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HomeMy WebLinkAboutOrdinance 7599 ORDINANCE NO. 7599 AN ORDINANCE AMENDING ARTICLE IV "EMERGENCY BOARD" OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, (1964) , AS AMENDED, BY AMENDING SECTIONS 2-24 THROUGH 2-32, INCLUSIVE, BY PROVIDING A SHORT TITLE FOR THE ARTICLE; STATING THE INTENT AND PURPOSE OF THE ARTICLE; DEFINING TERMS; PROVIDING FOR ORGANIZA- TION OF THE OFFICE OF CIVIL DEFENSE; PROVIDING FOR EMERGENCY POWERS AND DUTIES FOR THE DIRECTOR OF THE OFFICE OF CIVIL DEFENSE AND THE COORDINATOR OF THE OFFICE OF CIVIL DEFENSE AND PROVIDING FOR PROMULGA- TION OF REGULATIONS BY THE DIRECTOR OF CIVIL DEFENSE; PROVIDING FOR ADOPTION OF A CIVIL DEFENSE AND DISASTER BASIC PLAN; DECLARING A GOVERNMENTAL FUNCTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF THE ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, AND PROVIDING FOR REPEAL; PROVIDING A SEVERABILITY CLAUSE, AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLICATION OF THE CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Sections 2-24 through 2-32, inclusive, of Article IV of Chapter 2 of the Code of the City of Fort Worth, Texas (1964) , as amended, be and the same are hereby amended so that hereafter same shall read and be as follows: "ARTICLE IV. CIVIL DEFENSE "Sec. 2-24. Title "This Article shall be known and may be cited and referred to as the Civil Defense Code of the City of Fort Worth. "Sec. 2-25. Intent and Purpose "(a) The intent and purpose of this Article is to establish an Office of Civil Defense which will ensure the complete and efficient utilization of all of the City's facilities to combat disaster resulting from enemy actions or other disasters as defined herein. "(b) The Fort Worth Office of Civil Defense will be the coordinating agency for all activity in connection with civil defense; it will be the instrument through which the City Manager, as Director of the Office of Civil Defense, may ex- ercise the authority and discharge the responsi- bilities vested in him by the Texas Disaster Act of 1975, the City Charter and this Article. "(c) This Article will not relieve any City Department of the legal responsibilities or authority given to it in the City Charter or by Ordinance. "Sec. 2-26. Definitions "The following definitions shall apply in the interpretation of this Article: "(a) 'Civil Defense' shall mean the carrying out of the basic government functions of main- taining the public peace, health and safety during an emergency. This shall include plans and preparations for protection from, and relief, recovery and rehabilitation from, the effects of an attack on the City by the forces of an enemy nation or the agents thereof, and it shall also include such activity in connection with disaster as defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States. "(b) 'Attack' shall mean a direct or indirect assault against the City of Fort Worth, its government, its environs, or a direct or indirect assault against the United States, by the forces of a hostile nation or the agents thereof, including but not limited to assault by bombing, radiological, chemical or biological warfare or sabotage. "(c) 'Disaster' shall include but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, tornado, chemical spills, storm, epidemic or other impending or actual calamity endangering or threatening to endanger health, life or property or constituted government. "(d) 'Civil Defense Forces ' shall mean the employees, equipment, and facilities of all City departments, boards, institutions and commissions, and, in addi- tion, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from volunteer persons or agencies. -2- "(e) 'Volunteer' shall mean any person contributing service, equipment or facilities to the civil defense organization without remuneration. "(f) 'Civil Defense Volunteer' shall mean any person duly registered, identified and appointed by the Coordinator of the Office of Civil Defense and assigned to participate in the civil defense activity. "(g) 'Director' shall mean the City Manager or his designated alternate duly appointed in accordance with this Article. "(h) 'Coordinator' shall mean the Coordinator of the Fort Worth Office of Civil Defense, appointed as prescribed in this Article. "(i) 'Regulations' shall include plans, programs and other emergency procedures deemed essential to civil defense. "Sec. 2-27. Organization. "The City Manager is hereby authorized and directed to create an Office of Civil Defense utilizing to the fullest extent the existing agencies within this City. The City Manager, as executive head of the municipal government, shall be the Director of the Office of Civil Defense of this City and shall be responsible for its organization, administration and operation. He shall also direct the activities of all Civil Defense Forces in the City. "The organization shall consist of the following: "(a) An Office of Civil Defense within the executive department of the city government and under the direction of the City Manager. There shall be a person appointed who shall be known as the Coordinator of the Office of Civil Defense, and such assistants and other employees as are deemed necessary for the proper functioning of the organization. "(b) The employees, equipment and facilities of all City departments, boards, institutions and commissions, who will participate in the civil defense activity. Duties assigned to a City department shall be the same or similar to the normal duties of the department. "(c) Volunteer persons and agencies offering service to the City which is accepted by the City. "The City Manager as the Director of Civil Defense shall appoint a Coordinator of the Fort Worth Office of Civil Defense who shall