Ordinance No. 15,325 ORDINANCE NO. 15,325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 22 "CIVIL EMERGENCIES," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO RENAME CHAPTER 22 "CIVIL
EMERGENCIES" TO "EMERGENCY MANAGEMENT;" AMENDING CHAPTER 22
"CIVIL EMERGENCIES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO RENAME ARTICLE II"EMERGENCY MANAGEMENT AND PREPAREDNESS"
TO "EMERGENCY MANAGEMENT;" AMENDING CHAPTER 22 "CIVIL
EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT AND
PREPAREDNESS," DIVISION 1, "GENERALLY," SECTION 22-28 "COUNCIL
APPROVAL OF EXPENDITURES OR CONTRACTS," AND SECTION 22-30
"UNLAWFUL CONDUCT,"OF THE CODE OF ORDINANCES,BAYTOWN,TEXAS;
AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY
MANAGEMENT AND PREPAREDNESS," OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO RENAME DIVISION 2 "OFFICE OF EMERGENCY
MANAGEMENT AND PREPAREDNESS" TO "OFFICE OF EMERGENCY
MANAGEMENT;" AMENDING CHAPTER 22, "CIVIL EMERGENCIES," ARTICLE
II "EMERGENCY MANAGEMENT AND PREPAREDNESS," DIVISION 2 "OFFICE
OF EMERGENCY MANAGEMENT AND PREPAREDNESS," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO AMEND TEXT TO AND RENAME
SECTION 22-61 "DIRECTOR" TO "CREATION," TO AMEND TEXT TO AND
RENAME SECTION 22-62"ASSISTANT DIRECTOR"TO"DIRECTOR,"TO AMEND
TEXT TO AND RENAME SECTION 22-63 "COORDINATOR" TO "EMERGENCY
MANAGEMENT COORDINATOR," AND TO AMEND TEXT TO AND RENAME
SECTION 22-64 "DUTIES OF DIRECTOR" TO "DUTIES AND POWERS AS STATE-
DESIGNATED EMERGENCY MANAGEMENT DIRECTOR AND COORDINATOR;"
AMENDING CHAPTER 22, "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY
MANAGEMENT AND PREPAREDNESS,"DIVISION 3 "PLANS," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE TEXT TO AND RENAME
SECTION 22-91 "DEVELOPMENT AUTHORITY OF DIRECTOR" TO
"EMERGENCY MANAGEMENT PLAN AND ANNEXES," TO RENAME SECTION
22-92 FROM "CREATION OF JOINT PLANS AUTHORIZED" TO
"INTERJURISDICTION EMERGENCY MANAGEMENT PARTICIPATION," TO
AMEND THE TEXT TO AND RENAME SECTION 22-93 FROM "DUTIES AND
RESPONSIBILITIES OF DIRECTOR IN FORMULATING AND
ORGANIZING PLANS"TO "DUTIES AND RESPONSIBILITIES OF THE OFFICE OF
EMERGENCY MANAGEMENT," AND TO AMEND THE TEXT TO AND RENAME
SECTION 22-94 FROM "ORGANIZATION" TO "DECLARATION OF AN
EMERGENCY OR DISASTER;" AMENDING CHAPTER 22 "CIVIL
EMERGENCIES," ARTICLE III "PRE-DISASTER MANAGEMENT," OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME DIVISION 1 FROM
"RESIDENTIAL BOARD AND CARE OCCUPANCY" TO "LONG-TERM CARE
RESIDENTIAL FACILITIES;" AMENDING CHAPTER 22 "CIVIL EMERGENCIES,"
ARTICLE III "PRE-DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL
BOARD AND CARE OCCUPANCY," SECTION 22-101 "DEFINITIONS," SECTION
22-103 "APPLICATION," AND SECTION 22-104 "APPLICATION PROCESS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 22
"CIVIL EMERGENCIES,"ARTICLE I11,"PRE-DISASTER MANAGEMENT,"OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A DIVISION TO BE
NUMBERED AND ENTITLED DIVISION 2, "EMERGENCY MANAGEMENT
ADVISORY COMMITTEE;" PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Chapter 22, "Civil Emergencies" of the Code of Ordinances, Baytown, Texas,
is amended to rename Chapter 22 "Civil Emergencies" to "Emergency Management."
