HomeMy WebLinkAboutOrdinance No. 89-15 . , ;
ORDINAldCE N0 . 89-15
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MAlJAGEMENT WHICH INCLUDES THE MITIGATION ,
PREPAREDNESS RESPONSE AND RECOVERY PHASES OF CIVIL
PREPAREDNESS; ACRNOWLEDGING THE OFFICE OF Er4ERGENCY
MANAGEI�lENT DIRECTOR ; AUTHORIZING THE APPOINTf4ENT OF
EMERGENCY MANAGEMENT COORDINATOR ; AND PROVIDING "_
THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES :
IDENTIFYING AN OPERATIONAL ORGANIZATION ; GRANTING
NECESSARY POWERS TO COPE 47ITH ALL PHASES' OF
EMERGENCY MANAGEPIENT 4�IHICH THREATEN LIFE AND
PROPERTY IN THE CITY OF FRIENDSw00D ; AUTHORIZING
COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF
WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND
FOR RELATED PURPOSES ; PROHIBITING ONAUTHORIZED WARN—
ING AND ALL—CLEAR SIGNALS AND MAKING VIOLATIONS A
MISDFI�IEAPIOR PUNISHABLE BY FINE NOT TO EXCEED �500 . 00 .
WHEREAS , THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD FINDS TIiAT
THE IDENTIFICATION OF POTENTIAL HAZARDS AND THE PREVENTION OR
t9ITIGATION 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 PLAN , AND THE MEANS FOR ITS IMPLEMENTATIOtd , FOR THE PROTECTION
OF LIVES AND PROPERTY IN THE CITY OF FRIENDSWOOD FROt9 NATUP,AL OR
t�Aid—CAUSED DISASTERS OR THREAT THEREOF IS IMMEDIATELY ESSENTIAL ;
AND
WHEREAS , THE CITY COUNCIL FURTHER FINDS THAT IN TIMES OF
DISASTERS WHICH MAY It;PERIL THE SAFFTY OF TI-IE IPIHABITANTS CF THE
CITY , OR THEIR PROPERTY , IT BECOMES NECESSARY TO EFFECUATE AND
PLACE INTO OPERATION THE PRECONCEIVED PLANS AND PREPARATIONS WITH
A t�INIMUM OF DELAY ; Ar7D
WHERE�S , THE CITY COUNCIL FINDS , THEREFORE , THAT THE PREPARATION ,
ADOPTION , AND IP-iPLEt;ENT�,TICN OF SUCH PLANS ARE NOW IMPERATIVE ;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD :
SECTION 1 . THERE EXISTS THE OFFICF OF Er;ERGENCY MAPdAGEMENT
DIRECTOR OF TflE CITY OF FRIENDSWOOD , WHICH SHALL BE HELD BY THE
t�AYOR IN ACCORDAPdCE WITH STnTE LAFJ.
( A) AN EMERGENCY MAIv'AGEriENT COORDINATOR MAY BE APPOINTED BY
APdD SERVE AT THE PLEASURE OF THE DIRECTOR ;
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' (B) THE DIRECTOR SHALL BE RESPONSIBLE FOR CONDUCTING A
PROGRAM OF COMPREHENSIVE EMERGENCY r1ANAGEMENT WITHIN THE CITY AND
FOR CARRYING OUT THE DUTIES AND RESPONSIBILITIES SET FORTH IN
SECTION � OF THIS ORDINANCE . HE MAY DELEGATE AUTHORITY FOR
F.XECUTION OF THESE DUTIES TO THE COORDINATOR , BUT ULTIMATE
RE:;i Ci�SIT�ii,ITY F C.; SUCH EXECUTION SF�ALL RE!'tAIN WITH THE DIRECTOR .
SECTION 2 . THE POWERS AND DUTIES OF THE DIRECTOR SHALL INCLUDE
APd ON—GOING SURVEY OF ACTUAL OR POTENTIAL MAJOR HAZARDS WHICH
THREATEN LIFE AND PROPERTY WITHIN THE CITY; AND AN ON—GOING
PROGRAM OF IDENTIFYING A?1D REQUIRING OR RECOMMENDING THE
Il4PLEMENTATION OF r1EASURES WHICH WOULD TEND TO PREVENT THE
OCCURRENCE OR REDUCE THE IMPACT OF SIJCH HAZARDS IF A DIS�,STEF DID - .
