ORD 1983-08 - Civil-Disaster ReliefORDINANCE NO. 83 -8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 6A, CIVIL DEFENSE AND DISASTER RELIEF,
BY REPEALING SAID CHAPTER AS IT PRESENTLY EXISTS AND BY
ADOPTING A NEW CHAPTER 6A, EMERGENCY MANAGEMENT; CREATING
POSITIONS OF EMERGENCY MANAGEMENT DIRECTOR AND COORDINATOR;
PROVIDING A PENALTY OF UP TO $200 FOR CERTAIN OFFENSES;
PROVIDING REPEALING AND SAVINGS CLAUSES; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATES HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby
amended by the repeal of Chapter 6A, Civil Defense and Disaster Relief,
as presently constituted, and by the adoption of a new Chapter 6A,
Emergency Management, which shall read as follows:
CHAPTER 6A, EMERGENCY MANAGEMENT
Sec. 6A -1. Emergency Management Director and Coordinator.
There exists the Office of Emergency Management Director of the
City of Huntsville which shall be held by the mayor. See TEX.REV.CIV.
STAT. art. 6889 -7.
(a) An Emergency Management Coordinator may be appointed by and serve
at the pleasure of the Director.
(b) The Director shall be responsible for conducting a program of
comprehensive emergency management within the City. He may
delegate authority for execution of those duties to the coordinator
but ultimate responsibility for such execution shall remain with
the Director.
Sec. 6A -2. Same -- Powers and duties generally; meetings.
The powers and duties of the Director shall include an ongoing
survey of actual or potential major hazards which threaten life and
property within the city; and an ongoing 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. As part of his responsibility in hazard
mitigation the Director shall supervise the development of an emer-
gency management plan for the City of Huntsville and shall recommend
for adoption by the city council an emergency management plan for the
City'of Huntsville, and shall recommend for adoption by the city council
any and all mutual aid plans and agreements which are deemed essential
for the implementation of such emergency management plan. The duties
of the Director shall also include the making of a survey of the availability
of existing personnel, equipment, supplies and services which could be
used during a disaster, as provided for herein, as well as a continuing
study of the need for amendments and improvements in the emergency manage-
ment plan.
Sec. 6A -3. Authority of mayor to join in formation of Emergency Manage-
ment council, plan and appointment of joint emergency
management coordinator.
The mayor is hereby authorized to join with the county judge of the
County of Walker and the mayors of other cities in said county in the forma-
tion of an Emergency Management Council for the County of Walker and shall
have the authority to cooperate in the preparation of an Emergency Manage-
ment plan and in the appointment of a joint Emergency Management Coordinator
for the County of Walker, as well as all other powers necessary to parti-
cipate in a county wide program of emergency management insofar as said
program may affect the City of Huntsville.
Sec. 6A -4. Office of municipal emergency management director; duties
and responsibilities.
The duties and responsibilities of the Emergency Management Director
shall include the following:
(a) The control and direction of the actual disaster operations and
training efforts of the Emergency Management organization of the
City of Huntsville.
(b) The determination of all questions of authority and responsibility
that may arise within the Emergency Management organization of the
City.
(c) The maintenance of necessary liaison with other municipal, district,
state, county, regional, federal, or other Emergency Management
organizations.
(d) The marshaling, after declaration of a disaster as provided for above,
of all necessary personnel, equipment or supplies from any depart-
ment of the City of Huntsville to aid in the carrying out of the
Emergency Management plan.
(e) The issuance of all necessary proclamations as to the existence
of a disaster and the immediate operational effectiveness of the
City of Huntsville Emergency Management Plan.
(f) The issuance of reasonable rules, regulations or directives which
are necessary for the protection of life and property in the City
of Huntsville. Such rules and regulations shall be filed in the
office of the city secretary and shall receive widespread publicity
unless publicity will be of aid and comfort to the enemy.
(g) The supervision of the drafting and execution of mutual aid agree-
ments, in 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 with the county
in which said city is located and with other municipalities within
the county, for the county -wide coordination of efforts in emergency
management.
(h) The supervision of and final authorization for the procurement of
all necessary supplies and equipment, including acceptance of
private contributions.
