§ 11.5-2 SAME—RESPONSIBILITIES.

   The responsibilities of the director shall include, but not necessarily be limited to, the following:

   (a)   Conducting a program of comprehensive emergency management 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 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 declaration may not be continued or renewed for a period in excess of 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 rehabilitation 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. The declaration may not be continued or renewed for a period in excess of seven 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 directives which are necessary for carrying out the purposes of this chapter. 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 remaining, 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 alcoholic 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 subsections (g)(1), (g)(2) and (g)(3) above;

      (5)   Appropriation of real property, fixtures and/or personal property for purposes of necessary governmental operations for not longer than 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; and

      (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 organizations;

   (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;

   (l)   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 municipalities within the county, for the countywide 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;

   (o)   Surveying the availability of existing personnel, equipment, supplies and services which could be used during an emergency or a disaster, as provided for herein; and

   (p)   Satisfying other requirements as specified in the state law.

(Ord. 11592, § 2(9-2), passed 6-6-1994)

§ 11.5-2.5 AUTHORITY TO TEMPORARILY DETAIN OR RESTRICT MOVEMENT OF INDIVIDUAL TO PROTECT PUBLIC HEALTH.

   (a)   In addition to the authority granted by other provisions in this chapter or under other law, during a declared public health emergency related to a communicable or infectious disease, a peace officer or other individual designated by the city's chief of police or city marshal is hereby granted the explicit authority to protect the public health by detaining or restricting the mobility of any individual who has been confirmed as being infected with the contagious communicable disease or condition that is the subject of the public health emergency and for whom a control order is being sought or for whom a control order has been issued, provided, however, that such detainer or restriction shall be strictly limited in duration in accordance with subsection (d) below.

   (b)   The authority granted under subsection (a) may only be exercised if the individual in question demonstrates by words or actions that he is either unwilling or unable to voluntarily comply with medical directions regarding self-isolation or similar measures intended to reduce the risk of infection by others or with the terms of a control order.

   (c)   If an individual is unwilling or unable to voluntarily comply with the terms of a control order and a court order is not actively being sought by another appropriate entity, City staff is authorized to seek a court order to enforce a control order.

   (d)   A detainer or restriction while awaiting the issuance of a control order or of a court order to enforce a previously issued control order shall not exceed longer than is reasonably necessary and under no circumstances longer than 24 hours.

(Ord. 24090-03-2020, § 1, passed 3-26-2020)

§ 11.5-3 ECONOMIC STABILIZATION MEASURES; EMERGENCY ABROGATION OF COMPETITIVE BIDDING REQUIREMENTS.

   (a)   Upon finding by the city council of substantial disruption 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 15 days or until earlier termination of the subject emergency or disaster period by council declaration, after the occurrence of a natural, technological 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 (b) 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 sufficient for the invocation of the regulatory power herein provided.

   (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 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.

(Ord. 11592, § 2(9-3), passed 6-6-1994)

§ 11.5-4 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 organizations and organized volunteer groups in accordance with the terms of the emergency management plan.

(Ord. 11592, § 2(9-4), passed 6-6-1994)

§ 11.5-5 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.

(Ord. 11592, § 2(9-5), passed 6-6-1994)

§ 11.5-6 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 chapter. The plan shall address the mitigation, preparedness, response and recovery phases of emergency management. As provided by state law, the plan shall follow the standards and criteria established by the division of emergency management of the State of Texas. Insofar as possible, the form of organization, 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. The emergency management plan shall be considered supplementary to this chapter and have the effect of law during the time of an emergency or disaster.

(Ord. 11592, § 2(9-6), passed 6-6-1994)