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Home My WebLink AboutORD 77-98ORDINANCE N0. D ENTITLED AN ORDINANCE AMENDING CHAPTER 9a OF THE CODE OF ORDINANCES OF THE.CITY OF BEAUMONT CREATING A MUNICIPAL CIVIL DEFENSE COUNCIL; PROVIDING THE POWERS OF THAT COUNCIL; CREATING THE OFFICE OF CIVIL DE- FENSE DIRECTOR; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF BEAUMONT; AUTH- ORIZING COOPERATIVE AND MUTUAL AID AGREE- MENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; PROHIBITING UN- AUTHORIZED WARNING AND ALIrCLEAR SIGNALS; REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR SEVERABILITY; PRESCRIBING A PENALTY AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY OF BEAUMONT: 0--4-4— , That Chapter 9a of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended to read as follows: 9a - Civil Defense 9a-1 - There is hereby created the Municipal Civil Defense Council of the City of Beaumont which shall consist of the following: (a) The City Manager of the City of Beaumont who shall serve as Chairman of the Municipal Civil Defense Council (b) The Civil Defense Director of the City of Beaumont, who shall be charged with the preparation of a.civil defense plan for the City of Beaumont,'with the approval of the City Manager, together.with other duties as the City Manager may prescribe. The Civil Defense Director shall be appointed by the City Manager. 0 4 % (c) Department heads and officers of the City of Beaumont, as shall be appointed by the City Manager. 9a-2 - The powers and duties of the Municipal Civil Defense Council shall include the reoom- mendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of such a civil.defense plan. The duties of such a civil defense council shall also include the making of a survey of the availability of existing Personnel; equipment; supplies and services which could be used during an emergency, as provided for herein, as well as, continuing study of the need of amendments and improvements in the civil de- fense plan adopted by the City Council. The Civil Defense Council of the City of Beaumont, shall meet upon the call of either the mayor or the chairman. 9a-3 - The City Manager, with the approval of the City Council, is hereby authorized to join with the County Judge of the County of Jefferson, and the Mayors and/or City Managers of the other cities in said county in the formation of a civil defense council for the County of Jefferson, and shall have -2- r the authority to cooperate in the formation of a civil defense plan for the County of Jefferson, and the appointment of a Civil Defense Director for the County of Jefferson, as well as all other powers necessary to participate in the county- wide program of civil defense and disaster relief insofar as said program may affect the City of Beaumont. 9a-4 - The City Manager shall have the authority to request the declaration of the existence of an emergency by the City Council or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without de- lay, the City Manager may, if the City Council is not in session, do so, but such action shall be subject to confirmation by the City Council at its next meeting. The duties and responsibilities of the City Manager, shall include the following: 1. The control and direction of the actual operation or training efforts of the civil defense and disaster relief organization of the City of Beaumont; 2. The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the City of Beaumont; 3. The maintenance of necessary liaison with other municipal, district, state, county, regional, federal, or other civil defense organizations; 4. The marshalling, after declaration of an emer- gency as provided for above, of all necessary per - sonnei, equipment or supplies from any department of the City of Beaumont to aid in the carrying out of the civil defense plan; -3- 1 5. The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan; 6. The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Beaumont. Such rules and regulations shall be filed in the office of the City Clerk,.and shall receive widespread publicity unless publicity will be of aid and com- fort to the enemy; 7. The supervision of the drafting and execution of mutual. aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county inwhich said city is located and with other municipalities within -the county, for the county -wide coordination. -of efforts in defense and disaster relief; 8. The supervision of and final authorization for the procurement. -:of all -necessary supplies and equip- ment, including acceptance of private contributions; 9. The authorizing of agreements, in coordination with the City Attorney, for the use of private property for air raid.shelters and other purposes. I 9a-5 - The operational civil defense