be a person well versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this Article. -3- "The City Manager as the Director of Civil Defense shall designate and appoint Deputy Directors to assume the emergency duties of the Director in the event of his absence or inability to act. There shall at all times be a Director of Civil Defense in authority in the City. "Sec. 2-28. Director of Civil Defense - Powers and Duties. "The Director of Civil Defense shall exercise the emergency power and authority necessary to fulfill his general powers and duties as set out in the City Charter. The judgment of the Director of Civil Defense shall be the sole criteria necessary to invoke emergency powers provided in this Article. The City Council may convene to perform its legisla- tive and administrative powers as the situation demands, and shall receive reports relative to civil defense activities. Nothing in this Article shall be construed as abridging or curtailing the powers or restrictions of the City Council as set out in Chapter III of the City Charter. "The Director of Civil Defense shall have the following powers and duties: "(a) During any period when disaster threatens or when the City has been struck by disaster, within the definition of this Article, the Director of Civil Defense may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: "(1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of civil defense forces, or to facilitate the mass movement of persons from critical areas within or without the City. "(2) Regulations pertaining to the movement of per- sons from areas deemed to be hazardous or vulnerable to disaster. "(3) Such other regulations necessary to preserve public peace, health and safety. "Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamation published and uttered by newspaper and radio. These regulations will have the force of ordinance when duly filed with the City Secretary. "(b) The Director of Civil Defense shall order civil defense forces to the aid of other communities when -4- required in accordance with the statutes of the state, and he may request the state, or a political subdivision of the state, to send aid to the City of Fort Worth in case of disaster when conditions in the City are beyond the control of the local civil defense forces. "(c) The Director of Civil Defense may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people, and bind the City for the fair value thereof. "(d) The Director of Civil Defense may require emergency services of any City officer or employee. If regular City forces are determined inadequate, the Director may require the services of such other personnel as he can obtain that are available, includ- ing citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, and other registered and identified civil defense and disaster workers. "(e) The Director of Civil Defense will cause to be prepared the Basic Plan herein referred to and will exercise his ordinary powers as City Manager, all of the special powers conferred upon him by the City Charter, the Ordinances and the Code of the City of Fort Worth, all powers conferred upon him by any statute, or any other lawful authority. "Some of the duties ascribed to the Director in this Article may ordinarily be handled as a matter of routine by the Coordinator of the Office of Civil Defense, but the responsibility and authority stem from and remain with the Director. "Sec. 2-29. Coordinator of the Office of Civil Defense - Powers and Duties. "The Coordinator of the Office of Civil Defense shall be responsible to the Director with respect to all phases of the civil defense activity. Under the supervision of the Director, he shall be responsible for the planning, coordination and operation of the civil defense activity in the City. Under the supervision of the Director, he shall maintain liaison with the state and federal authorities and the authori- ties of other nearby political subdivisions as to ensure the most effective operation of the civil defense plan. His duties shall include, but not be limited to, the following: "(a) Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the City for civil defense purposes. -5- "(b) Development and coordination of plans for the immediate use of all of the facilities, equip- ment, manpower and other resources of the City for the purpose of minimizing or preventing damage to persons and property; and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare. "(c) Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for the civil defense purposes and designat- ing suitable buildings as public shelters. "(d) Through public informational programs, educating the civilian population as to actions necessary and required for the protection of their persons and property in case of enemy attack, or disaster, as defined herein, either impending or present. "(e) Conducting public practice alerts to ensure the efficient operation of the civil defense forces and to familiarize residents with civil defense regulations, procedures and operations. "(f) Coordinating the activity of all other public and private agencies engaged in any civil defense activity. "(g) Assuming such authority and conducting such activity as the Director may direct to promote and execute the civil defense plan. "Sec. 2-30. Civil Defense and Disaster Basic Plan. "A comprehensive civil defense and disaster Basic Plan shall be adopted and maintained by resolution of the City Council upon the recommendation of the Director of Civil Defense. In the preparation of this Plan as it pertains to City organization, it is the intent that the services, equipment, facili- ties and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all municipal 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 