Loading...
HomeMy WebLinkAboutOrdinance No. 2023-04ORDINANCE NO.2023-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING CHAPTER 2 "CIVIL EMERGENCIES," ARTICLE I "IN GENERAL," SECTION 22-1 "DEFINITIONS"; ARTICLE II "EMERGENCY MANAGEMENT," SECTION 22-24 "AUTHORITY TO PARTICIPATE IN COUNTYWIDE EMERGENCY MANAGEMENT PLAN," SECTION 22-25 "EMERGENCY MANAGEMENT DIRECTOR," SECTION 22-27 "ORGANIZATION," SECTION 22-29 "EXPENDITURE OF PUBLIC FUNDS," AND SECTION 22-30 "OATH OF PERSONNEL ASSIGNED FUNCTIONS OR RESPONSIBILITIES' ; AND ARTICLE III "ASSISTANCE TO COUNTIES AND OTHER CITIES," SECTION 22-58 "AUTHORITY OF CITY OFFICIALS TO FURNISH ASSISTANCE," AND SECTION 22-59 "RIGHTS AND DUTIES OF OFFICERS" OF THE FRIENDSWOOD CITY CODE; REPEALING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT," SECTION 22-58 If INTERLOCAL AGREEMENT ADOPTED" OF THE FRIENDSWOOD CITY CODE; TO UPDATE DEFINITIONS, DUTIES, AUTHORITY AND REFERENCES FOR EMERGENCY MANAGEMENT ACTIVITIES; PROVIDING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That Chapter 2 "Civil Emergencies," Article I "In General," Section 22-1 "Definitions" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL EMERGENCIES ARTICLE L IN GENERAL Sec. 22-I. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorized person means a person directed or commissioned by any official or body of officials to act in a given capacity. Emergency means an event or condition that is a disaster as defined in V.T.C.A., Government Code §418.004. Organized volunteer group means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol, the Radio Amateur Civil Emergency Services, a volunteer fire department, a volunteer rescue squad, or other similar organization recognized by federal or state statute, regulation, or memorandum. Unauthorized person means any person, who is not an authorized personas defined in this section. Section 2. That Chapter 2 vil Emergencies," Article II "Emergency Management," Section 22-24 "Authority to participate in countywide emergency management plans" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL EMERGENCIES ARTICLE H. EMERGENCY MANAGEMENT Sec. 22-24. Authority to participate in countywide emergency management plans. The mayor is hereby authorized to join with the county judges and the mayors of the other cities in each county in which the city is located in the formation of an emergency management council for each county and shall have the authority to cooperate in the preparation of a joint emergency management plans and in the appointment of a joint emergency management coordinators, as well as all powers necessary to participate in a countywide programs of emergency management insofar as such programs may affect the city. Section 3. That Chapter 2 "Civil Emergencies," Article II "Emergency Management," Section 22-24 "Authority to participate in countywide emergency management plans," Subsections (c) "Powers and duties generally" and (d) "Duties and responsibilities enumerated" of the Friendswood City Code are hereby amended to read as follows: CHAPTER 22. CIVIL ARTICLE II. EMERGENCY MANAGEMENT Sec. 22-25. Emergency management director. (c) Powers and duties generally. The emergency management duector may exercise those powers granted under state and federal law. Such powers 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 emergency management plan for the city and shall recommend that plan for adoption by the city council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency plan. The powers of the director shall include the authority to declare a state of local disaster and the authority to request the governor proclaim a state of emergency. The duties of the director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for in this article, as well as a continuing study of the need for amendments and improvements in the emergency management plan. (d) Duties and responsibilities enumerated. The duties and responsibilities of the emergency management director shall include the following: (1) The direction and control of the actual disaster operations of the city emergency management organizations as well as the training of emergency management personnel; (2) The determination of all questions of authority and responsibility that may arise within the emergency management organization of the city; (3) The maintenance of necessary liaison with other municipal, county, district, state, regional, federal or other emergency management organizations; (4) The marshaling, after declaration of a disaster as provided for in subsection (c) of this section, 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; (5) The issuance of all necessary proclamations as to the existence of a disaster and immediate operational effectiveness of the city emergency management plan; (6) The issuance of reasonable rules, regulations or• directives which are necessary for the protection of life and property in the city. Such rules and regulations shall be filed in the office of the city secretary and shall receive widespread publicity unless publicity would be of aid and comfort to the enemy; (7) The 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 each county in which the city is located and with other municipalities within each such county for the countywide coordination of emergency management efforts; (8) The 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; and (9) The authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes Section 4, That Chapter 2 "Civil Emergencies," Article II "Emergency Management," Section 22-27 "Organization" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL EMERGENCIES