HomeMy WebLinkAboutORD 2017-09 - Emergency ManagementORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING CHAPTER 2.76 OF THE CODE OF
ORDINANCES RELATING TO EMERGENCY MANAGMENT OF THE
CITY OF GEORGETOWN; PROVIDING A SEVERABILITY CLAUSE;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown desires to update its ordinance
relating to Emergency Management to better reflect the current Office of Emergency Management
and Homeland Security; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. 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
Section 3. Chapter 2.76,"Emergency Management" is hereby amended as shown on attached
Exhibit "A."
Section 6. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 7. All ordinances that are in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become accordance with the provisions of the Charter of the City of
Georgetown.
Ordinance Number: a C) 7— 09 Page 1 of 2
Description: Emergency Management
Date Approved: QL 2017 Exhibit "A" Attached
100009165 / CMCNABB / FIRE/ Ill/ 1/13/20171
PASSED AND APPROVED on First Reading on the ad day ofTD-41u ClP , 2017.
PASSED AND APPROVED on Second Reading on the day of
2017.
ATTEST: THE CITY OF GEORGETOWN
S
Shelley Nowl' , City Secretary
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Ordinance Number: D F1— �9
Description: Emergency Mana$em nt
Date Approved: o� 11' 2017
{00009165 / CMCNABB / FIRE / 111 / 1/13/2017}
By:
(7 LQ2,W
Dale Ross, Mayor
Page 2 of 2
Exhibit "A" Attached
1*A111.31 9741 W
Chapter 2.76 - EMERGENCY MANAGEMENT
Sec. 2.76.000. - Office of Emergency Management and Homeland Security Organization.
The Office of Emergency Management Director of the City of Georgetown is hereby
replaced by the Georgetown Office of Emergency Management and Homeland Security:
Office of Emergency Management and Homeland Security (OEM). The broad purpose
of the OEM is to carry out the basic government functions of maintaining the public peace,
health and safety before, during and after a disaster. This shall include the making of plans and
preparations for protection from, and relief, recovery and rehabilitation from, the effects of an
attack on the City by the forces of an enemy nation or the agents thereof, and it shall also include
such activity in connection with disaster as defined herein.
(1) As presiding officer of the governing body of the City of Georgetown, directly
charged with certain duties or granted certain powers by the Texas Disaster Act of
1975, 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
Georgetown.
(2) If so authorized by the City Manager, the Fire Chief shall have the
responsibility of selecting an employee to recommend as the Emergency
Management Coordinator (EMC) for appointment by the Emergency
Management Director. As provided under the Texas Disaster Act, the
Emergency Management Director or designee must notify the Governor's
Division of Emergency Management and shall identify the EMC.
(3) The operational emergency management organization of the City shall consist
of the officers and management of the City so designated in the emergency
management basic plan as provided herein, as well as emergency management
organized volunteer groups. The functions and duties of this organization shall
be distributed among department directors and management officials in
accordance with the terms of the emergency management basic plan.
(Prior code § 8-3)
Sec. 2.76.010. - Powers and Duties of the Office of Emergency Management and Homeland
Security, EMC and Fire Chief
If so designated by the City Manager, the EMC, under the administration of the Fire
Chief, supervises the Office of Emergency Management and Homeland Security, either directly
Ordinance Number: ao n — 0 I
Description: Emergency Mana em nt
Date Approved: a114 2017
{00009165 / CMCNABB / FIRE / I11 / 1/13/2017}
Pagel
Exhibit "A"
or by delegation. The powers and duties of the Office of Emergency Management and Homeland
Security are as follows:
(1) Developing and maintaining an emergency management plan for the City of
Georgetown in accordance with established state and federal guidelines. Such
emergency management plan and any changes shall become effective upon
approval of the Emergency Management Director and City Council. The plan
shall set forth the form of the organization, establish and designate divisions and
functions, assign responsibilities, tasks, duties, and powers, and designate officers
and employees to cavy out its provisions. The emergency management plan shall
be considered supplementary to this chapter and have the effect of law during the
time of a disaster.