OCCUR . AS PART OF HIS RESPONSIBILITY IN HAZARD MITIGATION ; THE
DIRECTOR SHALL S�PERVISE THE DEVELOPt�fENT OF Aid EMERGENCY
MANAGEMENT PLAN FOR THE CITY OF FRIENDSWOOD , AhD Sf�ALL RECOT�t�!END
THAT PLAN FOR ADOPTION BY THE CITY COUNCIL ALONG WITH AldY AND ALL
t4UTUAL AID PLANS AND AGREEMENTS WHICH ARE DEEMED ESSENTIAL FOR
THE IP4PLEMENTATION OF SUCH EI�4ERGENCY PLA?J . THE POWERS CF THE
DIRECTOR SHALL INCLUDE THE AUTHORITY TO DECLARE A STATE OF
DISASTER , BUT SUCH ACTION MAY BE. SUBJECT TO CONFIRMATION BY THE
CITY COUNCIL AT ITS NEXT MEETING . TFiE DUTIES OF THE DIRECTOR
S�3ALL 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 HEREIN , AS WELL AS A
CONTINUING STUDY OF THE NEED FOR AMENDMENTS AND It�;PROVEMENTS IN
THE Er;ERGENCY MANAGEMENT PLAN .
SECTION 3 . THE t�IAYOR IS HEREBY AUTHORIZED TO JOIN WITH THE
COUNTY JUDGE OF THE COUNTY OF GALVESTON AND THE MAYORS OF THE
OTHER CITIES IN SAID COUNTY IP1 T�IE FORt9ATI0N OF Ai1 EMERGENCY
i�9Ai�AGEr;ENT COUNCIL FOR THE COUNTY OF GALVESTON AND SHALL HAVE THE
AUTHQR77'y TO COOPERATF. II� THE PREPAYATION OF A JOINT EMERGENCY
MAPdAGEMENT PLAN AND IN THE APPOINTriENT OF A JOINT EMBERGENCY
r;ANAGEMENT COORDINATOR , AS WELL AS ALL POWEPS NECESSARY TO
PARTICIPATE IN A COUNTY WIDE—PROGRAM OF E1�4ERGENCY MANAGEMENT
INSOFAR AS SAID PROGRAM MAY EFFECT THE CITY OF FRIEPJDSWOOD .
SECTION 4 . THE DUTIES AND RESPONSIBILITIES OF THE Et�4ERGENCY
MANAGEMENT DIRECTOR SHALL INCLiJDE THE FOLLOWING :
( A) THE DIRECTOR AtJD CONTROL OF THE ACTUAL DISASZ'E,R
OPERATIONS OF THE FRIENDSWOOD EMERGENCY MANAGEMENT ORGANIZATIONS
AS WELL AS THE TRAINING OF EMERGEldCY MANAGEMENT PERSONNEL .
(B) THE DETERMINATION OF ALL QIIESTIONS OF AUTHORITY AlJD
RESPONSIBILITY THAT MAY ARISE WITHIN THE EMERGENCY MA?dAGE?iENT
ORGAidIZATION OF THE CITY .
( C) THE MAINTENANCE OF NECESSARY LIAISON WITH OTHER
1�9UNICIPAL , COUNTY , DISTRICTt STATE , REGIONAL , FEDERAL , OR OTHER
Ei7ERGENCY MANAGEt�9ENT ORGANIZATIONS .
(D) THE �iARSHALING , AFTER DECLANATION OF F, DISASTER AS
PROVIDED FOR ABOVE , OF ALL NECESSARY PERSONNEL , EQUIPMENT OR
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SUPPLIES FROM AtJY DEPARTMENT OF TH� CITY TO AID IN THE CARRYING
OUT OF THE PROVISIONS OF THE EMERGENCY MANAGEMENT PLAN .
(E) THE ISSUANCE OF ALL NECESSAFY PROCLAMATIONS AS TO THE
EXISTANCE OF A DISASTER AND IMMEDIATE OPERATIONAL EFFECTIVENESS
OF' THE CITY OF FfiIENDSW00D Ei1F'}+GENCY r�ANAGEMENT PLAN .