ARTICLE II. EMERGENCY MANAGEMENT Sec. 22-27. Organization. The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the emergency management director in the emergency management plan, as well as all 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 management plan. Such plan shall set forth the form of the organization; establish and designate divisions and functions; assign tasks, duties and powers; and designate officers and employees to carry out the provisions of this article. Insofar as possible, the form of organization, titles and terminology shall conform to the national incident management system. Section 5. That Chapter 2 "Civil Emergencies," Article II "Emergency Management," Section 22-29 "Expenditure of public funds" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL ARTICLE H. EMERGENCY MANAGEMENT Sec. 22-29. Expenditure of public 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 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; provided, however, during a declared disaster or state of emergency, the emergency management director may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property. Section 6. That Chapter 2 "Civil Emergencies;' Article II "Emergency Management," Section 22-30 "Oath of personnel assigned functions or responsibilities" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL ARTICLE II. EMERGENCY MANAGEMENT Sec. 22-30. Oath of certain personnel assigned functions or responsibilities. Each employee or any individual, who has management or supervisory responsibilities and who is assigned a function or responsibility under this article, shall solemnly swear or affirm to support and defend the Constitution of the United States, laws of the state and the ordinances of the city. Section 7. That Chapter 2 "Civil Emergencies," Article II "Emergency Management;' Section 22-58 " Interlocal agreement adopted" of the Friendswood City Code is hereby repealed in its entirety. Section 8. That Chapter 2 "Civil Emergencies," Article III "Assistance to Counties and Other Cities," Section 22-58 "Authority of city officials to furnish assistance" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 22. CIVIL EMERGENCIES ARTICLE III. ASSISTANCE TO COiTNTIES AND OTHER CITIES Sec. 22-58. Authority of city officials to furnish assistance. The city, acting by and through its mayor, mayor pro tem or, in their absence or inability to act, the city manager, may send or direct any of its regularly employed law enforcement officers to assist any county or other municipality, when a request is received for assistance from the mayor or other officer authorized to declare a state of disaster in such other municipality or county, representing that there exists in such county or other municipality a need for additional law enforcement officers to protect the health, life and property of such county or other municipality and its inhabitants, and the visitors thereof, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat by three or more persons acting together or without lawful authority, or during a time of natural or manmade calamity. Section 9. That Chapter 2 "Civil Emergencies," Article "Assistance to Counties and Other Cities;' Section 22-59 "Rights and duties of officers" of the Friendswood Ciry Code is hereby amended to read as follows: CHAPTER 22. CIVIL EMERGENCIES ARTICLE III. ASSISTANCE TO COUNTIES AND OTHER CTTIES Sec. 22-59. Rights and duties of officers. When law enforcement officers of the city are sent to another municipality or a county, they shall be in all things subject to V.T.C.A., Local Government Code §362.003. Such officer shall be considered a peace officer of the county or other municipality under the command of the law enforcement officer therein who is in charge in that municipality or county and, as provided by such state law, shall be vested with all the powers of a regular law enforcement officer in the county or other municipality. Such law enforcement officers of the city shall be considered under the terms of such state law and shall be entitled to the same wage, salary, pension and all other compensations while performing police duties outside of the territorial limits of the city as though the same services were being rendered in the city. The city shall pay to the officers such wages, salary, pension and other benefits, together with medical, travel, food, lodging and other expenses incurred on account of performing services outside of the territorial limits of the city, and the city shall be reimbursed by the county or other municipality requesting the services out of which such payments and expenses arose, as is provided by state law. Section 9. That aperson who violates any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed FIVE HUNDRED AND N0/100 DOLLARS ($500.00). Each day of violation shall constitute a separate offense. Section 10. All ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 11. In the event any clause phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 12. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 13. This ordinance shall become effective from and after its date of passage and its publication, as provided by law. PASSED and APPROVED on first reading by the affirmative vote of the City Council this 5'h day of December, 2022, A' BRYSCH, City PASSED, APPROVED and ADOPTED on second and final reading by the affirmative vote of the City Council this 9 h day of January, ATT T: �I TW�� LE ICIA BRYSCH, City §Jetary APPROVED AS TO FORM: ICAREN HORNER City Attorney 0 sTgTE oF'C��P H:\City Council\Ordinances\2022\12-05-2022\Ordinance -Emergency Management I1142022_NB.dorac