CHAPTER 38: EMERGENCY MANAGEMENT
Section
   38.01   Emergency Management Director; Coordinator
   38.02   Development of emergency management plan
   38.03   Emergency Management Council
   38.04   Duties and responsibilities of Director
   38.05   Operational Emergency Management Organization; oath
   38.06   Unauthorized use of siren or warning signal prohibited
   38.07   Conflict with other rules
   38.08   City not liable
   38.09   Obstruction of emergency management; falsification
 
   38.99   Penalty
§ 38.01 EMERGENCY MANAGEMENT DIRECTOR; COORDINATOR.
   (A)   There exists the office of Emergency Management Director of the city, which shall be held by the Mayor in accordance with state law.
   (B)   An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director.
   (C)   The Director shall be responsible for conducting a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in § 38.04 of this chapter. He may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director.
(Ord. 82-10, passed 11-23-82)
§ 38.02 DEVELOPMENT OF EMERGENCY MANAGEMENT PLAN.
   The powers and duties of the Director shall include an on-going survey of actual or potential major hazards which may 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 plan for the city, 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 implementation of such emergency management plan. 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 plan.
(Ord. 82-10, passed 11-23-82; Am. Ord. 2009-12, passed 5-5-09)
§ 38.03 EMERGENCY MANAGEMENT COUNCIL.
   The Mayor is hereby authorized to join with the Bell County Judge and the Mayors of the cities in the county in the formation of an Emergency Management Council for the county and shall have the authority to cooperate on the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county-wide program of emergency management in so far as the program may affect the city.
(Ord. 82-10, passed 11-23-82)
§ 38.04 DUTIES AND RESPONSIBILITIES OF DIRECTOR.
   The duties and responsibilities of the Emergency Management Director shall include the following:
   (A)   If the Director determines that a local disaster exists, the Director shall declare a local state of disaster and invoke emergency powers. Emergency powers may not be continued or renewed for a period in excess of seven days except by or with the consent of the City Council. An 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.
   (B)   The direction and control of the actual disaster operations of the City Emergency Management Organization as well as the training of emergency management personnel.
   (C)   The determination of all questions of authority and responsibility that may arise within the Emergency Management Organization of the city.
   (D)   The maintenance of necessary liaison with other municipal, county, district, state, regional, federal, or other emergency management organization.
   (E)   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 plan.
   (F)   The issuance of all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the emergency management plan.
   (G)   The issuance of reasonable rules, regulations, or directives which are necessary for the protection of life and property in the city. 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.
   (H)   The supervision of 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 other municipalities within the county, for the county- wide coordination of emergency management efforts.
   (I)   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 within the city.
   (J)   The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes.
(Ord. 82-10, passed 11-23-82; Am. Ord. 2009-12, passed 5-5-09)
§ 38.05 OPERATIONAL EMERGENCY MANAGEMENT ORGANIZATION; OATH. 
   (A)   The operational Emergency Management Organization shall consist of the officers and employees of the city so designated by the Director in the emergency management plan as well as all organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management 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 chapter. 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.
   (B)   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.
(Ord. 82-10, passed 11-23-82)
§ 38.06 UNAUTHORIZED USE OF SIREN OR WARNING SIGNAL PROHIBITED.
   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 chapter and shall be subject to the penalties imposed by § 38.99.
(Ord. 82-10, passed 11-23-82) Penalty, see § 38.99
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