(F) THE ISSUANCE OF REASONABLE RULES , REGULATIONS OR
DIRF.CTIVES WHICH ARE NECESSARY FOR THF; PROTFCTION OF LIFE A2dD
PROPERTY IN THE CITY OF FRIENDSWOOD . SUCH RULES AND REGULATIONS
SHALL BE FILED IN THE OFFICE OF TFiE CITY SECRETARY AND SHALL
RECEIVE WIDESPREAD PUBLICITY UNLESS PUBLICITY WOULD BE OF AID AND
COMFORT TO THE ENEMY . `__
(G) THE SUPERVISION OF THE DRAFTING AND EXECUTION OF MIITUAL
AID AGREEMENTS , INCOOPERATION WITH THE REPRESENTATIVES OF TF�E
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
tdUNICIPALITIES WITHIN THE COUNTY , FOR THE COUNTY-41IDE
COORDINATION OF' EMERGENCY MANAGEMENT EFFORTS .
(H) THE SUP�RVISICN OF , �:TJD FIPJAL AUTHORIZATION FOR THE
PROCUREMEPdT OF ALL NECESSARX SUPPLIES AND EQUIPMENT, INCLUDING
ACCEPTANCE OF PPIVATE CONTRIBUTIONS WHICH l,AY BE OFFERED FOR THE
PURPOSE OF IPIPROVING EMERGENCY MANAGEt•4ENT WITHIN THE CITY .
( I) THE AUTHORIZIh'G OF AGREEb1ENT5 , AFTER APPROVAL BY THE
CITY ATTORNEY , FOR USE OF PRIVATE PROPERTY FOR PUBLIC SHELTER AND
OTHER PURPOSES .
SECTION 5 . THE OPERATIONAL �MERGENCY MANAGEMENT ORGANIZATION OF
THE CITY OF FRIENDSWOOD , SHALL CONSIST OF THE OFFICERS AND
EMPLOYEES OF THE CITY SO DESIGNATED BY THE DIRECTOR IN THE
Ei•1ERGENCY MANAGMENT PLAN , AS YdELL AS ALL ORGANIZED VOLUNTEER
GROUPS. THE FUNCTIONS AND DUTIES OF THIS ORGANIZATION SHALL BE
DISTRIBUTED AT40NG SUCH OFFICERS AhD EMPLOYEES IN ACCORDANCE WITH
THE TERMS OF THE EMERGENCY MANAGEl�IENT PLAN. SUCH PLAN SHALL SET
FORTH THE FORM OF THE ORGANIZATION, ESTABLISH AND DESIGNATE
DIVISIONS AND FUtdCTIONS , ASSIGN TASKS , DUTIES AND POWERS , AND
DESIGNATE OFFICERS AND EI�IPLOYEES TO CARRY OUT THE PROVISIONS OF
THIS ORDINAA'CE . INSOFAR AS POSSIBLE , THE FORr; OF ORGANIZATION ,
TITLES AND TERTiINOLOGY SHALL CONFORM TO THE RECOMP9ENDATIONS OF
THE STATE DIVISION OF EN�ERGENCY riANAGEI�IEl1T OF THE STATE OF TEXAS
AND OF THE FEDERAL GOVEPNMENT .
SECTION 6 . 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 DEETIED GUILTY OF A VIOLATION
OF THIS ORDINANCE AND SHALL BE SUBJECT TO THE PEtdALTIES IMPOSED
BY THIS ORDINAfdCE . .
SECTION 7 . AT ALL TIr1ES WHEN THE ORDERS , RULES , AND REGULATIONS
t-7ADE AND PROP4ULGATED PURSUANT TO THIS ORDINANCE SHALL BE IN
EFFEC7', THEY SY,ALL SUPERSEDE AND OVERRIDE ALL EXISTING
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� ORDIPJANCES , ORDERS, RULES , AND REGULATIONS INSOFAR AS THE LATTER
MAY BE INCONSISTENT THEREWITH .
SECTION 8 . THIS ORDINANCE SHALL NOT BE CONSTRUED SO AS TO
CONFLICT WITH ANY STATE OF FEDERAL STATUTE OR 47ITH ANY MILITARY
OR �AVAL ORDER , RULE , OR REGULATION .
