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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. R30330C1 .doc 2 "(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 R30330C1.doc 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 R30330Cl.doc 4 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. R30330Cl,doc "(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. R30330C1.doc "(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. R30330C1.doc "(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. R30330Cl.doc "(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 R30330C1.doc 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. R30330C1.doc l0 "(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. R30330Cl.doc 11 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 R30330Cl.doc .'~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