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HomeMy WebLinkAbout024161 ORD - 08/22/2000 AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES BY REVISING CHAPTER 15, EMERGENCY MANAGEMENT, REGARDING POWERS, DUTIES AND RESPONSIBILITIES OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR THE DECLARATION OF A LOCAL STATE OF DISASTER, AND OTHER EMERGENCY ORDERS; PROVIDING FOR MAYORAL DESIGNATION OF CERTAIN EMERGENCY MANAGEMENT OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, under the Texas Disaster Act of 1975 ("Act"). Chapter 418 of the Texas Government Code, the Governor is expressly authorized to issue executive orders, proclamations, and regulations having the force and effect of law; and WHEREAS, Executive Order GWB 95-1 a expressly designated the Mayor of each municipal corporation as the Emergency Management Director for the political subdivision, to serve as the Governor's designated agent in administration and supervision of the Act, and to exercise the powers, on an appropriate local scale, granted the Governor therein; and WHEREAS, Section 7.2, Responsibilities of the Chief Executives, in Volume 37, Texas Administrative Code, designates the Mayor of each municipal corporation as the emergency management director for the Mayor's jurisdiction, and allows the Mayor to delegate authority, but not responsibility, to a subordinate emergency management coordinator, who will serve as the Mayor's chief of staff; and WHEREAS, under Article II, Section 6 (c), City Charter of Corpus Christi. the Mayor is authorized to exercise such other powers, prerogatives, and authority as conferred on him or her by State law; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 15 of the Code of Ordinances is revised to read as follows: "Chapter 15 "Emergency Management "ARTICLE I -DISASTER RESPONSE "SEC.15-1. Designation and duties of the Emergency Management Director, Deputy Emergency Management Director, and Emergency Management Coordinator. R62904AA C~J.l61 2 "(a) As presiding officer of the governing body of the City, directly charged with certain duties or granted certain powers by the Texas Disaster Act of 1975 ("Act"), and as ordered by the Governor of Texas under authority of the Act, the Mayor is designated as the Emergency Management Director for the City of Corpus Christi. "(b) The line of succession to the Mayor, as presiding officer, for the purpose of declaring a local state of disaster shall be as follows: "(1) In the absence of the Mayor, the Mayor Pro Tem shall act as the presiding officer. "(2) In the absence of the Mayor Pro Tem, a City Council member shall act as the presiding officer if elected by the other members of the City Council in accordance with the City Charter. "(3) In the absence of a City Council member elected to act as presiding officer, the City Manager shall act as the presiding officer. "(4) In the absence of the City Manager, an employee previously designated by the City Manager may act as the presiding officer. "(c) The City Manager is designated as the Deputy Emergency Management Director, and the Mayor delegates to the City Manager the authority needed to carry out the City's comprehensive emergency management program and the provisions of this chapter. "(d) The City Manager is responsible for a program of comprehensive emergency management within the City, "(e) The City Manager is encouraged to seek advice from other local governments, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders in the development and review of the emergency management program, under the Act. The Mayor may establish an advisory group for that purpose. "(f) The Mayor and City Manager shall certify the City's emergency management plan and any mutual aid plans and agreements. as required by applicable Federal and State laws. "(g) The City Manager supervises the Office of Emergency Management, either directly or by delegation. "(h) The position of Emergency Management Coordinator shall be established in the City's Compensation and Classification ordinance. The Emergency Management Coordinator appointed by the City Manager shall, under the direction of the City Manager, carry out the City's comprehensive emergency management program and the provisions of this chapter. R62904AA 3 "(i) The City Manager shall ensure that any official or employee with emergency management responsibilities obtains any training and certifications required by Federal or State authorities required to perform the specific responsibilities assigned. "SEC. 15-2. Powers and duties of the Office of Emergency Management. "The Office of Emergency Management: "(1) Develops and maintains an emergency management plan for the City, consistent with Section 418.106 of the Texas Government Code. The plan should establish the disaster services organization; describe functions of the various organizational components, describe procedures to be followed, and assign responsibility to various divisions, officials, and employees in order to