authorized agent has reasonable grounds to believe that there is a true emergency or
disaster and an immediate need for assistance for the protection of life or property, and
that entering onto the private land will allow the employee or authorized agent to take
such steps to alleviate or minimize the emergency or disaster or to prevent or minimize
risk or danger to lives or property from the declared emergency or disaster.
Section 9-31. Property Taken or Commandeered. Any person making a claim for
property taken, used or commandeered during the emergency or disaster shall follow the
procedure set forth and be compensated in accordance with the requirements and
restrictions of Chapter 418 of the Govermnent Code or any successor statute.
Section 9-32 - 9-50. Reserved.
Article IlL Enforcement, Immunity, and General Application
Section 9-51. Scope and Application.
Page 13 of 16
The provisions of this Chapter shall apply to all executive, legislative, and judicial
branches, powers, and fimctions conferred upon the City and its officers, employees, and
authorized agents.
Section 9-52. Immunity.
(a)
This Chapter is an exemise by the City of its governmental functions for the
protection of the public peace, health, safety, and welfare and neither the City, the
agents and representatives of the 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 Chapter, shall be
liable for any damages sustained to persons as the result of the activity. Any
person owning or controlling real estate or other premises who voluntarily and
without compensation grants to the City a license or privilege or otherwise
permits the City to inspect, designate and use the whole or any part of such real
estate or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack or natural or marLmade 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.
(b)
Any officer, employee, or volunteer of the City performing a homeland security
activity or other emergency activity under this Chapter shall also be entitled to the
protection of the limitations on liability contained in Chapters 418 and 421 of the
Government Code or any successor statute or any other applicable law.
Section 9-53. Authority for Enforcement.
The members of the police fome of this City and other law enforcement agencies have
jurisdiction or as otherwise authorized by the Mayor, the public health department, the
fire department, or such other persons as authorized by the Mayor, are hereby authorized
and directed to enforce the orders, rules, and regulations made or issued pursuant to this
Chapter.
Section 9-54. Penalty for Violation.
(a)
Any person violating any of the provisions of the Chapter shall, upon conviction
of any provision that governs fire safety, zoning or public health and sanitation,
be fined a sum not exceeding two thousand dollars ($2,000) and upon conviction
of a violation of any other provision of this Chapter, be fmed a sum not exceeding
five hundred dollars ($500).
Page 14 of 16
Co)
Any person violating a proclamation of emergency or disaster, a subsequent
proclamation exemising emergency or disaster powers, a rule, regulation or order,
which rule, regulation or order issued pursuant to this Chapter, or who violates
any order or directive of emergency services personnel pursuant to this Chapter
shall, upon conviction of any proclamation, rule, regulation, order or directive that
governs fire safety, zoning or public health and sanitation, be fined a sum not
exceeding two thousand dollars ($2,000) and upon conviction of a violation of
any other proclamation, rule, regulation, order or directive issued under this
Chapter, be f'med a sum not exceeding five hundred dollars ($500).
(c)
Each and every day that the provisions of or any proclamation, rule, regulation,
order or directive issued under this Chapter are violated shall constitute a separate
and distinct offense.
Section 9-55. Civil Penalty.
Any owner or owner's representative with control over the premises violating any
provision of or any proclamation, rule, regulation, order or directive issued under this
Chapter upon proof that (1) the defendant was actually notified of the provisions of this
Chapter or of any proclamation, rule, regulation, order or directive issued under this
Chapter; and (2) after the defendant received notice of the Chapter, proclamation, rule,
regulation, order or directive, the person committed acts in violation of same or failed to
take action necessary for compliance may be assessed a civil penalty not exceeding one
thousand dollars ($1,000) a day for violation or a civil penalty not to exceed five
thousand dollars ($5,000) a day for violations relating to point source effluent limitations
or the discharge of a pollutant, other than fi.om a non-point source, into a sewer system,
including a sanitary or storm water sewer system, owned or controlled by the City or
assessed a civil penalty as may otherwise be authorized by law.
Section 9-56. Penalties Cumulative.
All penalties in this Chapter are in addition to and cumulative of any other remedies that
may be available at law and in equity, including, without limitation, injunctive relief.
Section 9-57. Severability.
The provisions of this Chapter are declared to be severable, and if any section, sentence,
clause or phrase of this Chapter shall for any reason be held to be invalid or
unconstitutional or if the application of this Chapter to any person or circumstance is held ·
to be invalid or unconstitutional, such holding shall not affect the validity of the
remaining sections, sentences, clauses and/or phases of this Chapter.
SECTION 3. This ordinance shall become effective fourteen (14) days fi.om the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
Page 15 of 16
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the f/~_ day of ~/~/~ ,2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: //~~~~'
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