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HomeMy WebLinkAbout1985-1585 - Ordinance - 04/11/1985ORDINANCE NO. 1585 AN ORDINANCE IMPLEMENTING THE EMERGENCY MANAGEMENT PLAN FOR THE CITY OF COLLEGE STATION IN COMPLIANCE WITH RESOLUTION NO. 11-21- 84-14 PASSED BY THE CITY COUNCIL ON THE 21ST DAY OF NOVEMBER, 1984 AND AMENDING CHAPTER 8, SECTIONS 4-8 OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION. WHEREAS, the office of emergency management was created on Novem- ber 21, 1984 by Resolution No. 11-21-84-14 passed by the City Council of the City of College Station; WHEREAS, said Resolution required the development of an Emergency Management Plan for the City of College Station; WHEREAS, the City Council of the City of College Station by the enactment of an Emergency Management Plan for 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 dis- aster, major public disturbance, or other calamity. The City Council does not intend to impair the freedom to carry on any business or enterprise, the freedom of individual action, or the freedom to use property, whether personal or real. Nor does the City of College Station City Council intend by this ordinance to authorize the impairment of contracts. It is the intent of the City Council to conform to the constitutions of the United States, the State of Texas, Federal law and Texas law. Nor is the passage of this ordinance intended to authorize the denial of equal protection or due process; and WHEREAS, the following Sections 4-8 of Chapter 8 of the Code of Ordinances of the City of College Station hereby constitute the framework of authority for the implementation of the Plan of Emergency Management; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT: That Chapter 8, Sections 4-8 of the Code of Ordinances, City of College Station, Texas, are hereby amended to read as follows: "SECTION 4. DEFINITIONS: ATTACK - shall mean a direct assault upon and against the City or its environs by hostile forces, including assault by bombing, chemical or biological warfare, or sabotage. -1- DISASTER - shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, windstorm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamina- tion, blight, drought, infestation, explosion, riot, hostile mil- itary or paramilitary action, other public calamity requiring emergency action, or energy emergency. MAYOR - shall mean the Mayor of the City or the Mayor Pro Tem. VOLUNTEER - shall mean contributing a service, equipment, supplies or facilities without remuneration or without a formal agreement or contract for hire. SECTION 5. INTENT It is the intent of this ordinance that the organization estab- lished hereby will insure the complete and efficient utilization of all of the City's resources to combat disaster caused by at- tack in that the organization will also serve to combat natural disasters. The Office of Emergency Management shall be the co- ordinating agency for all activity in connection with the Emer- gency Management Program; and during a period of attack or natu- ral disaster, it will be the instrument through which the Mayor may exercise the authority and discharge the responsibility in- vested in him by this ordinance. SECTION 6. DUTIES OF THE MAYOR The Mayor of the City Council of the City of College Station, as deemed necessary in the interest of the public health, safety, and welfare, shall have the authority and is hereby directed to do the following acts: (1) Declare an emergency when he determines that a disaster or major public disturbance has occurred or that the oc- currence or the threat of a disaster or major public disturbance is imminent, the state of emergency contin- ues until the Mayor finds that the threat or danger has passed, or that the threat has been dealt with to the extent that emergency conditions no longer exist and terminates the state of emergency, by proclamation. At any time during the state of emergency, the City Council of the City of College Station may meet and by majority vote dissolve the state of emergency. On termination of the state of emergency, the Mayor shall issue a procla- mation ending the state of emergency. In no event shall -2- (2) (3) (4) (5) (6) (7) (8) (9) a state of emergency continue longer than ten (10) days unless renewed by the Mayor. All proclamations issued under this Section shall indicate the nature of the emergency, the area threatened, and the conditions which have brought it about or which make possible termination of the state of emergency. In no event may a state of emergency continue after the Governor of the state is- sues an executive order terminating the state of emer- gency. Immediately notify the County Commission of Brazos Coun- ty and coordinate all emergency relief assistance with other local governmental entities. Order supplies and equipment of the City of College Sta- tion be used to protect life and property. Direct the City Manager or his delegate to organize forces of the various departments of the City Government to provide any necessary services, and if additional employees are needed, to hire persons on a day-to-day basis in compliance with the Charter of the City of College Station. Appoint volunteers to act at the instance of the City Manager to provide any necessary services. Provide volunteers a signed insignia or other device to show that the individual is a volunteer and has author- ity to act at the direction of the City Manager. Issue a proclamation setting a curfew into effect for all or any part of the City of College Station and to exempt therefrom any persons whose movement is essential to the implementation of the Emergency Management Plan. Order the closing of any place where arms, ammunition, dynamite or other explosives are sold and forbid the sale, barter, loan or gift of such items. Order the closing of bars, lounges, private clubs, li- quor stores or any business establishments having a li- quor, 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 intoxicat- ing liquor and the sale, distribution or gift of gaso- line or other flammable liquid or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. -3- (10) (11) (12) Declare a list of contraband. Exclude people from any area where there has been a pub- lic disturbance. Provide up-to-date lists of names, telephone numbers, and locations of persons and companies to be notified immediately upon proclamation of an emergency. The Mayor shall request the City Manager to assign City em- ployees to notify such persons and cOmpanies. Notifica- tion shall go to the following: (a) All public utility companies operating in the City. (b) Ail police officers on or off duty. (c) Ail City Fire Department personnel. (d) All Civil Defense Volunteers. (e) Ail Street Department employees, who shall report to stand-by locations as designated on a list to be kept up to date by the Director of Public Works. (f) All City Water Department employees who shall re- port to stand-by locations designated by the Direc- tor of Public Works. (g) Ail City Electric Department employees who shall report to stand-by locations designated by the Di- rector of Public Works. (h) Neighboring sheriff's office, municipalities, State Police, and Federal Civil Defense organizations. (i) Hospitals, emergency clinics, doctors and nurses. (j) Amateur radio, C.B., and telephone networks. (13) (14) Present unconditional authorization to the Governor of the State for removal of debris or wreckage from public property in the City of College Station. Put into effect a black-out and require the extinguish- ment of all lights. Further, the Mayor shall have the power to authorize any individual to operate a siren or other device as a black-out signal, curfew signal, or air raid signal. -4- gULF I .