carry out the provisions of this chapter and any requirements in Federal or State laws. "(2) Maintains necessary liaison and coordinate cooperative activities with other municipal, county, district, regional, State, Federal and other civil defense and disaster relief organizations. "(3) Drafts and recommends for adoption by the City Council mutual aid plans and agreements deemed essential or desirable for the implementation of the City's emergency management plan and coordination of combined area disaster services efforts, including the formation of a county or other joint disaster services Council and emergency management plan and the appointment of a disaster coordinator for such joint effort. "(4) Surveys the availability of existing and potential personnel, equipment, supplies, services, and facilities for use during an emergency, and procures and disposes of all necessary equipment, supplies, and facilities, including acceptance of private contributions and assistance. "(5) Continuously studies emergency management and disaster relief problems, recommends any needed amendments and improvement of the emergency management plan, and keeps current with all Federal and State regulatory and informational requirements. "(6) Implements the current emergency management plan and mutual aid plans and agreements. "(7) Controls and directs all actual operations and training activities in emergency management and disaster relief. "(8) Determines questions of authority and responsibility in connection with emergency management and disaster relief. R62904AA 4 "(9) Negotiates and authorizes agreements, subject to the approval of the City Council, when required, for the use of public and private property for public refuge, shelter, or other necessary purposes during the course of an emergency. "(10) Acts as a clearinghouse on emergency management information for all governmental and private agencies cooperating in the emergency management plan. "(11) Maintains contact with the Division of Emergency Management of the Office of the Governor, providing prompt and efficient response to all requests and suggestions of the Division and other agencies and departments of Federal. State, and county governments in connection with emergency management and disaster relief. "(12) Marshals, upon the declaration of a disaster, all necessary personnel, equipment, and supplies from any department of the City and from private contributors to aid in implementation of the emergency management plan. "SEC. 15-3. Declaration of disaster. "(a) When the City Manager believes a state of disaster exists, the City Manager shall inform the Mayor and request the Mayor to declare a local state of disaster under the provisions of the Act. "(b) A disaster is an 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, wind, storm, wave action, oil spill, other water contamination, hazardous material release, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, terrorist activity, civil disturbance, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency. "(c) In no event may a local state of disaster, declared by the Mayor, be continued or renewed for a period in excess of seven days without the consent of the City Council. "(d) The City Council may terminate a local state of disaster at anytime. "(e) An action 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. "(f) A declaration of local state of disaster activates the recovery and rehabilitation aspects of the City's emergency management plan and authorizes furnishing of aid and assistance under the declaration. The preparedness and response aspects of the plan are activated as provided in the plan. R62904AA 5 "SEC. 15-4. Authority to issue orders in the interest of public safety and welfare. "(a) After the declaration of a local state of disaster, the Presiding Officer may in the interest of public health, safety, and welfare, subject to confirmation or revocation by the City Council, issue proclamations, orders. or regulations, which shall have the force and effect of law, to: "(1) Evacuate all or part of the population of an area of the City that has been stricken or is threatened. if necessary for the preservation of life or other disaster mitigation, response, or recovery effort. "(2) Prescribe routes, modes of transportation, and destinations in connection with an evacuation. "(3) Control ingress and egress to and from a disaster area and any areas that may be adversely effected by riot, unlawful assembly, threat of violence, or an imminent natural or man-made disaster, and may control the movement of persons and the occupancy of premises in those areas. "(4) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles, including fuel for vehicles. "(5) Establish general or limited curfews and blockades, regulating or prohibiting any person from being. remaining, loitering, or congregating on any street, alley, park, public property, or any other place that may be specified. "(6) Suspend or limit the use of