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Ordinance No. 3,271Published: The Baytown Sun. 11124 -3 Tuesday, December 1, 1981 Wednesday, December 2, 1981 ORDINANCE NO. 3271 AN ORDINANCE AMENDING CHAPTER 9, CIVIL DEFENSE & DISASTER RELIEF, BY REPEALING THAT CHAPTER AND BY THE ADOPTION OF A NEW CHAPTER 9; ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY IMANAGEMENT & PREPAREDNESS WHICH INCLUDES THE MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT & PREPAREDNESS DIRECTOR; AUTHORIZING THE CITY MANAGER TO ACT AS THE ASSISTANT MANAGEMENT & PREPAREDNESS DIRECTOR; AUTHORIZ- ING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT & PREPARED- NESS COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSI- BILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF BAYTOWN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED TWO HUNDRED & NO /100 ($200.00) DOLLARS. WHEREAS, the City Council of the City of Baytown finds that the identification of potential hazards and the preven- tion or mitigation of their effects must be an on -going concern of the City if the lives and property of the popu- lace are to be protected; and WHEREAS, the City Council hereby declares that the pre- paration of a plan, and the means for its implementation, for the protection of lives and property in the City of Baytown from natural or man - caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council finds, therefore, that the preparation, adoption, and implementation of such plans are now imperative; and WHEREAS, new legislation has been passed by the 67th Texas Legislature amending the Texas Disaster Act of 1975; and WHEREAS, such amendments to the Act make it necessary to amend Chapter 9 of the Code or Ordinances of the City of Baytown; NOW THEREFORE, ]_1124 -3a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That Chapter 9, Civil Defense & Disaster Relief, of the Code of Ordinances of the City of Baytown is hereby amended by the repeal of that Chapter as presently constituted and by the adoption of a new Chapter 9 that shall read as follows: CHAPTER 9 EMERGENCY MANAGEMENT & PREPAREDNESS Section 9 -1: Office of Emergency Management & Pre- paredness Director and duties therein. (a) There exists the office of Emergency Manage- ment & Preparedness Director of the City of Baytown, which shall be held by the Mayor. (b) The City Manager shall act as the Assistant Management and Preparedness Director and shall have the authority as delegated by the Director; (b) An Emergency Management & Preparedness Coordin- ator may be appointed by and serve at the pleasure of the Director; (c) The Director shall be responsible for conduct- ing a program of comprehensive emergency management and preparedness within the city and for carrying out the duties and responsibilities set forth in Section 9 -4 of this ordinance. He may delegate authority for execution of these duties to the Assistant Management & Preparedness Director, but ultimate responsibility for such execution shall remain with the Director. Section 9 -2: Development of emergency management and preparedness plan. The powers and duties of the Director shall include an on -going survey of actual or potential major 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. As part of his responsibility in hazard mitigation, the Director shall supervise the development of an emergency management and preparedness plan for the City of Baytown, 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 imple- mentation of such emergency management and preparedness plan. The Director shall have the authority to declare WZ_ 11124 -3b a state of disaster, but such action shall be sub- ject to confirmation by the City Council at its next meeting. The Assistant Emergency Management & Prepared- ness Director and the Emergency Management & Prepared- ness Coordinator jointly shall have the authority to declare a state of disaster but such action shall be subject to confirmation by the City Council at its next meeting. 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 herein, as well as a continuing study of the need for amendments and improvements in the emergency management and preparedness plan. Section 9 -3: Creation of joint emergency management and preparedness plans. The Mayor is hereby authorized to join with the County Judge of the County of Harris and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of Harris and shall have the authority to cooperate in the pre- paration of a joint emergency management plan and in the appointment of a joint Emergency Management Coordi- nator, as well as all powers necessary to participate in a county -wide program of emergency management insofar as said program may affect the City of Baytown. Section 9 -4: Duties and responsibilities of Emergency Management & Preparedness Director in formulating and organizing emergency management and preparedness plans. The duties and responsibilities of the Emergency Management & Preparedness Director shall include the following: (a) The direction and control of the actual disaster operations of the Baytown Emergency Management & Pre- paredness organization as well as the training of Emergency Management personnel. (b) The determination of all questions of autho- rity and responsibility that may arise within the Emergency Management & Preparedness organization of the City. (c) The maintenance of necessary liaison with other municipal, county, state, regional, federal, or other emergency management organizations. (d) The marshalling, after declaration of a disaster as provided for above, 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 & preparedness plan. (e) The issuance of all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the City of Baytown's emergency management and preparedness plan. -3- 11124 -3c (f) The issuance of reasonable rules, regulations or directives during a declared emergency which are neces- sary for the protection of life and property in the City of Baytown. 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. (g) The supervision of the drafting and execution of mutual aid agreements, in cooperation with the repre- sentatives of the state and of other local political subdivisions of the state, and the drafting and execu- tion, 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. (h) 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 & preparedness within the City. (i) The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. Section 9 -5: Organization of the Emergency Management & Preparedness Plan organization. The operational Emergency Management & Preparedness organization of the City of Baytown shall consist of the officers and employees of the City so designated by the Director in the emergency management and preparedness plan, as well as all organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accor- dance with the terms of the emergency management and preparedness 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 ordinance. insofar as possible, the 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. Section 9 -6: Unauthorized use of siren or other device. 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. Section 9 -7: Superseding effect. 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. -4- 11124 -3d Section 9 -8: Ordinance not to be in conflict. 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. Section 9 -9: Use of private property and liability for damages. 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 Baytown, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corpora- tion, 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 regula- tion promulgated pursuant to the provisions of this ordinance 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 compensation grants to the City of Baytown, a license of privilege, or otherwise 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, privi- lege or other permission or for loss of, or damage to, the property of such person. Section 9 -10: Council approval of expenditures or contract. No person shall have the right to expend any public funds of the City in carrying out any emergency management & preparedness 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. Section 9 -11: Hindering enforcement of plan & penalty for violation of ordinance. It shall be unlawful for any person willfully to obstruct, hinder, delay any member of the Emergency Management & Preparedness 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. 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 & Preparedness organization of the City of Baytown, unless authority to do so has been granted to such person by the proper officials. Convic- tions for violations of the provisions of this ordinance shall be punishable by fine not to exceed TWO HUNDRED & N01100 {$200.00} DOLLARS. -5- 11124 -3f Section 9 -12: Oath Each employee or any individual that is assigned a function or responsibility shall solemnly swear or affirm to support and defend the Constitution of the United States, laws of the State of Texas and the Ordinances of the City of Baytown. Section 2: If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Section 3: All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Section 4: This ordinance shall take effect from and after ten (10) days after its passage. The City Clerk is hereby directed to publish the caption of this ordinance at least once in the official newspaper of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this the 24th day of November , 1981. ATTEST: EILEEN P. HALL, City Clerk APPROVED: NDALL B. STRONG, City Attor