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HomeMy WebLinkAboutOrd 514-2010 Creating Emergency and Disaster Management.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 514-2010 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, CREATING AN OFFICE OF EMERGENCY AND DISASTER MANAGEMENT, DIRECTOR OF DISASTER AND EMERGENCY SERVICES,AND OTHER OFFICES; PROVIDING FOR AN EMERGENCY MANAGEMENT PLAN, PROVIDING DEFINITIONS; PROVIDING FOR A DECLARATION OF A' DISASTER PROCLAMATION; PROVIDING FOR SUSPENSION OF LAWS AND THE POWERS OF THE MAYOR AND OTHER OFFICERS DURING AN EMERGENCY/DISASTER; PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED, $2,000 FOR VIOLATIONS; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna, Texas finds that the identification of potential hazards and the prevention or mitigation of their effects must be an ongoing concern of the City if the lives and p'roperty of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property of lives and property in the City of Anna from natural or manmade disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS , Section 1. Recitals Incorporated All matters stated in the preamble of this ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Purpose. The purpose of this ordinance is to provide the necessary organization, powers, and authority to provide the timely and effective use of all City resources to prepare for, respond to and recover from disasters and' or emergencies, natural or manmade, that are likely to affect the health, security, safety, welfare or property of the City and its residents, whether the events occur within or without the corporate limits of the City. 'This ordinance is enacted to provide the city, its officers and employees, with the , broadest power permitted by the City Code, City Charter, state and federal law to plan Ord. 514-2010 Emergency and Disaster Mangement.doc Page 1 of 15 10-13-10 for and respond to disasters and emergencies. This ordinance shall apply to all executive, legislative and judicial branches, powers and functions conferred upon the City, its officers, employees, and authorized agents. Section 3. Definitions For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. Chief Executive means the City Manager or the Deputy City Manager in his or her absence or incapacity or the next City employee in succession who may be available in the absence or incapacity of the Deputy City Manager. City means the City of Anna, Collin County, Texas. Civil Emergency means, without limitation, any condition of unrest, riot, civil disobedience, affray, unlawful assembly, hostile, military or paramilitary action, war, terrorism or sabotage. Critical Infrastructure means all public or private assets, systems, and functions vital to the security, governance, public health and safety, economy, or morale of the City. Curfew means the period during which no person other than expressly authorized officials of the City, county, state or federal government may be present in or upon public streets, sidewalks, parks or other Public Places or on private property without the consent of the owner or tenant thereof or at any other place where such person has no right or authority to be during such a period. Dangerous Product means any material or product which could reasonably be expected to be used as a tool of arson or terrorism, explosive or weapon, including but not limited to: gasoline and other liquid flammable and combustible products; dynamite and other explosives; firearms and ammunition; and knives and other dangerous weapons. Disaster, whether natural or manmade, means, without limitation, the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from flood, fire, cyclone, tornado, earthquake, severe high or low temperatures, water contamination or pollution, land contamination or pollution, air pollution, blizzard, landslide, mudslide, hurricane, volcanic activity, building or structural collapse, high water table, pandemic disease, epidemic, riot, blight, drought, infestation, wind, storm, wave action, hazardous substance spills or releases, chemical spills or releases, petroleum spills or releases, air contamination, biological matter spills or releases, radiation releases or exposures, infestation, explosions, sabotage, mass transportation accidents or public health emergencies, computer failure or other electronic or technological failures that threaten the public health, safety and welfare, Ord. 514-2010 Emergency and Disaster Mangement.doc Page 2 of 15 10-13-10 hostile military or paramilitary action or terrorist attack, or any other public calamity requiring emergency action or a utility or energy emergency. Emergency means the imminent threat or occurrence of a disaster, Civil Emergency or utility or energy emergency affecting the City and its residents and inhabitants where the Emergency Management Director determines that the exercise or discharge of emergency or disaster powers is necessary to save lives, protect property, to protect the public health and safety, or to lessen or to avert the threat of a catastrophe or calamity within the City. Emergency Management Coordinator means the Chief Executive Officer. Emergency Management Director means the Mayor. Emergency Management Plan means the plan attached to this ordinance as Exhibit A, as same may be amended or