§ 35.15 TRANSFER OF PERMITS.

   No sale, assignment or other transfer of any permit issued pursuant to the provisions of this subchapter shall be valid for any purpose.

(1998 Code, § 46-45) (Ord. 14-11, passed 5-21-2014)

§ 35.16 DURATION OF PERMITS.

   All permits issued pursuant to the provisions of this subchapter shall expire annually at midnight on January 31, regardless of the date of issue, unless sooner revoked or terminated.

(1998 Code, § 46-46) (Ord. 14-11, passed 5-21-2014)

§ 35.17 SUSPENSION OR REVOCATION OF PERMITS.

   Grounds for suspension or revocation of a permit may include the following:

   (A)   Failure at any time to meet or keep any of the requirements of this subchapter, including conduct of ambulance attendant/emergency medical technicians and interfering with police or fire;

   (B)   Operating an ambulance in such a manner as to endanger any person or property;

   (C)   Failure to adhere to the Fire Department’s rules and regulations;

   (D)   Violation of any federal or state law, or any rules or regulations promulgated pursuant to federal or state law, or any other city ordinances related to the operation of an ambulance; and/or

   (E)   Failure to arrive within the specified response time limit three or more times within the permit period.

(1998 Code, § 46-47) (Ord. 14-11, passed 5-21-2014; Ord. 2022-12, passed 7-6-2022)

§ 35.18 SUSPENSION OR REVOCATION PROCEDURES.

   (A)   Notwithstanding any provision of this subchapter, the Fire Chief or his or her designee shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation. The Fire Chief or his or her designee may immediately suspend a permit for up to 15 calendar days if there is substantial evidence of a violation which constitutes an imminent danger to the public and the permit holder is unable or unwilling to correct the violation. Otherwise, before any permit may be suspended or revoked, the Fire Chief or his or her designee shall hold a hearing at which evidence of such violation may be presented and rebutted. A hearing may be scheduled by the Fire Chief or his or her designee after receiving a complaint charging a violation or, at his or her discretion, upon his or her investigation and review. Notice of the hearing, the administrative action proposed to be taken and the grounds therefor shall be given to the permit holder at least ten calendar days prior to the hearing. Mailing such notice by certified mail to the last known business address of the permit holder not less than ten calendar days prior to the hearing shall constitute adequate notice. If the Fire Chief or his or her designee suspends or revokes a permit, he or she shall notify the permit holder in writing of the reasons for the suspension or revocation, the effective date of the suspension or revocation, the date of reinstatement, if any, and the conditions which must be satisfied for reinstatement, and such notification shall advise the permit holder that he or she may appeal such decision to the Mayor. Mailing such notification by certified mail to the last known business address of the permit holder within ten calendar days of the hearing shall be deemed sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit for at least six months from the date the revocation became effective. The Fire Chief or his or her designee, in determining whether to suspend or revoke a permit, may consider prior suspensions.

   (B)   (1)   After a permit holder “passes” seven times during a permit year, their permit will be automatically suspended for the remainder of the year, with no right to appeal.

(1998 Code, § 46-47) (Ord. 14-11, passed 5-21-2014; Ord. 2022-12, passed 7-6-2022)

EMERGENCY MANAGEMENT

§ 35.30 LOCAL AGENCY ESTABLISHED; POWERS AND DUTIES.

   A local emergency management agency for the city is hereby established. The powers and duties of such agency shall be as provided by the Texas Disaster Act of 1975, Tex. Gov’t Code §§ 418.01 et seq.

(1998 Code, § 34-31) (Ord. 93-73, passed 11-17-1993)

§ 35.31 OFFICE OF DIRECTOR ESTABLISHED; COORDINATOR; EMERGENCY MANAGEMENT ORGANIZATION.

   (A)   There exists the Office of Emergency Management Director of the city, which shall be held by the Mayor in accordance with state law. An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director.

   (B)   The Director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this subchapter. He or she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director.

   (C)   The Operational Emergency Management Organization of the city shall consist of the officers and employees of the city so designated by the Director in the Emergency Management Plan and Annexes, as well as 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.

(1998 Code, § 34-32)

§ 35.32 POWERS AND DUTIES OF DIRECTOR.

   The duties and responsibilities of the Emergency Management Director shall include the following:

   (A)   Conduct of 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;

   (B)   Supervision of the development and approval of an Emergency Management Plan and Annexes for the city and recommendation for adoption by the City Commission all mutual aid arrangements deemed necessary for the implementation of such plan;

   (C)   Authority to declare a local state of disaster. 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 Commission. 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;

   (D)   Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this subchapter. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary;

   (E)   Direction and control of the operations of the City Emergency Management Organization, as well as the training of emergency management personnel;

   (F)   Determination of all questions of authority and responsibility that may arise within the Emergency Management Organization of the city;

   (G)   Maintenance of a liaison with other municipal, county, district, state, regional or federal emergency management organizations;

   (H)   Marshaling 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 and Annexes;

   (I)   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 and with other municipalities within the county for the county-wide coordination of emergency management efforts;

   (J)   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;

   (K)   Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelters and other purposes;

   (L)   Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for in this subchapter; and

   (M)   Other requirements as specified in Texas Disaster Act of 1975 (Tex. Gov’t Code §§ 418.01 et seq.).

(1998 Code, § 34-33) (Ord. 93-73, passed 11-17-1973)