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HomeMy WebLinkAboutOrdinance 11592ORDINANCE NO. 11592 AN ORDINANCE REPEALING CHAPTER 1, SECTION 11, "STATE OF EMERGENCY," AND CHAPTER 13, DIVISION 2, "OFFICE OF EMERGENCY MANAGEMENT," OF THE CODE OF THE CITY OF FORT WORTH AND SUBSTITUTING THEREFOR CHAPTER 9, "EMERGENCY MANAGEMENT," OF THE CODE OF THE CITY OF FORT WORTH; ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPARED- NESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ESTABLISHING THE OFFICE OF EMERGEN- CY MANAGEMENT DIRECTOR; CREATING THE OFFICE OF EMERGENCY MANAGEMENT AS A DIVISION OF THE FIRE DEPARTMENT AND THE POSITION OF EMERGENCY MANAGEMENT COORDINATOR AS AN EMPLOYEE OF THE FIRE DEPARTMENT UNDER THE DIRECTION AND SUPERVISION OF THE CHIEF OF THE FIRE DEPARTMENT TO CARRY OUT THE DUTIES AND RESPONSIBILITIES OF THE OFFICE; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF FORT WORTH; 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 ANNOUNCEMENTS OR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $500.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA- TIVE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth finds that the identification of potential hazards and the prevention or mitigation of their effects must be an ongoing 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 comprehensive emergency management plan, and the means for its implementation, for the protection of lives and property in the City of Fort Worth from natural, technological, or attack related emergencies or disasters, or threat thereof is immediately essen- tial; and WHEREAS, the City Council further finds that in times of emergencies or disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the prepara- tion and implementation of such plans are now imperative; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. A. Chapter 1, Section 11, "State of Emergency," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby repealed. B. Chapter 13, Division 2, "Office of Emergency Management," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby repealed. Section 2. Chapter 9, "Civil Defense," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended and after such amendment shall read as follows: Chapter 9 EMERGENCY MANAGEMENT ARTICLE I Sec. 9-1. Emergency Management Director. (a) There exists the position of Emergency Management Director of the City of Fort Worth, Texas, which shall be held by the Mayor in accordance with State law, and who shall have all the powers and responsibilities specified in said law and in this ordinance. (b) The line of succession to the Mayor, as presiding officer, for the purpose of declaring a local state of emergency or a local state of disaster shall be as follows: (1) In the absence of the Mayor, the Mayor Pro-tem will act as the presiding officer. (2) In the absence of the Mayor Pro-tem, a City Council member will act as the presiding officer if elected by the other members of the City Council in accor- dance with the City Charter. (3) In the absence of a City Council member elected to act as presiding officer, any City Council member plus the City Manager will act jointly as the presiding officer. (4) In the absence of any City Council member, the City Manager will act as the presiding officer. (5) In the absence of the City Manager, his/her designee will act as the presiding officer. -2- (c) The Director bears the ultimate responsibility for the emergency management program for the City; however, authority for carrying out the responsibilities specified in this ordinance, with the exception of those actions which are the sole responsibility of the Director andfor the City Council, may be delegated to an Emergency Management Coordinator. Sec. 9-2. Emergency Management Director Responsibilities. The responsibilities of the Director shall include, but not necessarily be limited to, the following: (a) Conducting a program of comprehensive emergency manage- ment including mitigation, preparedness, response and recovery. (b) Conducting an ongoing survey of actual or potential 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. (c) Supervising the development and approval of an emergency management plan for the City of Fort Worth, and recommending for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (d) In accordance with State law, declaring a local state of emergency during times of riot or unlawful assembly by three (3) or more persons acting together by use of force or violence, or if a clear and present danger of the use of violence exists, or a natural or technological emergency exists or threatens the health and/or safety of the citizens of the City of Fort Worth. The declaration may be issued when an emergency is imminent or during the initial or response phase of the emergency when resolution of the incident(s) or situation(s) by use of City personnel and equipment is expected and/or as a prelude to submitting a request to the Governor for assistance from State resources. The declara- tion may not be continued or renewed for a period in excess of seventy-two (72) hours except by or with the consent of the City Council. Any order or proclamation declaring, continuing or terminating a local state of emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (e) In accordance with State law, declaring a local state of disaster during or following a natural, technological, or attack related catastrophe when response to and/or recovery and rehabili- tation from the effects of the catastrophe will overwhelm the capabilities of the City. The declaration