(A) There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the city, which shall consist of the following:
(1) The Mayor of the city, who shall serve as Chairperson of the Committee;
(2) The Municipal Defense Coordinator of the city, who shall be charged with the preparation of a civil defense plan for the city, together with other duties as the Committee may prescribe. The Coordinator shall be appointed by and hold his or her position at the pleasure of the Mayor and City Council. The Coordinator shall serve as Vice-Chairperson of the Municipal Defense and Disaster Relief Committee of the city;
(3) The City Clerk shall be the Assistant Coordinator and shall assist the Coordinator and serve in the absence or incapacity of the Coordinator;
(4) The directors of divisions and chiefs of services of the divisions as may be provided for by resolution by the City Council or by directive of the Municipal Defense Coordinator; and
(5) Representatives not to exceed 12 in number from civic, business, industry, labor, veterans, professional or other groups, to be selected and appointed by the Mayor.
(B) The powers and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the City Council of a civil defense plan for the city, and the recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of the civil defense plan. The duties of the Civil Defense and Disaster Relief Committee shall also include the making of a survey of the availability of existing personnel, equipment, supplies and services which could be used during an emergency, as provided for herein, as well as a continuing study of the need for amendments and improvements in the civil defense plan adopted by the City Council. The Civil Defense and Disaster Relief Committee of the city shall meet upon the call of either the Mayor or Coordinator.
(C) The Mayor of the city is hereby authorized to join with the County Judge and the mayors of the other cities in the county in the formation of a Civil Defense and Disaster Relief Council for the county and shall have the authority to cooperate in the formation of a civil defense plan for the county and in the appointment of a Civil Defense Director for the county, as well as all other powers necessary to participate in a county-wide program of civil defense and disaster relief insofar as the program may affect the city.
(D) (1) The Office of Municipal Defense Coordinator is hereby created. The Municipal Defense Coordinator shall have the authority to request the declaration of the existence of an emergency by the City Council or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Coordinator may, if the City Council is not in session, do so, but the action shall be subject to confirmation by the City Council at its next meeting.
(2) The duties and responsibilities of the Municipal Defense Coordinator shall include the following:
(a) The control and direction of the actual operation or training efforts of the civil defense and disaster relief organization of the city;
(b) The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the city;
(c) The maintenance of necessary liaison with other municipal, district, state, county, regional, federal or other civil defense organizations;
(d) The marshaling, after declaration of an emergency 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 civil defense plan;
(e) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan;
(f) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the city, the rules and regulations shall be filed in the office of the City Clerk and shall receive widespread publicity, unless publicity will be of aid and comfort to the enemy;
(g) 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 the county in which the city is located and with other municipalities within the county, for the county-wide coordination of efforts in defense and disaster relief;
(h) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions; and
(i) The authorizing of agreements, after approval of the City Attorney, for the use of private property for air raid shelter and other purposes.
(E) (1) The operational civil defense and disaster relief organization of the city shall consist of the officers and employees of the city designated by the Municipal Defense Coordinator, as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among the divisions, services and special staff as the City Council shall prescribe by resolution or the Municipal Defense Coordinator shall provide the directive.
(2) Any resolution or directive shall set forth the form of organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this section. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Defense and Disaster Relief Council of the state and of the federal government.
(F) Each person serving as a member of the Municipal Civil Defense and Disaster Relief Committee, or as an officer, employee or volunteer in any capacity in the Municipal Civil Defense and Disaster Relief Organization created by resolution or directive pursuant to the authority herein conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows:
“I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any political party or organization, group or combination of persons that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the County Civil Defense and Disaster Relief Committee of the County of Hardin, I will not advocate nor become a member or an affiliate of any organization, group or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence.”
(G) Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this section constitutes a public nuisance and when deemed necessary in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the city, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this section.
(H) Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this section and shall be subject to the penalties imposed by this section.
(I) At all times when the orders, rules and regulations made and promulgated pursuant to this section shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith.
(J) (1) This section is an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the city, the agents and representatives of the city or any individual, receiver, firm, partnership, 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 provisions of this section shall be liable for any damage sustained to person or property as the result of the activity.
(2) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license or privilege, or otherwise permits the city to inspect, designate and use the whole or any part or parts of the real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack shall, together with his or her successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about the real estate or premises under the license, privilege or other permission or for loss of, or damage to, the property of the person.
(K) No person shall have the right to expend any public funds of the city in carrying out any civil defense activity authorized by this section 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.
(L) The immediate passage of this section is deemed essential to the public health, safety and welfare, and it shall take immediate effect.
(Ord. passed 5-25-1967) Penalty, see § 30.99