Section 2: That Chapter 22, "Emergency Management," of the Code of Ordinances, Baytown,
Texas, is amended to rename Article II "Emergency Management and Preparedness" to "Emergency
Management."
Section 3: That Chapter 22 'Emergency Management," Article II "Emergency Management,"
Division 1 "Generally," Section 22-28 "Council approval of expenditures or contracts" of the Code of
Ordinances,Baytown,Texas, is hereby amended to read as follows:
CHAPTER 22.EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
See. 22-28. Council approval of expenditures or contracts.
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.
Section 4: That Chapter 22 'Emergency Management," Article II 'Emergency Management,"
Division 1 "Generally," Section 22-30 "Unlawful conduct" of the Code of Ordinances, Baytown,Texas, is
hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. -EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
Sec. 22-30. Unlawful conduct.
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 article or to
any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. 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 of the city, unless authority to do so has been
granted to such person by the proper officials.
Section 5: That Chapter 22 'Emergency Management," Article II 'Emergency Management,"
of the Code of Ordinances,Baytown,Texas,is hereby amended to rename Division 2 "Office of Emergency
Management and Preparedness" to "Office of Emergency Management."
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Section 6: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 2 "Office of Emergency Management"of the Code of Ordinances,Baytown,Texas,to amend text
to and rename Section 22-61 "Director" to "Creation" is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 2. OFFICE OF EMERGENCY MANAGEMENT
Sec. 22-61. Creation.
There is hereby created the office of emergency management of the City of Baytown. The office
shall, in cooperation with the state and the federal government, establish a disaster preparedness program
for the city that will enable city government to react promptly and effectively to protect lives and property
before, during and after a disaster.
Section 7: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 2 "Office of Emergency Management" of the Code of Ordinances,Baytown,Texas, to amend text
to and rename Section 22-62 "Assistant director" to "Director" is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 2. OFFICE OF EMERGENCY MANAGEMENT
Sec. 22-62. Director.
The director of the office of emergency management shall be the mayor. In the case of the absence
or incapacity of the mayor,the mayor pro tem shall serve as director in accordance to Section 15 of the City
of Baytown,Texas,city Charter or until the mayor's lawful successor takes place.The director is responsible
for overseeing the overall effectiveness of this chapter.
Section 8: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 2"Office of Emergency Management"of the Code of Ordinances,Baytown,Texas,to amend text
to and rename Section 22-63 "Coordinator" to "Emergency management coordinator" is hereby amended
to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 2. OFFICE OF EMERGENCY MANAGEMENT
Sec. 22-63. Emergency management coordinator.
The city manager shall appoint an emergency management coordinator with consent of the mayor.
The emergency management coordinator shall conduct the daily operations of city's emergency
management program, subject to the direction of the director.
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Section 9: That Chapter 22 'Emergency Management," Article II "Emergency Management,"
Division 2 "Office of Emergency Management" of the Code of Ordinances,Baytown,Texas,to amend text
to and rename Section 22-64 "Duties" to "Duties and powers as state-designated emergency management
director and coordinator" is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 2. OFFICE OF EMERGENCY MANAGEMENT
Sec.22-64. Duties and powers as state-designated emergency management director and coordinator.
The director and the emergency management coordinator shall have the following duties and
responsibilities:
(1) Continual survey of actual or potential major hazards which threaten life and property within the
city.
(2)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.
(3) Supervise the development of an emergency management plan for the city and 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 management plan.
(4) Survey of the availability of existing personnel, equipment, supplies and services that 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.
Section 10: That Chapter 22 'Emergency Management," Article II 'Emergency Management,"
Division 3 "Plans" of the Code of Ordinances, Baytown, Texas, to amend the text to and rename Section
22-91 "Development authority of director" to 'Emergency management plan" is hereby amended to read as
follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 3. PLANS
Sec. 22-91. Emergency management plan and annexes.
