HomeMy WebLinkAbout90-2827CIVIL DEFENSE
ORDINANCE NO. 90-2827
AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING
MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY
PHRASES OF COMPREHENSIVE EMERGENCY MANAGEMENT;
ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT
DIRECTOR; AUTHORIZING THE APPOINTMENT ON 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
PLAINVIEW; AUTHORIZING COOPERATIVE AND MUTUAL
AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND
OTHER CITIES OR COUNTIES AND FOR RELATED
PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND
ALL-CLEAR sIGNALS AND MAKING VIOLATIONS A
MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED
$1,000.00; PROVIDING FOR AN EFFECTIVE DATE: AND
AUTHORIZING THE CITY SECRETARY TO PUBLISH IN
ACCORDANCE WITH THE LAW.
WHEREAS, the City Council of the City of Plainview
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
preparation of a Comprehensive Emergency Management Plan,
and the means for its implementation, for the protection of
lives and property in the City of Plainview 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
preparation, and implementation of such plans are now
imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
Section 1. ORGANIZATION
There exists the office of Emergency Management
Director of the City of Plainview, which shall be held by
the Mayor in accordance with state law.
(a)
An Emergency Management Coordinator may be
appointed by and serve at the pleasure of the
Director;
(b)
The Director shall be responsible for a program
of comprehensive emergency management within
the city and for carrying out the duties and
responsibilities set forth in this ordinance.
He/She may delegate authority for execution of
these duties to the Coordinator, but ultimate
responsibility for such execution shall remain
with the Director.
(c)
The operational Emergency Management organization
of the City of Plainview shall consist of the
officers and employees of the City so designated
by the Director in Emergency Management plan, as
well as organize 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.
Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWERS
AND DUTIES
The duties and responsibilities of the Emergency Management
Director 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 program of
identifying and requiring or recommending the
implementation 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
emergency management plan for the City of
Plainview, 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 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)
(e)
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 circumstances
attendant on the disaster prevent or impede,
promptly filed with the City Secretary.
Direction and control of the operations of the
Plainview Emergency Management Organization as
well as the training of Emergency Management
personnel.
(f)
Determination of all questions of authority and
responsibility that may arise within the
Emergency Management organization of the City.
(g)
Maintenance of liaison with other municipal,
county, district, state, regional or federal,
Emergency Management organizations.
(h)
Marshaling 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.
(±)
Supervision of the drafting and execution of
mutual aid agreements, in cooperations 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 municipalities within
the county, for the county-wide coordination of
Emergency Management efforts.
(j)
Supervision of, and final authorization of 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,
equipment, 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).
Section 3. 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 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.
Section 4. INTERJURISDICTIONAL PROGRAM
The Mayor is hereby authorized to join with the County
Judge of ~the County of Hale and the mayors of the other
cities in said county in the formation of an Emergency
Management Council for the County of Hale 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 Plainview.
Section 5. 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.
Section 6. LIABILITY
This 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
Plainview, the agents and representatives 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, rule, 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 Plainview 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.
Section 7. 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, nor shall any person 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.
Section 8. OFFENSES; PENALTIES
(a)
It shall be unlawful for any person willfully to
obstruct, hinder, or delay any member of the
Emergency Management 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.
(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 Plainview, unless authority to do so has
been granted to such person by the proper
officials.
(c)
(d)
Any unauthorized person who shall operate a siren
or other device so as to simulate a warning
signal, or the termination of a warning, shall be
deemed guilty of a violation of this ordinance
and shall be subject to the penalties imposed by
this ordinance.
Convictions for violations of the provisions of
this ordinance shall be punishable by fine not to
exceed one thousand dollars ($1000.00).
Section 9. SEVERABILITY
If any portion of this ordinance shall, for any reason, be
declared invalid such, invalidity shall not affect the
remaining provisions thereof.
Section 10. LIMITATIONS
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.
Section 11. REPEALER
Ail ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
Section 12. Effective Date
This ordinance shall become effective as provided by law.
Section 13. Publication
The City Secretary is authorized to publish the previous of
this ordinance as required by law.
PASSED AND APPROVED ON THIS THE 8TH DAY OF MAY 1990.
E.V. Ridlehuber, Mayor
City of Plainview, Texas
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
osbor-ne~zfec{or of Public Safety
APPROVED AS TO FORM:
Davmd Blackburn, City Attorney