HomeMy WebLinkAbout025465 ORD - 09/09/2003AN ORDINANCE
AMENDING THE COOE OF ORDINANCES, CITY OF CORPUS
CHRISTI, BY REDESlGNATING CHAPTER 15, EMERGENCY
MANAGEMENT, AS CHAPTER 16, EMERGENCY MANAGEMENT,
AND RENUMBERING THE SECTIONS; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CIT~Y COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 15, Emelgency Management, of the Code of Ordinances is
redesignated as Chapter 16, Erlnergency Management, and sections 15-1 to 15-25 are
renumbered as 16-1 to 16-25, ~spectively.
"CHAPTER ~5 16 EMERGENCY
MANAGEMENT
"Art. I. Disaster Response, §{ ~.~ 16-1 ~.5 1._~8-20
"Art. II. Emergency Response, §§ ~.~ 16-21 ~ 16-25
"ARTICLE I. DISASTER RESPONSE
"Sec. 15 16-'1. Designation a~d duties of the Emergency Management Director,
Deputy Emergency Managen~ent Director, and Emergency Management
Coordinator.
"(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 tern 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.
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"(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 encour~aged to seek advice from other local governments,
business, labor, industry, agricLJlture, civic organizations, volunteer organizations, and
community leaders in the devel~bpment and review of the emergency management
program, under the Act. The m~yor 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 a~greements, as required by applicable Federal and State
laws.
"(g) The city manager supervises the office of emergency management, either directly
or by delegation.
i
"(h) The position of emergency~anagement 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.
"(i) The city manager shall enst
management responsibilities
or State authorities required to
"Sec. ~.E 16-2. Powers and d[
re that any official or employee with emergency
,tains any training and certifications required by Federal
)erform the specific responsibilities assigned.
ties of the Office of Emergency Management.
"The Office of Emergency Man~
"(1) Develops and maint
consistent with Section
establish the disaster se
organizational compone
responsibility to various
the provisions of this
igement:
~ins an emergency management plan for the City,
18.106 of the Texas Government Code. The plan should
¥ices organization; describe functions of the various
~ts, describe procedures to be followed, and assign
fivisions, officials, and employees in order to carry out
3ter and any requirements in Federal or State laws.
"(2) Maintains necessan~ liaison and coordinate cooperative activities with other
municipal, county, distric~t, regional, State, Federal and other civil defense and
disaster relief organizati~)ns.
"(3) Drafts and recommends for adoption by the City Council mutual aid plans
and agreements deeme~J 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
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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 coptributions and assistance.
"(5) Continuously studie~emergency management and disaster relief problems,
recommends any neede{J amendments and improvement of the emergency
management plan, and I~eeps 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 directslall 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.
"(9) Negotiates and auth~)rizes agreements, subject to the approval of the city
council, when required, ~r the use of public and private property for public
refuge, shelter, or other I~ecessary 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. ~.5 1~6-3. Declaration of disaster.
"(a) When the city manager bellieves 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 manmade cause, including
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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 stal
renewed for a period in excess
"(d) The city council may termir
"(e) An action declaring, contim
given prompt and general publi
"(f) A declaration of local state (
aspects of the city's emergency
assistance under the declaratic
are activated as provided in the
"Sec. 15 16-4. Authority to is:
welfare.
e of disaster, declared by the mayor, be continued or
3f seven (7) days without the consent of the city council.
ate a local state of disaster at anytime.
~ing, or terminating a local state of disaster shall be
;ity and shall be filed promptly with the city secretary.
~f disaster activates the recovery and rehabilitation
management plan and authorizes furnishing of aid and
~. The preparedness and response aspects of the plan
plan.
Due orders in the interest of public safety and
"(a) After the declaration of a Io~:al state of disaster, the Presiding Officer may in the
interest of public health, safety, iand 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 threatenedi 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 effectSd 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.
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"(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.
"(10) Suspend or modif
electrician license, and
license, certificate, or ol
subdivision of any State
other skills, so that the p
emergency or disaster.