serves as the initial step in requesting assistance from the State through the Governor. -3- The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (f) Issuing necessary proclamations, regulations, or direc- tives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the situation prevent or impede, promptly filed with the City Secretary. (g) Ensuring, after a state of emergency or state of disaster has been declared, that the City exercises all powers reasonably necessary to protect the health, security, peace, life and property of the city and its inhabitants during the period of such emergency or disaster. These powers may be exercised during the state of emergency or disaster after reasonable notice has been given of the situation and the powers to be exercised. This notice shall be judged with due regard to the exigent circumstances at the time. Such reasonable notice may include publication in a newspaper of general circulation, announcement over television or radio, circulation of notices or posted signs in the affected area, or by other appropriate means. These special powers shall include, but are not limited to: (1) Imposition of a general or limited curfew regulating or prohibiting any person or persons from being or remain- ing, loitering or congregating on any street; alley, park, public property or any other place which may be specified and where they have no right or authority to be under the terms of and during the period covered by said curfew. (2) Limitation or prohibition of the sale or dispensing of beer, wine, liquor and any or all other forms of alcohol- ic beverages. (3) Limitation or prohibition of the sale or dispensing of gasoline or other liquid flammable or combustible products, dynamite or other explosives, firearms or ammunition. (4) Limitation upon or prohibition against the operation of any establishment selling, distributing, dispensing or giving away any of the items enumerated in subparagraphs (1) , ( 2 ) and ( 3 ) above -4- (5) Appropriation of real property, fixtures, and/or personal property for purposes of necessary governmental opera- tions for not longer than three hundred sixty (360) consecutive days after commencement of such natural, technological, or attack related emergency or disaster or until termination of the emergency or disaster period by the local governing body declaration, whichever first occurs. (6) Establishment of temporary emergency housing, for persons needing same, upon any and all lands to which the City has right of possession or custody, whether the same shall be deraigned from grantors, donors or lessors by purchase, dedication or otherwise, irrespective of local zoning ordinances, rules and regulations, or deed restrictions, effective at the time of or during the establishment of such housing. (h) Assuming direction and control of the operations of the City of Fort Worth Emergency Management organization as well as ensuring the training of Emergency Management personnel. (i) Determining all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (j) .Maintaining liaison with other municipal, county, district, state, regional or federal Emergency Management organza- tions. (k) Marshaling 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. (1) Supervising 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 said city is located and with other municipali- ties within the county, for the county-wide coordination of emergency management efforts. (m) Supervising and authorizing 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. (n) Authorizing agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. -5- (o) Surveying the availability of existing personnel, equip- ment, supplies, and services which could be used during an emergency or a disaster, as provided for herein. (p) Satisfying other requirements as specified in the State law. Sec. 9-3. Economic Stabilization Measures; Emergency Abrogation of Competitive Bidding Requirements. (a) Upon finding by the City Council of substantial disrup- tion of the local free, competitive market in the purchase or sale of goods and services, the Mayor may promulgate a schedule of maximum retail prices chargeable or collectable in the city on the purchase and sale of any or all goods or services, in whole or part, for a period of not more than fifteen (15) days or until earlier termination of the subject emergency or disaster period by Council declaration, after the occurrence of a natural, techno- logical, or attack related emergency or disaster. (b) No rule or regulation promulgated hereunder shall provide any maximum price for an item of goods or services enumerated above which is less than the arithmetically averaged, prevailing retail price for such item as of the date of the occurrence of such natural, technological, or attack related emergency or such disaster. Such prevailing retail price may be determined by statistical sampling as the Mayor, with approval of the City Council, may direct. Alternatively, however, the Mayor may set the maximum retail price for any or all items of goods and services enumerated above by declaring, with City Council approval, that the price charged by the purveyor of such affected good or service within the jurisdictional limits of the City on such occurrence date shall be the maximum retail price lawfully chargeable by the purveyor of such affected good or service. An added special transportation cost for any regulated goods may be permitted by the local governing body. If at a later time it becomes evident that different prices may be proper the Mayor, with City