(2) Maintaining necessary liaisons and coordinate cooperative activities with other
municipal, county, district, regional, state, federal and other civil defense and
disaster relief organizations.
(3) Recommending for adoption mutual aid plans and agreements, subject to the
approval of the City Manager and City Council, deemed essential or desirable for
the implementation of the city's emergency management plan and coordination of
combined area disaster services efforts, including the use of private property for
public shelter or other necessary purposes during the course of an emergency.
(4) Surveying the availability of existing and potential personnel, equipment,
supplies, services and facilities for use during an emergency, and procure and
dispose of all necessary equipment, supplies, and facilities, including acceptance
of private contributions and assistance.
(5) Continuing the study of emergency management and disaster relief problems.
Recommend any needed amendments and improvement of the emergency
management plan, keeping current with all federal and state regulatory and
informational requirements.
(6) Responding to dangers to the City of Georgetown and citizens presented by
disasters and major emergencies;
(7) Directing all actual operations and training activities in emergency management
and disaster relief.
(8) Making a determination of all questions of authority and responsibility in
connection with emergency management and disaster relief.
(9) Acting as a clearing house on emergency management information for all
governmental and private agencies cooperating in the emergency management
plan.
Ordinance Number: r7 011 ` 09
Description: Emergency Mal age ent
Date Approved: �i l 2017
(00009165 / CMCNABB / FIRE / 111 / 1/13/20171
Page 2
Exhibit "A"
(10) Maintaining contact with the Texas Division of Emergency Management,
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.
(11) Marshaling, upon the declaration of an emergency, all necessary personnel,
equipment, and supplies from any department of the City of Georgetown and
from private contributors to aid in implementation of the emergency management
plan.
(Prior code § 8-2)
Sec. 2.76.020. - Declaration of Disaster.
When in the judgement of the Fire Chief or Emergency Management Coordinator
(EMC), a state of disaster exists, the EMC shall inform Emergency Management Director
(EMD) and City Manager, and request the EMD to declare a local state of disaster under the
provisions of the Texas Disaster Act.
(1) A disaster is an occurrence or imminent threat of the occurrence of widespread or
severe damage, injury, or loss of life or property resulting from any natural or
manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm,
or other water contamination, volcanic activity, epidemic air contamination,
blight, drought, infestation, aircraft accident, hazardous chemical release,
explosion, riot, hostile military or paramilitary action, acts of terrorism, energy
emergency, or other public calamity requiring emergency action.
(2) Any such local state of disaster declared by the EMD continues in force until
such time as the City Council has been able to meet and consider the existing
situation. The council determines the extent of disaster and may either ratify the
declaration, if still in effect at the time of meeting, extend or renew the
declaration, if it has expired and is warranted by the situation, or declare the
state of disaster to be ended. In no event may a local state of disaster, declared
by the EMD, continue in effect for a period in excess of seven (7) days without
the consent of the City Council.
Sec. 2.76.030. - State Declaration of Disaster and Federal Aid.
(1) The Emergency Management Director may request the Governor of Texas to
proclaim that a state of emergency exists for the city.
(2) Any proclamation declaring, continuing, or terminating a local state of disaster
shall be filed promptly with the City Secretary.
Ordinance Number: ao I-) -b9
Description: Emergency Manager en
Date Approved: 1 2017
100009165 / CMCNABB / FIRE / 111 / 1/13/2017}
Page 3
Exhibit "A"
(3) A declaration of local disaster activates the recovery and rehabilitation aspects
of the City of Georgetown emergency management basic plan and authorizes
the furnishing of aid and assistance under the declaration. The preparedness
and response aspects of the emergency management plan and its annexes are
activated as provided in the emergency management basic plan.
Sec. 2.76.040. - Other Powers and Duties.
After the declaration of a local state of disaster the EMD, consistent with State and
Federal law:
(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 the movement of
persons and the occupancy of premises in the area.
(4) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
firearms, explosives, or combustibles.
(5) Establish curfews and blockades.
(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 state 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) Other requirements as specified in the Texas Disaster Act, V.T.C.A, Texas
Government Code, ch. 418.