utilities. "(7) Implement other security measures necessary to protect life and secure property. "(8) Protect life and property by such means as are imminently necessary and authorized under law. "(9) Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by State law. "(10) Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any State or any political subdivision of any State evidencing qualifications for professional, mechanical. or other skills, so that the person may render aid involving the skill to meet the emergency or disaster. "(11) Establish temporary emergency housing, for persons needing shelter, notwithstanding any limitations in the zoning ordinance, or deed restrictions, R62904AA 6 "(12) Establish temporary wage, price, and rent controls and other economic stabilization methods. "(13) Implement all or portions of the City's Emergency Management Plan. "(b) The Mayor may delegate the authority to issue additional implementing orders, which are necessary to carry out the Mayor's orders and to protect the public health and welfare, to the City Manager or another official designated by the City Manager. "(c) The City Council may continue, renew, enact. or terminate any of the measures enumerated in subsection (b) of this section. "SEC. 15-5. Price Gouging Prohibited. "(a) For the purposes of this section: "(1) 'Necessity' means fuel; food; medicine; construction materials, including plywood, boards, shingles, and fasteners; tarps; tents; ice; water; batteries; generators; housing; and other property necessary for members of the public to prepare for, survive, or recover from a disaster. "(2) 'Disaster' means a disaster specified in a declaration of disaster issued by the Governor, Mayor, or City Council. "(3) 'Exorbitant or excessive price' means a price for any item charged during a period when a declaration of disaster is in effect that is in excess of the price for the same item that was in effect prior to the declaration of disaster, or in the case of a hurricane the price in effect 72 hours before the landfall of the storm. "(b) A person commits an offense, if the person intentionally, knowingly, or recklessly with criminal negligence, in order to take advantage of a disaster: "(1) Sells or leases a necessity at an exorbitant or excessive price, "(2) Demands an exorbitant or excessive price in connection with the sale or lease of a necessity. "(c) A person commits a separate offense for each item sold or leased in violation of subsection (b) of this section. Each item or group of items, which is listed or identified separately on a cash register tape or receipt, is considered to be a separate sale or lease, Multiple items that are sold in a sealed package is considered to be a single item. "(d) It is a defense to prosecution that the higher price is related to increased costs from suppliers, increased transportation costs for items brought into the City after the declaration of disaster, or other verifiable conditions. R62904AA 7 "(e) Before an arrest or issuance of a citation under this section, the peace officer shall provide the apparent violator an opportunity to explain a justification for the price increase other than taking advantage of the disaster. "SECS. 15-6 -15-10. Reserved "SEC. 15-11. Inclusion within City's Emergency Management Plan. "This article is incorporated into and is made part of the City's Emergency Management Plan. "SEC. 15-12. Consistency with State and Federal laws. "This article should not be construed so as to conflict with any State or Federal laws. "SEC. 15-13. Offenses and penalties. "(a) No person may: "(1) Violate the terms of this or any other ordinance adopted to carry out the City's emergency management functions or order issued under the authority of this chapter. "(2) Violate any provision of the City's emergency management plan. "(3) Willfully obstruct, hinder, or delay any member of the City's emergency management organization in the enforcement of any order issued under the authority of this chapter. "(4) Operate a siren or other device so as to simulate a warning signal or terminate an official warning signal, unless authorized. "(5) Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of the City of Corpus Christi's emergency management organization, unless the individual has been designated as a member of the organization by the Office of Emergency Management. "(6) Wear, carry, or display any emblem, insignia, or any other means of identification that identifies the individual as a member of an organization participating in the official response to the local state of disaster, unless the individual has been designated as a member of that organization by an appropriate official of that organization. "(b) Any person knowingly violating a provision of this chapter or any order issued under the authority of this chapter relating to fire safety, public health, or sanitation after being warned that a specific act or omission would be a violation is guilty of a misdemeanor and