(1) The office of emergency management shall develop,keep current,and distribute to appropriate
officials a comprehensive emergency management plan and its annexes, and an interjurisdictional
emergency management plan that includes the minimum content specified by the Texas Division of
Emergency Management(the Division), signed by the mayor; which includes a plan:
(a) that follows the standards and criteria established by the Division insofar as possible, the
form of organization,titles and terminology conform to the recommendations of the Division;
(b) that sets forth the form of the program and its concept of operations; and
(c) that assigns responsibilities, tasks, duties and powers; and
(d) that designates and selects department directors or their respective designee to carry out the
provisions of functions of this plan.
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(2) The city and, to the extent the director options for the city to participate, interjurisdictional
plans shall be reviewed annually and must have been prepared or updated during the last five (5) years to
be considered current. A copy of each plan and any changes to it will be provided to the Division.
(3) After the plan is approved, it shall be the duty of all departments and agencies to perform the
functions assigned by the basic plan, and to maintain their portion of the plan in a current state of readiness
at all times. The emergency management basic plan and its annexes shall be considered supplementary to
this chapter and have the effect of law during the time of a disaster or emergency.
Section l l: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 3 'Plans" of the Code of Ordinances, Baytown, Texas, is hereby amended to rename Section 22-
92 from"Creation of joint plans authorized"to "Interjurisdictional emergency management participation."
Section 12: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 3 'Plans" of the Code of Ordinances, Baytown, Texas, to amend the text to and rename Section
22-93 from "Duties and responsibilities of director in formulating and organizing plans" to 'Duties and
responsibilities of the office of emergency management" is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 3. PLANS
Sec. 22-93. Duties and responsibilities of the office of emergency management.
The office of emergency management shall:
(1) Prepare an emergency management program for the city;
(2) Direct and control the actual disaster operations of the city emergency management
organization as well as the training of emergency management personnel;
(3) Maintain a secure facility to carry out the basic functions of city government during a disaster;
(4) Survey and establish the availability of personnel, equipment, supplies and services that could
be used in implementing the emergency management program;
(5) Maintain an emergency communications system for use during a disaster;
(6) Establish a method to conduct city-wide warnings or other public announcements and
disseminate emergency public information during a disaster;
(7) Coordinate, in time of war, all city functions in support of the Armed Forces of the United
States.In connection with this responsibility,the office may assemble and authorize volunteer units to assist
the armed forces and to deny the resources of the city to the enemy;
(8) Cooperate in inter jurisdictional disaster emergency management planning and operations with
other political subdivisions having contracts therefor with the city, if any;
(9) Determine all questions of authority and responsibility that may arise within the emergency
management organization of the city;
(10) Maintain necessary liaison with other municipal, county, state, regional, federal or other
emergency management organizations;
(11) Marshal, after declaration of a disaster as provided in this article, all necessary personnel,
equipment or supplies from any city department to aid in carrying out the provisions of the emergency
management plan;
(12) Supervise 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 the city is located and with other
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municipalities within the county, for the countywide coordination of emergency management efforts,to be
executed by the director;
(13) Supervise and give 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
(14) Authorize agreements,after approval by the city attorney,for use of private property for public
shelter and other purposes,to be executed by the director.
Section 13: That Chapter 22 "Emergency Management," Article II "Emergency Management,"
Division 3 "Plans" of the Code of Ordinances, Baytown, Texas, to amend the text to and rename Section
22-94 from "Organization" to "Declaration of an emergency or disaster" is hereby amended to read as
follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE II. EMERGENCY MANAGEMENT
DIVISION 3. PLANS
Sec. 22-94. Declaration of an emergency or disaster.
