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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 All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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"