(i) The authorizing of agreements, after approval of the City Attorney,
for the use of private property for public shelter and other purposes.
Sec. 6A -5. Composition of city operational emergency management organiza-
tion; distribution of functions and duties.
The operational Emergency Management organization of the City of
Huntsville, shall consist of the officers and employees of the City of
Huntsville designated by the Director in the Emergency Management Plan,
as well as all volunteer workers. The functions and duties of this organ-
ization shall be distributed among such divisions, services and special
staff in accordance with the Emergency Management Plan. Such plan shall
set forth the form of organization, establish and designate divisions
and services, assign functions, duties and powers, and designate officers
and employees to carry out the provisions of this chapter. Insofar as
possible, form of organization, titles and terminology shall conform to
the recommendations of the State Division of Emergency Management of the
State of Texas and of the federal government.
Sec. 6A -6. Oath.
Each employee or any individual that is assigned a function or re-
sponsibility shall solemnly swear or affirm to support and defend the
Constitution of the United States, the laws of the State of Texas, and
the Ordinances of the City of Huntsville.
Sec. 6A -7. Unauthorized persons prohibited from operating devices to
simulate warning signals.
A person commits an offense if he intentionally or knowingly oper-
ates a siren or other device so as to simulate a warning signal, or the
termination of a warning, without authority.
Sec. 6A -8. Effect of orders, rules and regulations promulgated pursuant
to chapter upon existing ordinances, orders, rules and
regulations.
At all times when the orders, rules and regulations made and promul-
gated pursuant to this chapter shall be in effect, they shall supersede
all existing ordinances, orders, rules and regulations insofar as the
latter may be inconsistent therewith.
Sec. 6A -9. Chapter not to be construed as conflicting with state or
federal statutes or military or naval orders, rules or
regulations.
This chapter shall not be construed so as to conflict with any state
or federal statute or with any military or naval order, rule, or regulation.
Sec. 6A -10. Nonliability.
This chapter 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 Huntsville, the agents and representatives of said city, or
any individual, receiver, firm, partnership, corporation, association
or trustee, or 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 chapter shall be liable
for any damage sustained to persons or property 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 Huntsville
a license or privilege, or oteerwise 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 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.
Sec. 6A -11. Expenditure of funds, contracts, agreements require approval
of city council.
No person shall have the right to expend any public funds of the
city in carrying out any emergency management activity authorized by this
chapter without prior approval by the city council, nor shall any person
have any right to bind the city by contract, agreement or otherwise with-
out prior and specific approval of the city council.
Sec. 6A -12. Interference with emergency management organization;
unauthorized use of insignia, etc.; penalty for violations.
A person commits an offense if he intentionally or knowingly obstructs,
hinders or delays any member of the emergency management organization in
the enforcement of any rule or regulation issued pursuant to this chapter,
or to do any act forbidden by any rule or regulation issued pursuant to
the authority contained in this chapter. 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 Huntsville, unless authority so to do has been
granted to such person by the proper officials.
Section 2: Any person, firm or corporation violating any provision of this
Ordinance or failing to comply with any requirement of this Ordinance
will be guilty of a misdemeanor and subject to a fine of up to two
hundred ($200.00) dollars upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this ordinance or non - compliance with any requirement of this Ordinance
shall constitute a distinct and separate offense. The violation of any
provision of this Ordinance or the failure to comply with any require-
ment of this Ordinance shall each constitute a distinct and separate
offense.
Section 3: If any section subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent pro-
vision and such holding shall not affect any of the remaining provisions
of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the pro-
visions of this Ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other Ordinances
regulating and governing the subject matter covered by this Ordinance.
Section 5: This ordinance shall take effect from and after ten (10) days
from its passage by the City Council. The City Secretary is hereby
ordered to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper of the City of Huntsville at
least twice within ten (10) days after the passage of this ordinance.
PASSED UNANIMOUSLY FIRST READING THIS 8th day of February , 1983.
PASSED SECOND READING THIS day of , 1983.
APPROVED THIS 8th day of February , 1983.
ATTEST:
th DeShaw, City Secretary
APPROVED AS TO FORM
2t6,64
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE
By
William V. Nash, Mayor