(1) A proclamation of a local state of emergency by the mayor of a declared emergency,pursuant
to Chapter 418 of the Texas Government Code, authorizes the immediate operational effectiveness of the
city's emergency management plan and authorizes the mayor to use emergency powers and to issue
emergency orders, rules, regulations or directives as the mayor reasonably deems necessary to protect
public health and safety from conduct and conditions directly related to the circumstances that are the
subject of the proclamation.
(2) Emergency powers of the mayor may not be continued or be renewed for a period in excess of
seven days except by or with the consent of the city council.
(3) During any period in which a state of disaster has been declared by either the mayor or the
governor, the city council may convene to perform its duties as the situation demands, and shall receive
reports relative to emergency management activities.If it becomes necessary for the mayor and city council
to vacate or leave the city limits, the city council shall have full power and authority to act in matters
affecting property or people remaining in the city limits in the same manner as though the city council were
conducting its business within the city limits.As soon as the city council finds that emergency powers need
not be used to deal with a situation, it shall immediately proclaim that the state of disaster has terminated.
(4) Any order or proclamation declaring,continuing,or terminating a state of disaster must be filed
promptly with the city secretary and given prompt and general publicity,such as through newspapers,radio,
and television,unless publicity would be of aid and comfort to the enemy.
Section 14: That Chapter 22"Emergency Management,"Article III"Pre-Disaster Management,"
of the Code of Ordinances, Baytown, Texas, is hereby amended to rename Division 1 from "Residential
Board and Care Occupancy" to "Long-Term Care Residential Facilities."
Section 15: That Chapter 22 "Emergency Management,"Article III"Pre-Disaster Management,"
Division I "Long-Term Care Residential Facilities," Section 22-101 "Definitions" of the Code of
Ordinances, Baytown,Texas, is hereby amended to read as follows:
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CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE 111. PRE-DISASTER MANAGEMENT
DIVISION 1. LONG-TERM CARE RESIDENTIAL FACILITIES
Sec. 22-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Adult day care center means a facility that provides care or supervision for three or more persons 18
years of age or older who are not related by blood, marriage, or adoption to the owner or operator of the
facility, whether or not the facility is operated for profit or charges for the services it offers.
All-hazards emergency plan means a plan approved by the coordinator containing at a minimum the
following:
(1) Assurances the plan meets federal and state regulatory standards, rules, and requirements for
emergency preparedness and emergency planning;
(2) A roster of emergency and non-emergency contacts, including 24-hour available management
and facility maintenance personnel;
(3) An identification and risk assessment of all potential internal and external emergency threats,
hazards, and situations relevant to the facility's geographical area;
(4) The plan must address the following elements:
a. Direction and control.
b. Warning.
c. Communication.
d. Sheltering arrangements.
e. Evacuation.
f. Transportation.
g. Health and medical needs.
h. Resource management.
(5) Annual and periodic training and exercises;
(6) Contracts for emergency supplies, transportation, alternate shelter sites, services, and
equipment;
(7) Proof of current required federal, state, and local licenses and permits; and
(8) Other specific information related to the life-safety of the facility, staff, and residents as
required by the coordinator.
Child care center means a facility that provides care, training, education, custody, treatment, or
supervision for persons under 14 years of age who are not related by blood, marriage, or adoption to the
owner or operator of the facility,whether or not the facility is operated for profit or charges for the services
it offers.
Convalescent or nursing home includes both (i) an establishment which furnishes food and shelter
to three or more persons who are not related by blood, marriage, or adoption to the owner or proprietor of
the establishment and, in addition, provides minor treatment under the direction and supervision of a
physician, or services which meet some need beyond the basic provision of food, shelter, and laundry; and
(ii) an establishment conducted by or for the adherence of any well-recognized church or religious
denomination for the purpose of providing facilities for the care or treatment of the sick who depend
exclusively upon prayer or spiritual means for healing,without the use of any drug or material remedy.This
term does not include a hotel or similar place that furnishes only food and lodging, or either, to its guests,
a hospital, or an establishment that furnishes only baths and massages in addition to food, shelter, and
laundry.
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Convent means the dwelling units of a religious order or congregation.