SECTION 9 . THIS ORDINAI�TCE IS AN E;XEPCISE BY THE CITY OF ITS
GOVERNMENTAL FUNCTIONS FOR THE PROTECTION OF THE PL'BLIC PEACE ,
HEALTH , AND SAFETY AND NEITHER �'I�F� C77'Y CF FRIEPdDSW00D , THE
AGENTS AND REPRESENTATIVES OF SAID CITY , NOR ANY INDIVIDUAL ,
RECEIVER , FIRM, PARTNERSHIP , CORPORATION , ASSOCIATION , OR
TPUSTEE , NOR ANY OF THE AGENTS THEREOF , IN GOOD FAITH CARRYING �_
OUT, COPiPLYING WITH OR ATTEMPTING TO COMPLY WITH , ANY ORDER ,
RULE , OR REGULATION PROMULGATED PURSUANT TO THE PROVISIONS OF
TF3IS ORDI?dANCE 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 COMPENSAION GRATITS TO THE CITY OF FP,IENDS4JOOD A LICENSE
OF PRIVILEGE , OR OTHERWISE PERMITS THE CITY TO ItJSPECT , DESIGNATE
AND USE THE WHOLE OR ANY PART OR PARTS OF SUCH REAL ESTATE OR
PREMISES FOR THE PURPOSE OF SHELTERING PERSCNS DURING A2�� ACTUAL ,
IMPENDING OR PRACTICE E2JEMY ATTACK SHALL , TOGETHER �+'ITH HIS
SUCCESSORS IN INTEREST, IF ANY , NOT BE CIVILLY LIABLE FOR THE
DEATH OF , OR INJURY T0, ANY PERSONS ON OR ABOUT SUCH REAL ESTATE
OP, PREMISES IINDER SUCH LICENSE, PRIVILEGE OR OTHER PERMISSION OR
FOR LOSS OF , OR DAT4AGE T0 , THE PROPERTY OF SUCH PERSON .
SECTION 10 . NO PERSON SHALL HAVE THE RIGHT TO EXPEP�D ANY PUP�LIC
FUNDS OF THE CITY IN CARRYING OUT ANY El1ERGENCY r9ANAGEMENT
ACTIVITY AUTHORIZED BY THIS ORDINArICE WTTHC�U7' PY1CR AYPP�VAL BY
THE CITY COUNCIL , NOR SHALL ANY PERSON HAVE ANY RIGHT TO BIND THE
CITY BY CONTRACT, AGREE�4ENT OR OTHERl1ISE k'ITHOUT PRIOR AhD
SPECIFIC APPROVAL OF THF CIZ'Y COUNC7L .
SECTION 11 . IT SHALL BE UNLAWFUL FOR ANY PERSONS WILLFULLY TO
OBSTRUCT, HINDER , OR DELAY ANY MEMBER OF THE EMERGENCY MANAGt•1ENT
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 THF: AUTHORITY CONTAINED IN
THIS ORDINANCE. IT SHALL LIKEWISE BE UNLAWFUL FOR ANY PERSON TO
WEAR , CARRY OR DISPLAY AATY EMBLEM, INSIGNIA OR ANY OTHER MEANS OF
IDENTIFICATION AS A MEMBER OF THE E2�iERGENCY MANAGEMENT
ORGANIZATION OF THE CITY OF FRIEbDSW00D , UNLESS AUTHORITY TO DO
SO HAS BEEPd GRANTED TO SUCH PERSON BY THE PROPER OFFICIALS .
CONVICTIONS FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDIPIANCE
SHALL BE PUNISHABLE BY FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
( $500 . 00) .
SECTION 12 . EACH EMPLOYEE OR ANY INDIVIDUAL THAT IS ASSIGNED A
FUNCTION OR RESPONSIBILITX SHAI.L. SOLEN,NLY SWEAR ON AFFIRr9 TO
SL'PPORT AtdD DEFEPJD THE COIvSTITUTION OF TH£ UNITE�D STATES , LALJS OF
THE STATE OF TEXAS AND THE ORDINANCES OF THE CITY OF FRIENDSWOOD .
�►
• SE•CTION 13 • IF Af1Y PORTION OF THIS ORDINA�TCE SHALL , FOR ANY
RFASON , BE DECLARED INVALID , SUCH INVALIDITY SHALL NOT AFFECT THE
REMAINING PROVISIONS TFIEREOF .
SECTION 1 � . ALL ORDINANCES, PARTS OF ORDINAidCES , OR RESOLUTIONS
IN CONFLICT HEREWITH ARE EXPRESSLY REPEAL•ED .
PASSED AND APPROVED ON FIRST READING THIS THE 2ND DAY OF
OCTOBER , 1989 .
PASSED , APPROVED AND ADOPTF:D ON SECOND READING THIS THE 16TH
DAY OF OCTOBER , 1989 .
PAUL W. SCHRADER
I�SAYOR
CITY OF N'RIBNDSWOOD
AT E T
�L2.:�--� _ �
DELOR S ARCHER , CMC
CITY SECRETARY
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