supplemented from time to time. Homeland Security Activity means any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency. Mayor means the Mayor of the City or the Mayor Pro Tem in his or her absence or incapacity or the next council member in succession who may be available in the absence or incapacity of the Mayor Pro Tem. Public Place means any public road, street, alley or other right-of-way within the City or immediately adjacent thereto, any property owned or leased by the City or under its control or any store, building or place at which people are assembled or to which people commonly resort for purposes of business, amusement or education. Utility Emergency means, without limitation, conditions which endanger or threaten to endanger the safety, potability, availability, transmission, distribution, treatment, or storage of water, natural gas, gas fuel, electricity, communication, solid waste or sewage. The term "energy emergency" and other terms not specifically defined herein shall be defined in accordance with the definitions set forth in applicable provisions of the state and federal law. All other terms not defined herein or in applicable state or federal law shall be construed in their common and usual meaning unless the contrary is clearly indicated. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 3 of 15 10-13-10 Section 4. Organization. The operational disaster and emergency services organization of the City shall consist of the municipal officers and employees set forth in this ordinance and those who may be designated by the Mayor (Emergency Management Director) and Chief Executive (Emergency Management Coordinator). Plans of organization shall substantially conform to recommendations of the federal government and the State Division of Emergency Management of the State of Texas or any similar or successor agencies. The functions and duties of the organization shall be distributed to the officers and employees of the City in accordance with the terms of the emergency management program or plan. Section 5. Emergency Management Plan. The Emergency Management Coordinator shall develop and maintain and recommend for adoption by the City Council any changes to the Emergency Management Plan, as amended. 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 carry out the provisions of this ordinance. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency or Disaster Management or any successor agency. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The Emergency Management Plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster or Emergency. The Director shall make continuing studies of the Emergency Management Plan or program. Section 6. Comprehensive Emergency Management Plan By adoption of this ordinance, the City further adopts the Emergency Management Plan of the City of Anna, Texas, attached to this ordinance as Exhibit A, and incorporated herein for all purposes as if set forth in full. The substance of this ordinance, as amended, in combination with the Emergency Management Plan, as amended, shall be the City's Comprehensive Emergency Management Plan. To the extent of any conflict between any of the provisions of this ordinance and any of the provisions of the Emergency Management Plan, the provisions that provide the City with the greater authority and ability to effectively respond in the event of an Emergency shall govern. Section 7. General Powers and duties of Emergency Management Coordinator. The duties and responsibilities of the Emergency Management Coordinator shall include, without limitation, the following: (a) Conduct an on-going survey of actual or potential hazards which threaten life and property within the City and an on-going program of identifying and requiring or recommending the implementation of measures which Ord. 514-2010 Emergency and Disaster Mangement.doc Page 4 of 15 10-13-10 would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur; (b) Supervision of the continuing development the Emergency Management Plan and recommendations for adoption of the City Council all mutual aid arrangements deemed necessary for the implementation of same; (c) Direction and control of the operations of the City emergency and disaster management organization, as well as the training of emergency management personnel; (d) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the City; (e) Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations; (f) Marshalling of all necessary personnel, equipment or supplies from any department of the City and delegation of duties and tasks to personnel and volunteers to aid in carrying out the provisions of the Emergency Management Plan; (g) Supervision of the drafting and execution of mutual aid agreements in cooperation with the representatives of the state and other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the City is located and with other municipalities within the county, for the county-wide coordination of emergency management efforts; (h) Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions that may be offered for the purpose of improving emergency management within the City; (i) Authorizing agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes; m Surveying the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for under this ordinance; (k) Assisting the