"(9) Suspend or modify t~e formal bidding requirements for purchase of goods
and services, as authorized by State law.
the requirements for an itinerant vendor's permit,
imilar regulations so as to give due consideration to the
er permit issued to a person by any State or any political
~videncing qualifications for professional, mechanical, or
.~rson may render aid involving the skill to meet the
"(11) Establish temporar~ emergency housing, for persons needing shelter,
notwithstanding any limit~ations in the zoning ordinance, or deed restrictions.
"(12) Establish tempora~ wage, price, and rent controls and other economic
stabilization methods.
"(13) Implement all or potions of the City's Emergency Management Plan.
"(b) The mayor may delegate tile authority to issue additional implementing orders,
which are necessary to carry oLlt 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 1~6-5. 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 seventy-two (72) hours before the landfall of the
storm.
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"(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 nec!essity 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 separ~e offense for each item sold or leased in violation of
subsection (b) of this section. E~ach item or group of items, which is listed or identified
separately on a cash register ta~)e or receipt, is considered to be a separate sale or
lease. Multiple items that are sqld in a sealed package is considered to be a single item.
"(d) It is a defense to prosecutic~n that the higher price is related to increased costs from
suppliers, increased transportalion costs for items brought into the city after the
declaration of disaster, or otherlverifiable conditions.
"(e) Before an arrest or issuanc~ of a citation under this section, the peace
officer
shall
provide the apparent violator aq opportunity to explain a justification for the price
increase other than taking adva~ntage of the disaster.
"Secs. 16 1_~6-6--15-10. ReserVed.
"Sec. 16 16-11. Inclusion within City's Emergency Management Plan.
"This article is incorporated int° and is made part of the City's Emergency Management
Plan.
"Sec. 16 16-12. Consistency With State and Federal laws.
"This article should not be construed so as to conflict with any State or Federal laws.
"Sec. 15 1_.~6-13. 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 organizaticm 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.
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"(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 viola
the authority of this chapter rel~
warned that a specific act or on
and upon conviction may be fin
"(c) Any person knowingly viola
plan after being warned that a ,,
guilty of a misdemeanor and uF
($1,000.00) and imprisonment I
ting a provision of this chapter or any order issued under
ting to fire safety, public health, or sanitation after being
dssion would be a violation is guilty of a misdemeanor
9d up to two thousand dollars ($2,000.00) per violation.
ling a provision of the City's emergency management
pecific act or omission would be a violation of the plan is
on conviction may be fined of up to one thousand dollars
or up to one hundred eighty (180) days per violation.
"(d) Any person violating any offner provision of this chapter or any order issued under
the authority of this chapter is gluilty of a misdemeanor and upon conviction may be
fined up to five hundred dollars !($500.00) per violation.
"(e) Any person violating section 15 16-5 is guilty of a misdemeanor and upon
conviction may be fined not les~ than two hundred dollars ($200.00) but not more than
five hundred dollars ($500.00) Per violation.
"Secs. 15 1~6-14--15-20. Reserved.
"ARTICLE II. EMERGENCY RESPONSE
"Sec. ~.5 1.~6-21. 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 acl or not to act in such a manner that the individual or
entity believes in good faith at the time will be appropriate to reasonably 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.
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"(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 i~s employees, agents, or officers, nor other unit of
government or government sub
held liable for the failure to use
"(e) It is the intent of the city co~
action in emergency situations I
and property by protecting suct'
agents, and officers from non-ir
statutory and constitutional law.
Jivision nor its employees, agents, or officers may be
~rdinary care in such emergency.
~ncil, by passing this ordinance, to assure effective
)y those entrusted with the responsibility of saving lives
governmental units from liability, and their employees,
tentional tort liability to the fullest extent permitted by
"(f) This section shall be liberall~ construed to carry out the intent of the city council.
"Sec. 16 1~6-22. Liability.
"This chapter is an exercise by
the public peace, health, and sl
employees, agents, representa
complying with, or attempting t(
under this chapter may not be
result of such activity.
lhe city of its governmental functions for the protection of
~fety, and the City of Corpus Christi; any of its officers,
ives; or any person, in good faith, carrying out,
, comply with any order, rule, or regulation promulgated
,eld liable for any damage sustained to persons as the
"Sec. 15 1~6-23. No liability fo
"(a) Notwithstanding the fact th~
city were not designed and con
present in a hurricane or other
suitable than the homes of our
shelters be made available to ti
privately owned buildings owne
refuges of last resort for residel
operation of shelters.