disaster relief organization of the City of Beaumont, shall consist of the officers and employees of the City of Beaumont designated by the City Manager, as approved by the City Council, as well as, all volunteer- -4- .1) Z= OSZINn SHI 30 IHSH 3SAOJ SHS JO MOUHI SAO SHS SSIVWDQA -Cd ,TVRI SNOSURd 30 NOISKNISHOD 210 dnow 001WIN WO 2I0 AliMa WDII170d CNK 30 H,ZKI7IA1V INV HO 2iSRKHd V I WK ZION ' SIVDaWV ION OU I lVal (W aaV UO) SMSMS USH<ZUna OU I CNV 'dRLNa OZ IDDRK WK I HOIHM NOW SSIlDO SHI S92MBDSI0 XUUGJHIIVJ OEM TIIM TIIM I ,T WI OEM ' NOISUZ 30 SSOWOa 210 NOIZASSSU TtIIINZK INV InOWIM M'HUdd NOIZFZ0=0 SIHLZ SIMI I SQL QKMS SHL OZ SONMIOSTIK CNV HZIK3 S112LL IMMS TIIM I ,VIER, WZSa0a OEM NSISg03 ' SSIWZNa TIFi ISNIrd` V ' VXSS 30 SIMS SHL 30 NDII0111SNOO SHS OEM SSSFIZS OSZIN11 SHI 30 NOIlaIIISN00 SHS ONS3S0 OEM IdOddaS TIIM I Xv011n kaiaw US smamS ABIOS OQ ' 'III : smOTTo4 se ATTe?queqsgns ai TTogs WOW ,quo us axpq 'saT np ao Agnp WO buTwnssp oq aoTid. 'TTegs 'paaaaguoo uzaaaq Agzaoggne aqq oq guensand uOTT nT -osea Aq Pageaao uozgezTaebaO gazTag aagsusTG pus asua3 -DG TTATD TedTOWAW aqq uz Agzoedeo Aup uT aeaqunToA W WAOTdwa ' aabtg;o up se ao ' TTouno0 asuaNG TTSYD TedTOTUgK aqq go xagwaw a sp BUTAaas uosaad goaS - 9% •gueuvaeAO0 Tuaa -pa,3 agq JO Put SVX21 30 SZVIS SHL 30 aION[100 .3 FWS WIS6'SIO ONK SSNEW SSS agq Jo saozgppuaWWOWa eqq og uizoguoo TTegs ABOTOUTMaag pue s000 WOW -TUPWo 90 Waog agq 'aTgtssod sp aegosui •aoupuzpao sTgq 90 suozsThaW agq qno Azaeo oq seaAOTdura pup saaOTWO ageuMap pup 'saamod pue sOTgnp 'suoymnJ ub-rsse 'saotnaas pup suoiszAzp ageubzsOP pue gsTTgegsa ' uorgezzuebao 90 =09 aqq W09 Ws TTegs UOWTosaa Bans Auv •uoranWsaa Aq agyosaad TTegs TTouno0 TO aqq sp ggpgs Moads pup saoznaas 'suoistAT AP Bons buowp pagngtaqszP aq TTegs U0T42zzu2ba0 STgq go sPTgnp pup suorgoun; ags • s WOm asuagap TedTo-run STATES OR OF THIS STATE BY FORCE OR VIOLENCE; AND THAT DURING SUCH TIME AS I AM A MEMBER OF THE MUNI- CIPAL CIVIL DEFENSE COUNCIL OF THE CITY OF BEAUMONT, I WILL NOT ADVOCATE NOR BECOME A NEER OF. AN AFFIL - LATE OF ANY ORGANIZATION, GROUP OR COMBINATION OF PERSONS OR OF ANY POLITICAL PARTY THAT ADVOCATES THE OVERTHROW OF THE GOVIWENT OF THE UNITED STATES OR OF THIS STATE BY FORCE OR VIOLENCE." 9a-7 - It shall be unlawful for any person to operate a siren or other device so as to simulate a warning alarm, or the termination of a warning, without proper authority. 9a-8 - At all times when the orders, rules and regu- lations made and promulgated pursuant to this ordinance shall be in effect, they shall supercede all existing ordinances, orders, rules and regulations insofar as the lather may be inconsistent therewith. 9a-9 - This ordinance shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation. 9a-10 - This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety and neither the City of Beaumont, the agents and representatives of said City, or any in- dividual receiver, firm., partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Beaumont 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, together with his successors in interest, if any, not be civilly liable for the -death of, or injuxy to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. 9a-11 - No person shall have the right to expend any public funds of - the City in carrying out any civil de- fense activity authorized by this ordinance without prior approval by the City Manager and City Council, nor shall any person have any right to bind the City by con- tract, agreement or otherwise without prior and specific approval of the City Manager and City Council. 9a-12 -.It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any rule or, regulation issued pursuant to this ordinance, or to do any act forbidden by a rule or regulation issued pursuant to the authority contained in this ordinance,_ It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the civil defense organi- zation of the City of Beaumont, unless authority to do so has been granted to such person by the proper officials. Ora C1g7 If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such in- validity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this ordinance are declared to be severable. 0-4- -- `3 All ...4- All ordinances or parts of ordinances in conflict herewith are hereby repealed. L--4-4 - A Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 0--4.; -- This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof causing the caption of this ordinance to be published in the official newspaper of the City of Beaumont at least twice within ten (10) days after the passage of this ordinance. INTMDUCED, READ AND PASSED by the affirmative vote of a majority of the City Council of Beaumont on this day of 1977. ATTEST: - - City Clerk - Mayor -