Emergency Management Director in his or her exercise of emergency powers as set forth in the Comprehensive Emergency Management Plan. The Emergency Management Coordinator shall consult with the City Attorney and appropriate City personnel in the planning and exercise of emergency measures; Ord. 514-2010 Emergency and Disaster Mangement.doc Page 5 of 15 10-13-10 (I) Coordinate with the state and federal government, the Department of Homeland Security and any successor agency and other governmental agencies as may be necessary to plan and implement a jOint jurisdiction emergency planning and disaster services plan and mutual aid arrangements; (m) Request the Emergency Management Director when appropriate to declare a state of disaster or Emergency; (n) Control and direct emergency training activities; (0) Marshal and direct, after the declaration of a state of disaster or Emergency, the operational disaster and emergency services organization of the City, including all necessary personnel equipment and supplies from any department of the City to aid in carrying out the Comprehensive Emergency Management Plan; (p) Prepare under the direction of the Emergency Management Director and in consultation with the City Attorney, all necessary emergency proclamations, rules, and orders; (q) Serve as an operations officer for any joint or mutual emergency operations administration; (r) Exercise any other process or duties as may be assigned by the City Council and as may be specified in all applicable state and federal laws, or any successor statute and any other applicable local, state or federal laws; (s) Consult with the City Attorney as necessary in the planning and exercise of emergency powers. Section 8. Declaration of State of Disaster. The Emergency Management Director is hereby authorized to declare by proclamation a state of disaster and to take any action authorized under the Comprehensive Emergency Management Plan deemed necessary to provide adequate control over persons and conditions during such periods of impending or actual public Emergency or disaster, and it is the intent of the City Council to provide the means whereby the Emergency Management Director may take steps to protect lives and property and maintain the operation of the government, until the City Councilor the Governor of the state shall further act. Section 9. Filing and Notice of Declaration and Regulation. Any proclamation or declaration of disaster or Emergency and emergency regulations issued by the Emergency Services Director shall be promptly filed with the City Secretary and the public shall be promptly notified through general publicity of said declaration in the official newspaper of the City or by local radio or television or by Ord. 514-2010 Emergency and Disaster Mangement.doc Page 6 of 15 10-13-10 posting said declaration and regulations on the City's website or by circulating notice or by posting signs at conspicuous places within the affected area or by any combination of such methods or as otherwise may be required by law. Section 10. Term of Declaration. The declaration of a local disaster or Emergency shall be in effect immediately upon issuance and shall remain in effect for a period of up to two days or the maximum period allowed by law. This period may be extended by the Emergency Management Director only upon approval of the City Councilor by the Governor. Section 11. Powers and Duties of Emergency Management Director During Emergency or Disaster. Subject to all restrictions set forth in the City's Home-Rule Charter, and in consultation with the Emergency Management Coordinator, and-to the extent possible in consultation with the Policy Group members set forth in the Emergency Management Plan-the Emergency Management Director is authorized, if he or she finds that the City or any part thereof is suffering or is in imminent danger of suffering an Emergency, to declare a local disaster and issue orders exercising all emergency powers including without limitation, all of the following: (a) Temporarily suspend, limit, cancel, convene, reschedule, postpone, continue, or relocate all meetings of the City Council, and any City committee, commission, board, authority, or other City body as deemed appropriate by the Emergency Management Director. (b) Suspend or limit the sale, distribution, dispensing or transportation of alcoholic beverages, firearms, explosives, and other combustible products and require the closing of those businesses or parts of businesses insofar as the sale, distribution, dispensing, or transportation of these items are concerned. (c) Establish a curfew during such hours of the days or nights and affecting such categories of persons as may be designated. (d) Require closing of business establishments. (e) Prohibit the sale or distribution within the City of any products which could be employed in a manner which would constitute a danger to public safety. (f) Temporarily close any and all streets, alleys, sidewalks, bike paths, public parks or public ways. (g) Temporarily suspend or modify, for not more than four days, any regulation or ordinance of the City, including but not limited to, those Ord. 514-2010 Emergency and Disaster Mangement.doc Page 7 of15 10-13-10 regarding health, safety, and zoning. This period may be extended upon approval of the City