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HomeMy WebLinkAbout2009-3180 - Ordinance - 05/18/2009ORDINANCE NO. 3180 AN ORDINANCE AMENDING CHAPTER 8, "PERSONNEL", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, "Personnel ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating this ordinance or any rule, order, declaration, or ordinance adopted under the Emergency Management Plan is an offense and punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days upon conviction thereof, and each offense shall be deemed to be a separate violation and punishable as a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 18th day of Mav , 2009. APPROVED: MAYOR ATTEST: Ch Secre ry APPROVED: �. -4 9 City Attorney Ordinance No. 3180 2 Exhibit A That Chapter 8 "Personnel" Sections 4 — 8 and 12 of the Code of Ordinances of the City of College, Station Texas is hereby amended and is to read as follows: ORDINANCE NO. Emergency Management Plan Section 4. Emergencv Management Plan: Definitions (1) "Division of Emergency Management" shall mean an office managed by the Emergency Management Coordinator to operate the day to day operations of emergency management functions of the city. (2) "Emergency Management Coordinator" shall mean a person designated to serve as an assistant to the Emergency Management Director for emergency purposes as authorized by Chapter 418 of the Government Code. (3) "Emergency Management Director" shall mean the Mayor or the Mayor Pro Tern in the Mayor's absence as authorized by Chapter 418 of the Government Code. (4) "Emergency Management Plan" shall mean any plan including this ordinance to provide for disaster mitigation, preparedness, response, and recovery. (5) "Mayor" shall mean the Mayor of the City or the Mayor Pro Tern in the Mayor's absence and is the Emergency Management Director as authorized by Chapter 418 of the Texas Government Code, as amended (Herein after referred to as Chapter 418). (6) "Volunteer" shall mean a person or entity contributing service, equipment, supplies or facilities without remuneration or without a formal agreement or contract for hire. Section 5. Emergencv Management Plan: Purpose (1) The purpose of this ordinance is set out of the City's Emergency Management Plan as required by Chapter 418 of the Texas Government Code. The Division of Emergency Management shall be the coordinating agency for all activity in connection with the Emergency Management Plan; and during a period of attack or natural disaster, Emergency Management Plan will be the instrument through which the Mayor may exercise the authority and discharge the responsibility vested in him by state law through this ordinance. (2) By the enactment of an Emergency Management Plan the City of College Station intends to further the health, safety and welfare of the residents of College Station in the event of an emergency disaster, major public disturbance, or other calamity. (3) It shall be unlawful to tamper with or damage any warning systems or equipment. Ordinance No. 3180 Section 6. Emergencv Management Plan: Duties of the Mavor The Mayor as deemed necessary in the interest of the public health, safety, and welfare, shall have all the authority as authorized by Government Code Chapter 418 and is hereby authorized to perform all actions as permitted under Chapter 418 including: (1) Serve as the Emergency Management Director for the City. (2) Serve as the Governor's agent in the administration and supervision of duties and to exercise the powers granted to the Governor on an appropriate local scale. (3) Establish wage, price, rent controls and other economic stabilization methods. (4) Establish a curfew during day or night affecting categories of persons that may be designated and establish limitations on utility use in a disaster area. (5) Control the ingress and egress of people and occupation of premises of disaster areas and establish other security measures. (6) Suspend or limit the sale, distribution, dispensing or transportation of alcoholic beverages, firearms, explosives, ammunition, and all other combustible products and require the closing of those businesses or parts businesses that sell, distribute, dispense or transport these items. (7) Appoint volunteers to act at the direction of the Mayor or his designee to provide any necessary services. (8) Order the closing of bars, lounges, private clubs, liquor stores or any business establishments having a liquor, beer, or wine permit, gasoline stations, theaters, and public buildings. The Mayor shall also have the power to prohibit the sale of beer, wine and intoxicating liquor and the sale, distribution or gift of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. (9) Establish blockades, close any and all streets, alleys, sidewalks, bike paths, public parks, or public ways. (10) Require that goods and services shall not be sold for more money than was charged on the date of the disaster. (11) Have the power and authority to suspend or modify ordinances of the City of College Station that would in any way prevent, hinder or delay necessary action in coping with a disaster. (12) Supervise of the development of emergency management plans for the City and all agreements deemed necessary for the implementation for such plans. Ordinance No. 3180 Section 7. EmerLyencv Management Plan: Penaltv Provisions rd That any person, firm, or corporation violating this ordinance or any rule, order, declaration, or ordinance adopted under the Emergency Management Plan is an offense and punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days upon conviction thereof, and each offense shall be deemed to be a separate violation and punishable as a separate offense. Section 8. Emergencv Manazement Plan: Liabilitv and Responsibility of the Citv The City assumes no liability for injury or death of volunteers in the performance of their duties as volunteers except that which is imposed by State law or any provision in a City ordinance or resolution of the City Council. The City employees assigned to duty as part of the Emergency Management Program shall retain all of the rights, privileges, and immunities of City employees, and shall receive the compensation incident to their regular employment. Reserve Police Force Section 12. Reserve Police Force (1) There is hereby established a police reserve force for the City of College Station, Texas. (2) Members of the police reserve force shall be appointed and relieved at the discretion of the Chief of Police and shall serve as police officers during the actual discharge of official duties. The police reserve force shall not exceed in number the total number of regular police officers authorized. (3) Members of the police reserve force shall serve at the discretion of the Chief of Police and may be called into active service at any time the Chief of Police considers it necessary to have additional police officers to preserve the peace and enforce the law. (4) Compensation and Benefits of Reserve Police Officers (a) Members of the police reserve force may serve without compensation. Uniforms and uniform compensation may be provided to the reserve police officers at the discretion of the Chief of Police. The uniform compensation shall be based solely upon time served by the member of the police reserve while in training for or in the performance of official duties. (b) The City of College Station may provide hospital and medical assistance to members of the police reserve force who sustain injury in the course of performing official duties, in the same manner as provided by the City of College Station for its full - time police officers, and reserve officers shall be eligible for death benefits as provided in state law; provided, however, that nothing in this section shall be construed to authorize or permit a member of the police reserve force to become eligible for participation in any Ordinance No. 3180 5 pension fund created pursuant to state law, to which regular regular officers may become a member by payroll deductions or otherwise. (c) Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full -time duties of regular police officers. (5) Minimum Standards for Reserve Police Officers (a) Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforcement Officers Standards and education minimum standards established for all reserve law enforcement officers identical to the standards so established which must be fulfilled before a person appointed as a reserve law enforcement officer may carry a weapon or otherwise act as a peace officer. The Chief of Police shall establish qualifications and standards of training for members of the police reserve force and shall establish rules and regulations governing reserve police officers. (b) The Chief of Police may establish minimum physical, mental, educational, and moral standards as used by the regular police department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforcement Officers Standards and Education.