~t most public and privately owned buildings within the
structed to withstand the forces of nature that may be
~evere weather condition and may not be any more
-esidents, and because of the public's desires that public
~em, the city manager may provide shelter in public and
d, leased, or otherwise made available to the city as
its 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 goverhrnental function for the protection of the public peace,
health, and safety, and the Cit~ 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 ti) 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
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or premises, under such license, privilege, or other permission, or for loss of, or damage
to, the property of others.
"Sec. 15 1--6-24. 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 e~/acuate 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 regiqnal transportation authority and school districts to
evacuate residents of the city fr~m 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, ;~nd individuals without vehicles capable of making the
trip. The evacuation of resident.' ;, including the return of the residents from shelters
outside the city, is considered ) be an emergency governmental function for the
protection of the public peace, ~ealth, and safety, and the City of Corpus Christi; any of
its officers, employees, agents, representatives; or any person, in operating a vehicle
may not be held liable for any d 9ath, injury, or damage from any cause sustained to
persons who elected to be eva( uated in a vehicle operated by or for the city.
"(b) Any public entity owning, o@erating, 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 vel~icle for this purpose may not be held civilly liable for the
death of or injury to any person ior property damage resulting from the operation of the
vehicle while transporting individuals to and from the city as part of an evacuation
program organized by the city r~anager. Any officer, employee, agent, and
representative of a public entitylwho is involved in the evacuation effort on behalf of the
entity and the city may not be h{91d civilly liable for the death or injury to any person or
damage to any property as the J-esult of the operation of a vehicle during an evacuation
program.
"Sec. 15 16-25. Designation c~f certain authorized emergency vehicles.
"The following vehicles are des!gnated 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.
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"(6) Buses and other vetlicles 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. If for any reason ar~y section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance si]all 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, wold, or provision of this ordinance, for it is the definite
intent of this City Council that e~very section, paragraph, subdivision, clause, phrase,
word or provision of this ordinar~ce be given full force and effect for its purpose.
SECTION. A violation of this c~rdinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 16-13 of the City Code of
Ordinances.
SECTION. Publication shall b~ made in the official publication of the City of Corpus
Christi as required by the City (~harter of the City of Corpus Christi.
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That the foregoing or~i~.~n~ce was read fg, r the first time and passed to its second
reading on this the r~ day of ./_~ ~ ~L , 2003, by the following vote:
Samuel L. Neal, Jr. (~L~ ~ Rex A. Kinnison
Brent Chesney _f'~C~ ~' John Longoria
Javier D. Colmenero ~ ~ Jesse Noyola
Henry Garrett ~ ~' Mark Scott
That t~e~ foregoing orCinanFe was read for the second time and passed finally on this
2003 by following vote:
Samuel L. Neal, Jr. /~,q~ Rex A. Kinnison
Brent Chesney ~ ~ John Longoria
Javier D. Colmenero (~' ~,~ Jesse Noyola
Henry Garrett (").,(~,~ Mark Scott ~ ~,~
PASSED AND APPROVED, this the q-~'~;ayof A~(~'~' , 2003.
ATTEST:
Armando~ ~~1~1, ~r~'~
City Secretary Mayor
APPROVED: 21 st day of August, 2003:
R. J~'y I~,eining
Acting City Attorney
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.'~i~~ ~ ~ f
· _l:~'tate o Texas
~°X;County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 4669795
PO #
Before me, the undersignedi a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Ch~sti 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 Patrlcio, Victoria and Webb Counties, and that the
publication of, NOTICE OF ~ASSAGE 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-Tim ~.s Interactive on the 15TH day(s) of SEPTEMBER,
2003.
$68.75
TWO {2 ) Time(s}
Credit Manager
Subscribed and sworn to me on the date of
SEPTEMBER 16, 2003.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Caller-Times, ~tember 15, 2003,
NOTICE OF PASSAGE
OF ORDINANCE
Code of
)tar
Emergency
Management, as
Chapter 16,
E.m · ~'O'..~n c y
Management and
renumbering the
Ils o~dlnance was
)assed and approved
~, the ~ Council ~
~e C_~ty of cemu~
~d~tl ~ September
I~/Amlax~ Caapa