Council approval, may order adjusted the figures by any method conforming to this section. Any person affected by this subsection and dissatisfied with the action taken may resort to remedies provided by law. In no event shall the City, City Council, City officers, employees or agents be held pecuniarily liable for any losses or damages attributable to its regulation of prices hereunder. In promulgating maximums under this section, the declaration by the Mayor that the arithmetically averaged, prevailing price of any item charged on the occurrence date in the city by the purveyors thereof shall be the maximum retail price chargeable by such purveyors for the period of price control shall be deemed suffi- dent for the invocation of the regulatory power herein provided. -6- (c) In the event of occurrence of a natural, technological, or attack related emergency or disaster the Mayor, with approval of the City Council, under the terms of this section, may remove, by ordinance or order, on one reading, the operation, in whole or in part, of the competitive bidding requirements of State law and applicable local law, whether in charter, ordinance or order, for a period of not more than ninety (90) days after the calamity or disaster occurrence date if each such order shall be preceded by final passage and approval of an ordinance or order of the City Council declaring its finding of the existence of a prevalent natural or technological emergency or a disaster, pursuant to the terms of this section. However, the Council shall diligently strive insofar as practicable to follow the guidelines of such competitive bidding law. ARTICLE II Sec. 9-4. Emergency Management Organization. The operational Emergency Management organization of the City of Fort Worth shall consist of the officers and employees of the City as well as support organizations or agencies and organized volunteer groups so designated in the emergency management plan. The functions and responsibilities of this organization shall be distributed among such officers and employees, supporting organiza- tions and organized volunteer groups in accordance with the terms of the emergency management plan. Sec. 9-5. Emergency Management Office. There is hereby created an Office of Emergency Management as a division of the Fire Department, which shall have a Coordinator under the supervision and direction of the Chief of the Fire Department to carry out the responsibilities of the office. Sec. 9-6. Emergency Management Plan. A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. The plan shall address the mitigation, prepared- ness, response and recovery phases of emergency management. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organiza- tion, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved by the Director, it shall be the duty of all 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. -7- The emergency management plan shall be considered supplementary to this ordinance and have the effect of law during the time of an emergency or disaster. Sec. 9-7. Interjurisdictional Program. The Mayor is hereby authorized to join with the County Judge of the County of Tarrant and the mayors of the other cities in said county in the formation of an interjurisdictional emergency management program for the County of Tarrant, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan, 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 Fort Worth. The Emergency Management Coordinator for the City of Fort Worth may also serve in that capacity for unincorporated Tarrant County. Sec. 9-8. Override. 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 there- with. Sec. 9-9. Liability. 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 Fort Worth, the agents and represen- tatives of said City, nor any individual, receiver, firm, partner- ship, corporation, 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 regulation 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 Fort Worth 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 natural, technological or attack related disaster 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, privilege or other permission or for loss of, or damage to, the property of such person. -8- Sec. 9-10. Commitment of 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 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 unless during a declared emergency or disaster. During a declared emergency or disaster, the Mayor or presiding officer may expend and/or commit public funds of the City when deemed prudent and necessary for the protection of health, life or property. Sec. 9-11. Offenses; Penalties. (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. (b) 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, or as a representative of the Emergency Management organization of the City of Fort Worth, unless authority to do so has been granted to such person by the proper officials. The proper officials are the City Council, City Manager, Assistant City Managers, Department Directors, and Emergency Management Coordinator. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, or who shall make an unauthorized all-clear announce- ment or signal, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. (d) Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed five hundred dollars ($500.00). SECTION 3. 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 unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. -9- SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 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