Ordinance Number: o O I Page 4
Description: Emergency Manag me t
Date Approved: A 2017 Exhibit "A"
{00009165 / CMCNABB / FIRE/ 111 /1/13/2017)
(Prior code § 8-4)
Sec. 2.76.050 - Emergency Management Volunteers
The EMC may recommend that the City Manager organize emergency management
volunteer units and prescribe qualifications for volunteers to staff the units. Volunteers may be
dismissed by the EMC at any time, shall receive no salary, wage, or other compensation
whatsoever, shall not be entitled to any pension rights, local or state civil service rights, or other
rights and privileges of employees of the city, and shall not for any purpose be deemed
employees of the city. The EMC may cause members of the volunteer units to be given such
instruction and training as will ensure that each unit is well organized and coordinated to protect
life and property in the city in the event of a disaster. The EMC shall ensure that each volunteer
meets all qualifications required by state or federal law and takes the oaths required by state and
federal law, if any, before entering upon his/her duties.
Sec. 2.76.060 - Emergency Management Basic Plan and Annexes.
(1) A comprehensive emergency management basic plan shall be developed and
maintained in a current state of readiness at all times. The basic plan shall set
forth the form of the organization and its concept of operations; establish and
designate departments and functions; assign responsibilities, tasks, duties and
powers; and designate selected department managers and/or designee to cant'
out the provisions of this basic plan. As provided by state law, the plan shall
follow the standards and criteria established by the Division of Emergency
Management of the State of Texas. Insofar as possible, the form of
organization, titles and terminology shall conform to the recommendations of
the Texas Division of Emergency Management. After the basic plan is
approved by City Council, it shall be the duty of all departments and agencies
to perform the functions assigned by the basic plan and its annexes, and to
maintain their portion of the basic plan in a current state of readiness at all
times.
Sec. 2.76.070. - Authority to Expend Funds.
In carrying out any emergency management activity by contract, agreement or otherwise,
the EMC, shall not expend public funds of the City of Georgetown in excess of $5,000.00 for
such contract, agreement or other emergency management activity without prior approval from
the City Manager or City Council as provided by City policy.
(Ord. 880092.12 § 1: prior code § 8-10)
Sec. 2.76.080. - Offenses and Penalties:
No person may:
Ordinance Number: a01`7-D�
Description: Emergency Manage en
Date Approved: Q I 19 2017
(00009165 / CMCNABB / FIRE /111 / 1/13/2017)
Page 5
Exhibit "A"
(1) Violate the terms of this or any other chapter adopted to carry out the City of
Georgetown's emergency management functions or order issued under the
authority of this chapter.
(2) Willfully obstruct, hinder, or delay any member of the City of Georgetown's
Office of Emergency Management and Homeland Security in the enforcement
of any order issued under the authority of this chapter.
(3) Operate a siren or other device so as to simulate a warning.
(4) Wear, carry, or display any emblem, insignia, or any other means of
identification that identifies the individual as a member of the Georgetown
Office of Emergency Management and Homeland Security, unless the
individual has been designated as a member of the organization by a
Georgetown Office of Emergency Management and Homeland Security
Official.
(5) 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.
(Prior code § 8-11)
Sec. 2.76.090. - Standard of Care for Emergency Action.
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 emergency has been declared or
proclaimed by a unit of government or subdivision thereof, is authorized to act or not to act in
such a manner to effectively deal with the emergency. An action or inaction is "effective" if it in
any way contributes or can reasonably be thought to contribute to preserving any lives or
property. This section shall prevail over every other chapter 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.
Sec. 2.76.100. - Compliance with National Incident Management System.
The National Incident Management System dated March 1, 2004, is hereby. adopted as
the standard for incident management -and is effective as of September 8, 2005.
Ordinance Number: ao1-7—Ql
Description: Emergency Mana en ent
Date Approved: 2017
{00009165 / CMCNABB / FIRE / III / 1/13/2017}
Page 6
Exhibit "A"
Sec. 2.76.110. - Unauthorized Signals Violation.