Coordinator means the emergency management coordinator.
Dormitory means a structure occupied or designed to be occupied by three or more students of an
accredited post-secondary educational institution, with sleeping accommodations and common gathering
rooms, where such building is directly related to such institution.
Existing residential board and care facility shall mean any structure having a residential board and
care occupancy:
(1) That was properly licensed and permitted by the city as a custodial residential care and living
facility on December 20, 2015; or
(2) That:
a. Had an immediate prior use as a licensed and permitted hospital, nursing home or other
similar state licensed residential health care facility;
b. Has been converted for a residential board and care occupancy;
c. Is fully fire sprinkled in accordance with NFPA 13; and
d. Has all life safety features and equipment, which was required by the facility's prior use,
restored, maintained, and operational in accordance with all applicable codes.
Foster home means a facility that provides room, board, and supervision to five or more persons
under 18 years of age who are not related by blood, marriage, or adoption to the owner or operator of the
facility for which reimbursement or fee is received for any one or more of the children in return for such
services.
Group home means a facility in which three or more unrelated individuals reside and which provides
care in a protected living arrangement for underage minors, the mentally and/or physically impaired,
developmentally disabled,or victims of abuse or neglect.This term includes congregate living facilities for
the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or
neglect, congregate living facilities of boarding schools, and residential services licensed by the state
commission on alcohol and drug abuse, but not primarily for criminal rehabilitation.
Hatay house shall mean a facility for the housing, rehabilitation, and training of persons on
probation, parole, or early release from correctional institutions, or other persons found guilty of criminal
offenses wherein residence is limited to no more than 90 calendar days.
Hospital means a healthcare institution where sick or injured patients are given medical treatment
which includes general hospitals, specialty hospitals, psychiatric hospitals, and freestanding emergency
medical care facilities.
Hotel shall mean a facility in which members of the public may, for consideration, obtain sleeping
accommodations, including without limitation hotels, motels, tourist homes, tourist houses or courts,
lodging houses, inns, rooming houses or other buildings where rooms are furnished for consideration but
not including hospitals, sanitariums, nursing homes or other facilities where medical, personal, minors, or
other care or monitoring or assistance services are offered or provided.
Long-term care residential facility shall mean(i) any structure constructed on or after December 20,
2015,as a long-term care residential facility,(ii)any structure that has been converted into a long-term care
residential facility, except for a structure included in the definition of existing long-tern care residential
facility, or (iii) a structure or portion thereof having a long-term care residential facility occupancy and
includes, but not limited to, convalescent or nursing homes, skilled nursing facilities, assisted living
facilities, and intermediate care facilities for individuals with an intellectual disability and adult day care
centers, which centers are capable and equipped for overnight stays, and hospitals. The term does not
include:
(1) a municipal,county,or statej ail,state prison,federal correctional center or private correctional
facility that contracts with the state department of criminal justice;
(2) a religious retreat;
(3) a halfway house where no medical treatment is rendered;
(4) a hospital or healthcare facility licensed as such by the State of Texas;
(5) a hotel; or
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(6) a dormitory;
(7) end-stage renal disease facilities;
(8) day activity and health services; and
(9) foster homes and group homes.
Long-term care residential facility occupancy means any occupancy where for compensation three
or more non-familial persons reside or are housed overnight for the purpose of long-term medical care,
treatment, monitoring, custody, general care, or assistance. This term includes any occupancy where
persons are admitted, reside, or are kept for monitoring, assistance, care, custody, or treatments either
voluntarily or involuntarily.
Personal care home means a personal care home and a group home for the disabled as such terms are defined
in article IV of the unified land development code.
Religious retreat shall mean a facility operated exclusively for the purpose of prayer, religious study
and meditation.The term shall include a convent.
Residential zoning district means those zoning districts included in section 2.05 of the unified land
development code, as amended.
