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Home My WebLink AboutORD 2006-03 - Drought Disaster DeclarationOrdinance No. C9 00 to � V�s An Ordinance of the City Council of the City of Georgetown, Texas, Declaring a Disaster Resulting from the Threat of Wildfires Due to Drought and Other Weather Related Conditions; Adopting Emergency Regulations that Take Effect Immediately Upon Passage and Remain in Effect Until the State of Disaster is Terminated; Finding that an Emergency Exists Authorizing Approval of this Ordinance at One Reading; Providing a Severability Clause; and Providing Effective Dates. WHEREAS, the City of Georgetown has not had rainfall for an extended period and weather forecasters offer little promise of a change in the hot, dry conditions in the near future; and WHEREAS, these hot, dry conditions pose the threat of large, dangerous and fast - moving wildfires, and such fires have the potential of endangering lives and damaging property of a large scale; and WHEREAS, Chapter 418 of the Texas Government Code authorizes declaration of a state of disaster "if the threat of disaster is imminent;" and WHEREAS, the magnitude of the potential damage and the rapidity at which such a fire could escalate to major proportions constitute an imminent threat of disaster; and WHEREAS, on January 10, 2006, the County Judge of Williamson County declared a disaster for Williamson County resulting from the threat of wildfires due to drought and other weather related conditions for the purpose of implementing controls aimed at mitigating the hazard posed by wildfires during the current hot, dry weather; and WHEREAS, on January 17, 2006 the authorized representative of the City of Georgetown declared a disaster for the City of Georgetown, Texas resulting from the threat of wildfires due to drought and other weather related conditions for the purpose of implementing controls aimed at mitigating the hazard posed by wildfires during the current hot, dry weather; and WHEREAS, Section 418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period of excess of seven days without the consent of the governing body of the political subdivision; Ordinance No. clod(,° 03 Emergency Declaration of Disaster due to Wildfire Threat Page 1 of 4 WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of GEORGETOWN, TEXAS THAT: Section 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policy Statements of the Century Plan - Policy Plan Element: A. Policy Statement 7.0 — Citizens of Georgetown are well - protected from crime and disorder, natural disasters, and emergencies. B. Policy Statement 12.0 — The City provides for the safety of its citizens and supports the responsive delivery of coordinated services by the City and other public agencies. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The state of disaster proclaimed for the City of Georgetown, Texas on January 17, 2006 shall continue until terminated by order of the City Council. Section 3. The state of disaster requires that certain emergency measures be taken, and the following regulations shall take effect immediately upon passage of this Ordinance, and shall remain in effect until the state of disaster is terminated: A. Welding restrictions 1. Before starting any outdoor welding activities, persons shall request permission by contacting the Georgetown Fire Department at (512) 930- 3473. 2. Any vegetation or combustible materials shall be removed from the area before engaging in any outdoor welding. Grass or other vegetation which cannot be readily removed shall be thoroughly sprayed with water prior to any outdoor welding. The area shall be re- sprayed with water as needed so that it remains wet. Water and a fire extinguisher must be Ordinance No. 900(o -0 Emergency Declaration of Disaster due to Wildfire Threat Page 2 of 4 nearby, as well as an additional person to monitor the area for fire hazards. Be Outdoor fires prohibited The use of outdoor patio fireplaces, chimineas, open fire pits, warming fires, or outdoor non - enclosed cookers using wood or charcoal are all prohibited. Only gas grills (such as those using a propane tank) or fully- enclosed grills are permitted. Use of the cooking grills found at City parks or at Lake Georgetown parks are not permitted since these grills are not enclosed. C. Fireworks and outdoor burn ban Prohibitions on the use of fireworks and outdoor burning remain in place. By City of Georgetown ordinance, fireworks and outdoor burning are not allowed in Georgetown City Limits. Due to drought - related restrictions from the City of Georgetown and Williamson County, fireworks and outdoor burning are also prohibited in Williamson County ESD # 8 and in Williamson County, D. No Parking in Tall Dry Grass. There shall be no parking vehicles in tall dry grass. The catalytic converter on the underside of a vehicle is extremely hot and can readily start a grass fire. E. Penalties Citations will be issued for violations of these restrictions. Georgetown police and other local authorities are enforcing a "zero tolerance" policy for the rules. A person who knowingly or intentionally violates these rules commits a Class C misdemeanor, punishable by a fine of up to $500, in accordance with the Local Government Code, Section 4. Section 2.10 of the City Charter provides that the requirement for reading of an ordinance on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted by favorable vote of not less that a majority plus one of all Council members qualified and serving, and contains a statement of the emergency. The City Council hereby finds that the threat of fire as described in this Ordinance constitutes an Ordinance No. eAQQ ° 03 Emergency Declaration of Disaster due to Wildfire Threat Page 3 of 4 emergency and that it is necessary to pass this Ordinance as an emergency measure in order to preserve the public peace, health, safety or welfare. Section 5: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance shall be superceded by the terms of this Ordinance until the state of disaster is terminated by order of the City Council, Section 6. The meeting at which this Ordinance is adopted was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code, as amended. Passage of this Ordinance was approved by the favorable vote of at least a majority plus one of the City Council members. Section 7. The Mayor is authorized to sign this Ordinance and the City Secretary is hereby authorized to attest. Section 8. This Ordinance is passed as an emergency measure and shall become effective immediately upon adoption, and the penal provisions shall become effective immediately upon publication of this Ordinance. PASSED, APPROVED AND ADOPTED, this the 24t1i day of January, 2006 City Secretary as to form: Patricia E. Carls City Attorney Ordinance No. ° Q Emergency Declaration of Disaster due to Wildfire Threat Page 4 of 4 The City of Georgetown: F �[ By: GWY Nelon Mayor