Council. (h) Suspend or limit the use of the City's water resources or other infrastructure. (i) Control, restrict, allocate, or regulate the use, sale, production, or distribution of food, water, fuel, clothing, and/or other commodities, materials, goods, services, and resources including the establishment of wage, rent, and price controls and other economic stabilization methods necessary to preserve economic stability. (j) Suspend or limit burning of any items or property within the City limits and up to five miles outside the corporate limits. (k) Authorize the Emergency Management Coordinator to require emergency services of any City officer or employee. If regular City forces are determined to be inadequate, then to acquire the services of such other personnel as the Emergency Management Director can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law to other registered and identified disaster emergency workers. (I) Authorize the Emergency Management Coordinator to utilize all available resources of the City as reasonably necessary to manage the disaster or Emergency. (m) Direct and compel the evacuation of all or part of the population from any stricken or threatened areas within the City if the Emergency Management Director deems this action is necessary for the preservation of life, property, or other disaster or emergency mitigation, response or recovery and to prescribe routes, modes of transportation and destination in connection with an evacuation. (n) Authorize the Emergency Management Coordinator to purchase or lease materials, supplies, or equipment during the local disaster or Emergency, and to authorize any or all agencies or City officials to directly purchase or lease those materials, supplies, or equipment essential to continue the work of the City without the advertisement of bids or other regulations during the pendency of the Emergency. (o) Authorize the Emergency Management Coordinator to hire and contract for construction, engineering, architectural, building, electrical, plumbing, and repair of public improvements and/or other profeSSional or construction services essential to continue the work of the City without the advertisement of bids when the delay of advertising and public bidding might cause serious injury or loss. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 8 of 15 10-13-10 (p) Make application for local, state, or federal assistance. (q) Authorize the Emergency Management Coordinator to establish and control routes of transportation, ingress or egress. (r) Authorize the Emergency Management Coordinator to control ingress and egress from any designated disaster or emergency area or home, building or structures located therein. (s) Authorize the Emergency Management Coordinator to utilize private property as necessary to cope with emergency or disaster conditions, subject to any requirements established by law for compensation and in accordance with this ordinance. (t) Authorize the Emergency Management Coordinator to appropriate and expend funds, exclude contracts, authorize the obtaining and acquisition of property, equipment, services, supplies, and materials without strict compliance with procurement regulations or procedures. (u) Authorize the Emergency Management Coordinator to transfer the direction, personnel, or functions of City departments and agencies for the purpose of performing or facilitating emergency or disaster services. (v) Authorize the Emergency Management Coordinator to accept services, gifts, grants, loans, equipment, supplies, and/or materials whether from private, nonprofit, or governmental sources. (w) Authorize the Emergency Management Coordinator to terminate or suspend any process, operation, machine, device, or event that is or may negatively impact the health, safety, and welfare of persons or property within the City. (x) Authorize the Emergency Management Coordinator to delegate authority to such City officials as the Emergency Management Director determines reasonably necessary, convenient, or expedient. (y) Authorize the Emergency Management Coordinator to require the continuation, termination, disconnection, or suspension of natural gas, electrical power, water, sewer, communication or other public utilities or infrastructure. (z) Authorize the Emergency Management Coordinator to close or cancel the use of any municipally owned or operated building or other public facility. (aa) Authorize the Emergency Management Coordinator to disinfect, abate, demolish, remove or clean up any building, structure, site, wreckage, or debris. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 9 of15 10-13-10 (bb) Authorize the Emergency Management Coordinator to declare, issue, enforce, modify and terminate orders for quarantine and isolation of persons or animals posing a threat to public health. (cc) Authorize the Emergency Management Coordinator to exercise such powers and functions in light of the exigencies of Emergency or disaster including the waiving of compliance with any time consuming procedures and formalities, including notices, as may be prescribed by law. (dd) Authorize the Emergency Management Coordinator to issue any and all such other orders or undertake such other functions and activities as the Emergency Management Director reasonably believes is required to protect the health, safety. and welfare of persons or property within the City or otherwise preserve the public peace or abate, clean up, or mitigate the effects of any Emergency or disaster. (ee) Exercise the full power and authority to provide by proclamation all regulations reasonably necessary to protect the health, security, welfare, safety, peace, life and property of the City and the inhabitants during the time of such crisis. (ff) Delegate, to the extent allowed by law, any or all of these powers and duties to the Emergency Management Coordinator. (gg) Petition the Governor to apply to the Federal Government for financial assistance and for aid to local families and individuals adversely affected by the disaster or Emergency. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 10 of 15 10-13-10 Section 12. Mutual Aid Agreements. (a) The Emergency Services Coordinator may, subject to approval of the City Council, enter into reciprocal aid, mutual aid, joint powers agreements, intergovernmental assistance agreements, or other compacts, plans, or agreements with other governmental entities for the protection of life and property. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel, and/or services and authorize employment by the county and other cities and governmental entities within the county with the Director as area coordinator for mutual aid. (b) The City Council or any of its committees, boards, commissions, or authorities may exercise such powers and functions in light of the exigencies of the Emergency or disaster and may waive compliance with time consuming procedures and formalities prescribed by law. (c) The Emergency Services Coordinator shall recommend for adoption by the City Council mutual aid plans and agreements which are deemed essential for the Emergency Management Plan. (d) The Emergency Services Coordinator is authorized to join with other city, county, state and federal officials to form joint Emergency Management Plans and programs and in the appointment of a joint emergency management coordinator and to participate in county-wide, regional and state-wide programs of emergency and disaster management and to present any such plans or programs for the approval of the City Council. Section 13. Emergency Procurements. (a) Notwithstanding any provision of this ordinance, The Anna City Code of Ordinances, applicable state or federal law to the contrary, the Emergency Management Director, upon declaration of a state of emergency by proclamation as provided under this ordinance, may authorize the Emergency Management Coordinator or the Emergency Management Coordinator's designees to procure by purchase or lease, such goods and services as are deemed necessary for the City's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all emergency procurements made during an Emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted to or provided by the Emergency Management Coordinator within 30 days after their procurement, and shall be open to public inspection for a period of at least one year subsequent to the date of the emergency purchases. The Emergency Management Coordinator shall, within three months of the conclusion of the Emergency, formally communicate these emergency expenditures in a full written account to the City Council. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 11 of 15 10-13-10 (b) All payments or compensation for personal services must be approved by City Council unless otherwise authorized by law. Section 14. Suspension of EXisting Regulations. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall suspend, supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith but only to the extent of any such conflict or inconsistency. Section 15. Prohibited Conduct. During the period an actual or impending local disaster or Emergency has been declared, it shall be unlawful for any person to: (a) Enter or remain upon the premises of any establishment not open for business to the public, unless such person is the owner or agent of the establishment. (b) Violate any of the orders or regulations duly issued by the Emergency Management Director or authorized personnel. (c) Willfully obstruct, hinder, or delay any duly authorized peace officer or any member of the emergency management organization in the enforcement of the provisions of this ordinance, or any order or regulation issued under authority provided for in this ordinance or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. (d) To wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the City, unless authority to do so has been granted to such person by the proper officials. (e) To operate a siren or other device so as to simulate a warning signal or the termination of a warning, unless authority to do so has been granted to such person by the proper officials. Section 16. Commitment of Funds. No person shall have the right to expend any public funds of the City in carrying out any emergency management activity authorized by this ordinance without prior approval by the City Council except in accordance with the approved City budgets or as authorized by this ordinance and other applicable law. No person shall have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council, unless during a declared disaster. During a declared disaster, the Emergency Management Director may authorize