Basic Plan shall be considered supple- mentary to this Article and have the effect of law whenever a disaster, as defined in this Article, has been proclaimed. "The Director of Civil Defense shall prescribe in the Basic Plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, -6- the person holding the position herein referred to will designate and keep on file with the Director a current list of at least three (3) persons as successors to his position. The list will be in order of succession and will as nearly as possible designate persons best capable of carrying out all assigned duties and functions. "Each service chief and department head assigned responsibility in the Basic Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned city employees and volunteers. Each service chief shall formulate an operational plan for his service which, when approved by the City Council upon recommendation of the Director of Civil Defense shall be an annex to and a part of the Basic Plan. "Amendments to the Basic Plan shall be submitted to the Director. If approved by him,he shall submit the amendments to the City Council with his recommenda- tions for their approval. Such amendments shall take effect immediately from the date of approval by the City Council. "Sec. 2-31. Civil Defense volunteers. "When a required competency or skill for a disaster function is not available within the city government, the Director is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. Such services from persons outside of government may be accepted by the City on a volunteer basis. Such citizens shall be enrolled as civil defense volunteers in cooperation with the heads of City departments affected. "Sec. 2-32. Governmental Function. "This Article is an exercise by the City of its government functions for the protection of the public peace, health, and safety, and neither the City nor officers, agents, representatives, and employees of said City, or any individual, receiver, firm, partner- ship, corporation, association, or trustee, or 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 pro- visions of this Article, shall be liable for any damage sustained to persons or property as the result of said activity. -7- "Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right 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 not be civilly liable for the death of, or injury to, any persons 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." SECTION 2. That this Ordinance shall be cumulative of all provisions of Ordinances and of the Code of the City of Fort Worth (1964) , as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances and such Code, in which event such conflicting provisions of such Ordinances and such Code are hereby repealed. Ordinances 2681, 2784, 2868, 3649 and 4482 creating an emergency board, are hereby expressly repealed. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, in- effective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That the City Secretary of the City of Fort Worth is hereby authorized to publish this Ordinance in pamphlet form for general distribution among the public, and this Ordinance as so published -8- shall be admissible in evidence in all courts without further proof than the production of said pamphlet, as provided in Section 3,Chapter XXVI of the Charter of the City of Fort Worth. SECTION 5. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption, penalty clause and effective date of this Ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 6. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this Ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the Ordinance in the Ordinance records of said City. SECTION 7. That it shall be unlawful for any person, firm or corpora- tion to violate any of the provisions of this Ordinance or any regulation or plan promulgated pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the civil defense organization as herein defined in the enforcement of the provisions of this Ordinance or any regulation or plan issued thereunder. That any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . -9- SECTION B. That this Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. Johndroe, Jr., City Attorney -10- VILt414 HUOW t 1 LINE PRIORE MIMES City of Fort Worth, Texas BAILIFF BRADSHAW Mayor and Council Communication GRAHA11 PAIGE KEE. IVORY STURN DATE REFERENCE SUBJECT: Proposed Ordinance Regulating PAGE NUWBER G 3533 Civil Defense Activities for 1 tOSINSON SAN ETV16/77 G� Background Recent Federal and state laws and guidelines, including the Texas Disaster Act of 1975 and Governors Executive Order D.B. 23, make a new and specific 0,xAJLL civil defense ordinance necessary. The proposed ordinance would be in conformance with state law and would set m,�,� forth in detail disaster response management responsibilities. Specific duties and powers are spelled out for: 1. Civil Defense Director (City Manager) 2. Civil Defense Coordinator 3. Department and Division Heads This ordinance requires that a workable Emergency Operations Plan be prepared and that certain officials prepare and maintain three-deep chain of command lists. The proposed ordinance gives needed emergency powers to the Director such as restricting movement of vehicles and/or persons from areas deemed to be hazardous, imposing regulations necessary to facilitate the work of civil defense forces and ". . .such other regulations necessary to preserve public peace, health and safety." Recommendation It is recommended that the City Council approve the attached proposed ordinance. GG:sm Attachment SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY 1� AP^^P�RO(V;ED ❑ OTHER (DESCRIBE) f7 A00PIRD '� c+H s � n. � 5 9 9 CI SECRETARY 10�14_ DATE CITY MANAGER 8/(4/77