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A Comprehensive Emergency Management Plan and Annexes 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 subchapter. As provided by state law, the plan shall follow the standards and criteria established by the Division of Emergency Management of the state. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, 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 and Annexes shall be considered supplementary to this subchapter and have the effect of law during the time of a disaster.
(1998 Code, § 34-34)
Editor’s note:
The emergency management plan and annexes was adopted by Ord. 97-41 on 1-21-1998. The emergency management plan and annexes is not included herein, but is saved from repeal and is on file and available for inspection in the city offices.
The Mayor is hereby authorized to join with the County Judge and the Mayors of the other cities in the county in the formation of an Emergency Management Council for the county and shall have the authority to cooperate in 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 insofar as such program may affect the city.
(1998 Code, § 34-35)
At all times when the orders, rules and regulations made and promulgated pursuant to this subchapter shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent therewith.
(1998 Code, § 34-36)
(A) This subchapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety, and neither the city or the agents and representatives of the city, nor 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 subchapter shall be liable for any damage sustained to persons as the result of such activity.
(B) 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 of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or human-made disaster 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 such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person.
(1998 Code, § 34-37)
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this subchapter without prior approval by the City Commission, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior declaration of disaster. During a declared disaster, the Mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property.
(1998 Code, § 34-38)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the Emergency Management Organization in the enforcement of any rule or regulation issued pursuant to §§ 35.30 through 35.37 of this chapter or to do any act forbidden by rule or regulation issued pursuant to the authority contained in §§ 35.30 through 35.37 of this chapter.
(2) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials.
(3) 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 §§ 35.30 through 35.37 of this chapter and shall be subject to the penalties imposed by §§ 35.30 through 35.37 of this chapter.
(1998 Code, § 34-39) (Ord. 93-73, passed 11-17-1993)