upon conviction may be fined up to $2,000 per violation. R62904AA 8 "(c) Any person knowingly violating a provision of the City's emergency management plan after being warned that a specific act or omission would be a violation of the plan is guilty of a misdemeanor and upon conviction may be fined of up to $1,000 and imprisonment for up to 180 days per violation. "(d) Any person violating any other provision of this chapter or any order issued under the authority of this chapter is guilty of a misdemeanor and upon conviction may be fined up to $500 per violation. "(e) Any person violating Section 15-5 is guilty of a misdemeanor and upon conviction may be fined not less than $200 but not more than $500 per violation. "SECS. 15-14 -15-20. Reserved "ARTICLE II - EMERGENCY RESPONSE "Sec. 15-21. Standard of care for emergency action. "(a) Every officer, agent, or employee of the City and every officer, agent, or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of local emergency or local disaster has been declared or proclaimed by a unit of government or political subdivision, is authorized to act or not to act in such a manner that the individual or entity believes in oood faith at the time will be appropriate to reasonablv and effectively deal with the emergency. "(b) An action or inaction is "reasonable and effective" if it in any way contributes or could be reasonably be thought to contribute to preserving any lives or property regardless of the actual outcome. "(c) This section shall prevail over every other ordinance of the City and, to the extent to which the City has the authority to so authorize. over any other law establishing a standard of care in conflict with this section. "(d) Neither the City nor any of its employees, agents, or officers, nor other unit of government or government subdivision nor its employees, agents, or officers may be held liable for the failure to use ordinary care in such emergency. "(e) It is the intent of the City Council, by passing this ordinance, to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. "(f) This section shall be liberally construed to carry out the intent of the City Council." R62904AA 9 "SEC. 15-22. Liability. "This chapter is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety, and the City of Corpus Christi; any of its officers, employees, agents, representatives; or any person, in good faith. carrying out, complying with, or attempting to comply with any order, rule, or regulation promulgated under this ordinance may not be held liable for any damage sustained to persons as the result of such activity. "SEC. 15-23. No Liability for Operation of Shelters. "(a) Notwithstanding the fact that most public and privately owned buildings within the City were not designed and constructed to withstand the forces of nature that may be present in a hurricane or other severe weather condition and may not be any more suitable than the homes of our residents, and because of the public's desires that public shelters be made available to them, the City Manager may provide shelter in public and privately owned buildings owned, leased, or otherwise made available to the City as refuges of last resort for residents and visitors to the City in anticipation of or following the land fall of a hurricane or the occurrence of severe weather within the City. The operation of shelters is a governmental function for the protection of the public peace, health, and safety, and the City of Corpus Christi; any of its officers, employees, agents, representatives; or any person, in operating a shelter may not be held liable for any death, injury, or damage from any cause sustained to persons who elected to use a shelter operated by the City. "(b) Any person owning or controlling real estate or other premises, who voluntarily and without compensation, grants to the City of Corpus Christi a license or privilege, or otherwise permits the City to inspect, designate. and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice emergency, together with successors in interest, if any, may not be held 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 others. "SEC. 15-24. No Liability for Operation of Vehicles Used to Evacuate Residents. "(a) Because of the need to transport individuals who may not be able to make independent arrangements to evacuate the City prior to the time a hurricane is predicted to strike the City, the City Manager may arrange to use buses and other vehicles made available to the City by the Regional Transportation Authority and school districts to evacuate residents of the City from the City to prearranged shelters in communities outside the threatened area. In arranging for transportation the City Manager shall give priority to the elderly. infirmed, and individuals without vehicles capable of making the trip. The evacuation of residents, including the return of the residents from shelters outside the City, is consider to be an emergency governmental function for the protection