Any unauthorized person who operates a siren or other device so as to simulate a warning
signal, or the termination of a warning, is deemed guilty of a violation of this chapter and is
subject to the penalties imposed by Section 1.08.010 of this code.
(Prior code § 8-6)
Sec. 2.76.120. — Definitions
Unless otherwise modified below, the following words and phrases have the same
meanings as they are defined in Chapter 418 of the Government Code.
(1) Emergency Management Director (EMD) is the presiding officer of the governing
body of an incorporated city or a county, who serves as the governor's designated
official in the administration under Chapter 418. An emergency management
director may exercise the powers granted to the governor under this chapter on an
appropriate local scale.
(2) Emergency Management Coordinator (EMC) means the individual responsible for
coordinating and administrating the Georgetown Office of Emergency
Management, as prescribed in this Ordinance.
(3) Emergency Operations Center means the physical location at which the
coordination of information and city resources is located to support local disaster
or emergency management activities. It is a specially equipped facility from
which city officials exercise direction and control and coordinate necessary
resources in a disaster or emergency situation.
(4) Incident means an emergency occurrence that is limited in scope and potential
effect on lives and property, and is typically handled by one or two city response
agencies acting under an incident commander. An incident may require limited
external assistance from other local response forces. The emergency operations
center is usually not activated during most incidents.
(5) Emergency means an occurrence or imminent threat of widespread or severe
damage, injury, or loss of life or property that is smaller in scope than a disaster
but is larger in scope and more severe in terms of actual or potential damaging
effects than an incident. Characteristics of an emergency include, but are not
limited to, the following:
(a) Involves a large area, significant population, or important facilities;
Ordinance Number: ;� O I-7— O t Page 7
Description: Emergency Manage ien
Date Approved: 2017 Exhibit "A"
{00009165 / CMCNABB / FIRE / 111 / 1/13/2017}
(b) May require implementation of large-scale evacuation or in-place
sheltering and implementation of temporary shelter and mass care
operations;
(c) May require community -wide warning and public instructions;
(d) Requires a sizable multi -agency response operating under an incident
commander;
(e) May require some external assistance from other local response agencies,
contractors, and limited assistance from state or federal agencies; and/or
(f) The emergency operations center may be activated to provide general
guidance and direction, coordinate external support, and provide resource
support.
(6) Local State of Emergency means a proclamation by the governor of a state of
emergency and designation of the area involved, upon application of the mayor or
city council during an emergency, pursuant to V.T.C.A., Government Code ch.
433, as amended.
(7) Disaster means the occurrence or imminent threat of widespread or severe
damage, injury, or loss of life or property resulting from any natural or manmade
cause, including fire, flood, earthquake, wind, stone, wave action, oil spill or
other water contamination, volcanic activity, epidemic, air contamination, blight,
drought, infestation, explosion, riot, hostile military or paramilitary action, other
public calamity requiring emergency action, or energy emergency, and may
warrant disaster assistance. The emergency operations center will be activated as
appropriate during and after a disaster.
(8) Local State of Disaster means an executive order or proclamation by the
emergency management director declaring a state of local disaster, upon a finding
by the emergency management director that a disaster has occurred or that the
occurrence or threat of occurrence of a disaster is imminent. The order or
proclamation must include:
(a) A description of the nature of the disaster;
(b) A designation of the area threatened; and
(c) A description of the conditions that have created the state of local disaster.
(9) Emergency Management Plan means the document adopted by the Office of
Emergency Management and Homeland Security to maintain continuity of
government, and in order to provide general guidance for emergency management
activities of the city.
Ordinance Number: ;i D 1-7— 09
Description: Emergency ManageHent
Date Approved: 2017
100009165 / CMCNABB / FIRE / Ill / 1/13/20171
Page 8
Exhibit "A"
(10) Emergency Management Volunteer includes persons and agencies offering
service to, and accepted by, the City who are trained and may participate in the
emergency activity.
Ordinance Number: ap — 01
Description: Emergency Mona emel t
Date Approved: L 2017
{00009165 / CMCNABB / FIRE / 111 / 1/13/20171
Page 9
Exhibit "A"