HomeMy Public PortalAboutOrdinance No. 637-91 06-10-1991
• ORDINANCE NO. 637
AN ORDINANCE AMENDING AND REPLACING SECTION
13: "CIVIL DEFENSE" OF CHAPTER 1, "GENERAI,
PROVISIONS", OF THE CODE OF ORDINANCES, CITY
OF RICHLAND HILLS, TEXAS; ESTABLISHING A
PROGRAM INCLUDING MITIGATION, PREPAREDNESS,
RESPONSE, AND RECOVERY PHASES OF
COMPREHErTSIVE EMERGENCY MANAGEI~+~.'NT;
ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGIIKENT DIRECTOR; AUTHORIZING THE
APPOINTMENT OF AN EMERGENCY MANAG~N'~'
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 MANAGEI~NT WHICH
TRRF.A~j'EN LIFE AND PROPERTY IN THE CITY OF
RICHLAND HILLS; AUTHORIZING COOPERATIVE AND
MUTQAL AID AGREEMENTS FOR RELIEF WORK
BETWEEN THIS AND OTHER ,CITIES OR COUNTIES
AND FOR RELATED PURPOSES; PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS;
MAKING VIOLATIONS OF THIS ORDINANCE A
MISD~ANOR PUNISHABLE BY FINE NOT TO EXCEED
$1,000; PROVIDING A SEVERABILITY CI,AIISE; AND
• PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Richland Hills
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 Operations plan, and
the means for its implementation, for the protection of lives
and property in the City of Richland Hills from natural or
human-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 minimum of delay; and
WHEREAS, the City Council finds, therefore, that the
preparation and implementation of such plans are now imperative.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS:
•
ORDINANCE NO. 637 PAGE 1
• I.
That Section 13, "CIVIL DEFENSE", of Chapter 1, "General
Provisions" of the Code of Ordinances, City of Richland Hills,
Texas, as amended, be hereby amended to hereafter be and read as
follows:
SECTION 13: EMERGENCY MANAGEMENT
A. ORGANIZATION
There exists the office of Emergency Management Director of
the City of Richland Hills, which shall, be held by the
Mayor in accordance with state law.
(1) An Emergency Management Coordinator may be appointed
by and serve at the pleasure of the Director;
(2) 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.
• (3) The operational Emergency Management organization of
the City of Richland Hills shall consist of the
officers and employees of the City so designated by
the Director in the emergency operations plan, as well
as organized 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 operations plan.
B. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES
The duties and responsibilities of the Emergency Management
Director shall include the following:
(1) 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.
(2) Supervision of the development and approval of an
emergency operations plan for the City of Richland
Hills, and shall recommend-for adoption by the City
Council all mutual aid arrangements deemed necessary
• for the implementation of such plan.
ORDINANCE NO. 637 PAGE 2
• (3) 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.
(4) 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.
(5) Direction and control of the operations of the
Richland Hills Emergency Management organization as
well as the training of Emergency Management
personnel.
(6) Determination of all questions of authority and
responsibility that may arise within the Emergency
Management organization of the City.
• (7) Maintenance of liaison with other municipal, county,
district, state, regional or federal, Emergency
Management organizations.
(8) 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
operations plan.
(9) Supervision of the drafting and execution of mutual
aid agreements, 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 Emergency Management
efforts .
(10) Supervision of, and final authorization for 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.
• (11) Authorizing of agreements, after approval by the City
Attorney, for use of private property .for public
ORDINANCE NO. 637 PAGE 3
shelter and other purposes.-
• (12) Survey of the availability of existing personnel,
equipment, supplies and services which could be used
during a disaster, as provided for herein.
(13) Other requirements as specified in the Texas Disaster
Act of 1975 (V.T.C.A. Government Code. Chapter 418).
C. EMERGENCY OPERATIONS PLAN
A comprehensive Emergency Operations 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 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 operations plan shall be considered
supplementary to this ordinance and have the effect of law
during the time of a disaster.
D. 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.
E. 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 Richland
Hills, 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 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 Richland
Hills a license or privilege, or otherwise permits the City
ORDINANCE NO. 637 PAGE 4
to inspect, designate and use the whole or any part or
• parts of such real estate or premises for the purpose or
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.
F. 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.
G. OFFENSES; PENALTIES
(1) 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.
(2) 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 Richland Hills,
unless authority to do so has been granted to such
person by the proper officials.
(3) 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.
(4) Convictions for violations of the provisions of this
ordinance shall be punishable by fine not to exceed
one thousand dollars ($1,000), and each day that such
violation continues shall constitute a separate
offense.
II.
• Severability Clause. That it is hereby declared to be the
ORDINANCE NO. 637 PAGE 5
intention of the City Council that the sections, paragraphs,
• sentences, clauses and phrases of this ordinance are severable,
and if any section, paragraph, sentence, clause and phrase of
this ordinance shall be declared invalid or unconstitutional by
the valid judgement or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining sections, paragraphs, sentences,
clauses and phrases of this ordinance, since the same would have
been enacted by the City Council without the incorporation in
this ordinance of any such invalid or unconstitutional section,
paragraph, sentence, clause and phrase.
III.
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.
IV.
Repealer. All ordinances, parts of ordinances, or
resolutions in conflict herewith are expressly repealed.
• V.
Savings Clause. That Chapter 1 of the Code of Ordinances,
City of Richland Hills, Texas, as amended, shall remain in full
force and effect, save and except as amended by this ordinance.
VI.
Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication as provided by
the Richland Hills City Charter and the laws of the State of
Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the 10th day of
June 1991; by a vote of 5 ayes, and
0 nays and 0 abstentions.
APP O D:
J s R. Truitt, Mayor
•
ORDINANCE NO. 637 PAGE 6
ATTEST:
Pauline Kempe, City ecretary
APPROVE AS TO FORM:
Paul F. Wieneskie, City Attorney
•
ORDINANCE NO. (3~ PAGE 7