Section 16: That Chapter 22 "Emergency Management,"Article III"Pre-Disaster Management,"
Division 1 "Long-Term Care Residential Facilities," Section 22-103 "Application" of the Code of
Ordinances,Baytown,Texas, is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE III. PRE-DISASTER MANAGEMENT
DIVISION 1. LONG-TERM CARE RESIDENTIAL FACILITIES
Sec.22-103.Application.
(a) Submission. Applications for a permit, whether original or renewal, must be made to the
coordinator by the intended operator of the long-term care residential facility. Application forms shall be
supplied by the coordinator.
(b) Contents. All applications shall include or be accompanied by the following at the time of
submission to the coordinator:
(1) A non-refundable fee as established in section 2-595 of this Code;
(2) The name, business address, and telephone number of the operator of the long-term care
residential facility;
(3) The name and location of the long-term care residential facility;
(4) Proof of a current certificate of occupancy from the city;
(5) The names, titles, email addresses, and telephone numbers of the following persons
associated with the and long-term care residential facility:
a. The person submitting the application;
b. The owner of the long-term care residential facility, along with a photocopy of their
current,valid state issued driver's license or state issued identification card;
c. The operator/manager of the long-term care residential facility;
d. The principal contact for the applicant, owner, and operator; and
e. The 24-hour emergency contact who can initiate appropriate actions in response to an
emergency;
(6) The maximum number of persons who may reside or may be housed overnight for the
purpose of residence, medical care, treatment, monitoring, custody, general care, or
assistance;
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(7) The description of the services provided at the long-term care residential facility to persons
residing or housed at the facility;
(8) An all-hazards emergency plan; and
(9) Any other information requested by the coordinator.
Section 17: That Chapter 22"Emergency Management,"Article III"Pre-Disaster Management,"
Division I "Long-Tenn Care Residential Facilities," Section 22-104 "Application process" of the Code of
Ordinances, Baytown,Texas, is hereby amended to read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE III. PRE-DISASTER MANAGEMENT
DIVISION 1. LONG-TERM CARE RESIDENTIAL FACILITIES
Sec. 22-104. Application process.
(a) Completeness review. No application shall be processed until the established fee has been paid
and the application has been deemed complete by the coordinator.
(b) Abandoned application. Applicant shall have 30 calendar days to respond in writing with
corrections or to request an application extension. Failure to respond within the 30-day period shall
constitute an abandoned application,which shall become null and void.
Section 18: That Chapter 22"Emergency Management," Article III'Pre-Disaster Management,"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add a division to be numbered and
entitled Division 2 "Emergency Management Advisory Committee," which shall read as follows:
CHAPTER 22. EMERGENCY MANAGEMENT
ARTICLE III. PRE-DISASTER MANAGEMENT
DIVISION 2. EMERGENCY MANAGEMENT ADVISORY COMMITTEE
Sec. 22-107A. Advisory Committee.
(1) The city hereby establishes the Baytown emergency management advisory committee to advise
and assist the office of emergency management in matters relating to mitigation,preparedness,prevention,
response, and recovery.
(2) The Committee shall consist of the emergency management coordinator, fire chief, police
chief, director of public works, director of engineering, and director of health or their respective designee,
and, by appointment of the emergency management coordinator, with consent of the city manager, the
committee shall further consist of,to the fullest extent possible,one community member from the following
industries: industrial and chemical facility, educational institution, and non-profit organizations or
volunteer organizations active in disaster management, and one interested resident.
(3) The chair and presiding officer of Baytown emergency management advisory committee is the
emergency management coordinator. The chair shall develop rules and procedures to govern the process
of committee meetings and conducting the business of the committee, subject to the consent of the city
manager.
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Section 19: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency.
In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 20: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of salve to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
Section 21: This ordinance shall take effect from and after ten(10) days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 12°i day of January, 2023.
NDON CAPETILLO, ayor
ATTEST: /
/ J �
r\
ANGELA CKSO")City Clerk %
APPROVED STO RM:
SCOTT LEM , City Attorney
RAKaren Anderson\ORDINANCES\2023\2023.01.12U.Way\Chapter 22 JWay 12.12.2022(Rev.).docx
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