~l. (16) (17) Upon notification Erom the Director of Finance or his delegate of the funds available, expend public funds of the City of College Station in compliance with the Charter requirements. Direct the City Manager to have the Chief of Police of the City of College Station detail regularly employed law enforcement officers of the City of College Station Police Department to assist any other county or munici- pality, when in the opinion of the Mayor or other offi- cer authorized to declare a state of civil emergency in such other county or municipality, there e~ists in such other county or municipality a need for the services of additional law enforcement officers to protect the health, life, and property of such other county or muni- cipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man- made calamity, and a request for additional law enforce- ment officers is made to the City Manager of the City of College Station by such Mayor or Officer authorized to declare a state of emergency in such other county or mu- nicipality. Direct the City Manager to have the Fire Chief of the City of College Station detail regularly employed Fire Department employees of the City of College Station to assist any other county or municipality, when in the opinion of the Mayor or other officer authorized to declare a state of civil emergency in such other county or municipality, there exists in such other county or municipality a need for the services of additional fire- fighters to protect the health, life, and property of such other county or municipality, its inhabitants, and the visitors thereto, during time of natural disaster or man-made calamity. SECTION 7. RESERVE POLICE FORCE A. POLICE RESERVE FORCE ESTABLISHED There is hereby established a police reserve force for the City of College Station, Texas. APPOINTMENTS Members of the police reserve force shall be appointed and/or relieved at the discretion of the Chief of Police and shall --5-- serve as police officers during the actual discharge of offi- cial duties. C. AUTHORIZED NUMBER The police reserve force shall not exceed in number the total number of regular police officers authorized. D. SERVICE Members of the police reserve force shall serve at the dis- cretion of the Chief of Police and may be called into active service at any time the Chief of Police considers it neces- sary to have additional police officers to preserve the peace and enforce the law. E. COMPENSATION AND BENEFITS Members of the police reserve force may serve without compen- sation. 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. The City of College Station may provide hospital and medical as- sistance 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 set out in Chapter 86, Acts of 60th Legislature, Regular Session, 1967, as amended (Article 6228f V.T.C.S.); provided, however, that nothing in this sec- tion shall be construed to authorize or permit a member of the police reserve force to become eligible for participation in any pension fund created pursuant to state statue, to which regular officers may become a member by payroll deduc- tions or otherwise. 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 po- lice officers. F. MINIMUM STANDARDS Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforce- ment Officers Standards and education minimum standards es- tablished for all reserve law enforcement officers identical to the standards so established which must be fulfilled be- fore 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 -6- of training for members of the police reserve force and shall establish rules and regulations governing reserve police of- ricers. The Chief of Police may establish minimum physical, mental, educational, and moral standards as used by the regular po- lice department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforce- ment Officers Standards and Education. SECTION 8. LIABILITY AND RESPONSIBILITY 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 any City ordi- nance or resolution of the City Council. The City employees as- signed to duty as part of the Emergency Management Program shall retain all of the rights, privileges, and immunities of City em- ployees, and shall receive the compensation incident to their regular employment. SECTION 9. DUTIES OF THE CITY MANAGER It shall be the duty of the City Manager to advise the Mayor and perform the duties as required under this ordinance. It shall also be the duty of the City Manager to advise the Mayor concern- inG existing contracts the City of College Station is party to. In the event of an emergency, the Mayor shall determine if the public interest and necessity can be met under the existinG con- tract in question. If it is determined that it cannot, the Mayor shall be authorized to enter into other contracts for the health, safety, and welfare of the public. SECTION 10. DUTIES OF THE CITY ATTORNEY It shall be the duty of the City Attorney to advise the Mayor on legal procedures from the time that a public disturbance is im- minent and throughout any that may arise. The City Attorney shall advise the Mayor on the legal procedures requisite to the performance of his duties as determined by that State or United States Constitution, by State law, Federal law or local ordi- nance. SECTION 11. PENALTY PROVISIONS It shall be a violation of this section for any person to wear or display in any manner any insignia, sign, or device purported to be for a volunteer except when the insignia has been duly issued by the office of the Mayor and is displayed in accordance with regulations established by the City Manager. --7-- O04!.O It shall be unlawful for any person to give or cause to be given a false alarm of attack. Tampering with or damaging warning systems or equipment by any means whatsoever shall be considered a violation of this ordi- nance. Any violation of Sections 4-7 shall be punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days, or both, upon conviction thereof, and each offense shall be deemed to be a separate violation and punishable as a separate offense. SECTION 12. INTERPRETATIqN It is the policy of the City to avoid infringing on any constitu- tional right of any person. Each ordinance of the City shall be interpreted in accordance with the principles set out in this ordinance. If a section is capable of more than one interpreta- tion, the interpretation which raises the least question of in- fringing on any right guaranteed by the United States Constitu- tion or the Constitution of the State of Texas shall be deemed to be the intended construction. If the application of an ordinance provision to a particular set of facts is capable of more than one interpretation, the interpretation shall be made in accord- ance with the principles set out in this section. II. This ordinance is and shall be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this llth day of April, 1985. ATTESTs