the Emergency Management Coordinator to Ord. 514·2010 Emergency and Disaster Mangement.doc Page 12 of 15 10·13-10 commit public funds of the City when deemed prudent and necessary for the protection of health, safety, welfare, life or property in accordance with this ordinance. Section 17. Location of Meetings. (a) Whenever an Emergency or disaster makes it imprudent or impossible to conduct the affairs of the City at its regular locations, the City Council may meet at any place, inside or outside the City limits. Any temporary disaster meeting location for the City Council shall continue until a new location is established or until the Emergency or disaster is terminated and the City Council is able to return to its normal location. (b) Whenever an Emergency or disaster makes it imprudent or impossible to conduct the affairs of any department of the City at its regular location, such department may conduct its business at any place, inside or outside the City limits, and may remain at the temporary location until the Emergency or disaster is declared ended or until the department is able to return to its normal location. (c) Any official act or meeting required to be performed at any regular location of the City Councilor of its departments shall be valid when performed at any temporary location established under this section. Section 18. Authority to Enter Property. During the period of a declared Emergency or disaster, a City officer or employee or authorized agent may enter onto or upon private property if the officer, employee or authorized agent has reasonable grounds to believe that there is a true Emergency or disaster and an immediate need for assistance for the protection of life or property, and that entering onto the private land will allow the employee or authorized agent to take such steps to alleviate or minimize the Emergency or disaster or to prevent or minimize risk or danger to lives or property from the declared Emergency or disaster. Section 19. Property Taken or Commandeered. Any person making a claim for property taken, used or commandeered during the Emergency or disaster shall follow the procedure set forth and be compensated in accordance with the requirements and restrictions of applicable provisions of state and federal laws. Ord. 514-2010 Emergency and Disaster Mangement.doc Page 13 of15 10-13-10 Section 20. Immunity. (a) This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, safety, and welfare and neither the City, the agents and representatives of the City nor any individual, receiver, firm, partnership, corporation, association or trustee nor 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 damages sustained to persons as the result of the activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or manmade disaster shall, together with his successors in interest, if any, not be civilly liable for the death of or injury 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. (b) Any officer, employee, or volunteer of the City performing a Homeland Security Activity or other emergency activity under this ordinance shall also be entitled to the protection of the limitations on liability contained in Chapters 418 and 421 of the Texas Local Government Code or any successor statute or any other applicable law. Section 21. Authority for Enforcement. The members of the police force of the City and other law enforcement agencies have jurisdiction or as otherwise authorized by the Emergency Management Director, the public health department, the fire department, or such other persons as authorized by the Emergency Management Director, are hereby authorized and directed to enforce the orders, rules, and regulations made or issued pursuant to this ordinance. Section 22. Penalties. (a) Any person violating any of the provisions of this ordinance shall, upon conviction of any provision that governs fire safety, zoning or public health and sanitation, be fined a sum not exceeding $2,000 dollars and upon conviction of a violation of any other provision of this ordinance, be fined a sum not exceeding $500 dollars or the maximum amount allowed by law. (b) Any person violating a proclamation of Emergency or disaster, a subsequent proclamation exercising emergency or disaster powers, a rule, regulation or order, which rule, regulation or order issued pursuant to this ordinance, or who violates any order or directive of emergency services personnel pursuant to this ordinance shall, upon conviction of any proclamation, rule, regulation, order or directive that governs fire safety, Ord. 514-2010 Emergency and Disaster Mangement.doc Page 14 of 15 10-13-10 zoning or public health and sanitation, be fined a sum not exceeding $2,000 dollars. (c) Each and every day that the provIsions of this ordinance or any proclamation, rule, regulation, order or directive issued under this ordinance are violated shall constitute a separate and distinct offense. (e) All penalties in this ordinance are in addition to and cumulative of any other remedies that may be available at law and in equity, including, without limitation, injunctive relief. Section 23. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 24. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ~day of ajokur 2010. ATTESTED: Ord. 514-2010 Emergency and Disaster Mangement.doc Page 15 of 15 10-13-10