of the public peace, health, and safety, and the City of Corpus Christi; any of its officers, employees, agents, representatives; or any person, in operating a vehicle R62904AA 10 may not be held liable for any death, injury, or damage from any cause sustained to persons who elected to be evacuated in a vehicle operated by or for the City. "(b) Any public entity owning, operating, or controlling any vehicle used to evacuate residents from the City, who voluntarily and without compensation, grants to the City of Corpus Christi the use of its vehicle for this purpose may not be held civilly liable for the death of or injury to any person or property damage resulting from the operation of the yehicle while transporting individuals to and from the City as part of an evacuation program organized by the City Manager. Any officer, employee, agent, and representative of a public entity who is involved in the evacuation effort on behalf of the entity and the City may not be held civilly liable for the death or injury to any person or damage to any property as the result of the operation of a vehicle during an evacuation program. "SEC. 15-25. Designation of certain authorized emergency vehicles. "The following vehicles are designated authorized emergency vehicles for the purposes set forth, regardless of whether a disaster exists: "(1) Director of Public Health vehicle while responding to a medical emergency. "(2) Gas division emergency unit vehicles while responding to a gas emergency, which may threaten life or property. "(3) Director of safety and risk management vehicle while responding to an emergency call or emergency situation. "(4) Superintendent of the marina vehicle, marina division patrol vehicles and crafts while responding to an emergency call or emergency situation. "(5) Office of Emergency Management vehicle while responding to an emergency call or emergency situation. "(6) Buses and other yehicles owned and operated by the City, Regional Transportation Authority. school districts, and other public entities while being used in an emergency evacuation program directed by the City Manager, including while returning residents to the City from shelters." SECTION 2. By his signature on this ordinance, under the authority of the Act, Executive Order GWB 95-1a, and 37 Texas Administrative Code S7.2, the Mayor appoints the City Manager as the Deputy Emergency Management Director and the city employee currently holding the position of Assistant Emergency Management Coordinator as the Emergency Management Coordinator, and delegates the authority necessary to carry out their duties. These appointments and delegation authority vest in the positions of City Manager and Emergency Management Coordinator, not the individual currently holding the positions, and shall remain effective until specifically withdrawn by the City's Mayor. R62904AA 11 SECTION 3. A violation of this ordinance shall be punished as specified in Section 1 of this ordinance. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase. word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause. phrase. word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R62904AA 12 That the foregoing ordin~ was rea for he first time and passed to its second reading on this the 'J. d yof , 2000, by the following vote: -4tff:- Dr. Arnold Gonzales ~ That ~f,Q~gOing ortta~ad for the second time and passed finally on this the I ~'aY of L / . 2000 by the following vote: Samuel L. Neal, Jr. :lL Rex A. Kinnison Dr. Arnold Gonzales 11. lleu PASSED AND APPROVED, this the k day of A~ Armando Chapa City Secretary Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Javier D. Colmenero Melody Cooper Henry Garrett ~< ~~ APPROVED: 6th day of June, 2000: James R. Bray, Jr. :~~ Att~ /!? R. ay eining First Assistant City Attorney R62904AA Rex A. Kinnison Betty Jean Longoria John Longoria ~ ~ Mark Scott Betty Jean Longoria John Longoria Mark Scott av.~ ,2000. ?5-d~ ~ ~ Samuel L. Neal, Jr. Mayor, The City of Corpus C?4lfH PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3557559 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO, which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 28TH day(s) of ntf'rf) ^ 10 ~ 0 ;J,Ji t ~ I ,A us! 28, 2000 """',, IoIOTICll OF PASSAGe TWO (2) :'1~ANCl' NO. Amending the City of 'Corp... ChfioII, cooo of oro-.- by reviling ~pter 15. Emergency , Marlagement,. regarding "'67 54 'power., dUties. and p. r..ponsibiliU.. ~f the Office of Emergency Management;proVtding for tho declarotlon of . ",\ toeal State of disaster, and other emergency orders; providing' for MeyOI8I designatIOn of certain' em'ergency management officials. ~-~ providing for penalties. This ordinance was passed and approved by the City Cooncil .f the City 01 Coi'p1Jll Christl on , , August 22. 2000. , 101 Annolldo ChIps , , CIty -IY en t-r4 go t'~ Customer Service Manager Subscribed and sworn to me on the date of AUGUST 29, 2000, Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.