Sec. 8-31. - Organization.

(a)

There is hereby created the position of Office of Emergency Management Director of the City of San Antonio, which shall be held by the mayor in accordance with state law.

(b)

An emergency management coordinator may serve under the direction of the director.

(c)

The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. The director may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.

(d)

The operational emergency management organization of the City of San Antonio shall consist of the officers and employees of the city so designated by the director in the emergency management plans, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(Ord. No. 67229, § 1, 6-2-88)

Sec. 8-32. - Emergency management director; powers and duties.

The duties and responsibilities of the emergency management director shall include 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 to prevent the occurrence or reduce the impact of such hazards if a disaster was to occur.

(b)

Supervision of the development and approval of an emergency management plan for the City of San Antonio, and authority to recommend for adoption by the city council mutual aid agreements deemed necessary for the implementation of such plan.

(c)

Authority to declare a local state of disaster. The declaration of a local state of disaster may not be continued, nor may it be extended, for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk.

(d)

Issuance of necessary proclamations, regulations, or directives necessary for carrying out the purposes of this article. Proclamations, regulations, and directives shall be disseminated promptly by means calculated to bring their content to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede such action, promptly filed with the city clerk.

(e)

Direction and control of the operations of the City of San Antonio emergency management organization as well as the training of the emergency management personnel.

(f)

Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.

(g)

Maintenance of liaison with other municipal, county, district, state, regional, or federal emergency management organizations.

(h)

Marshalling of necessary personnel, equipment, or supplies from any department of the city to aid in implementation of the provisions of the emergency management plan.

(i)

Supervision over drafting and execution of mutual aid agreements, in cooperation with representatives of the state and of other political subdivisions of the state, and drafting and execution, if deemed desirable, of an agreement with the county and other municipalities within the county, for the county-wide coordination of emergency management efforts.

(j)

Supervision and final authorization for the procurement of necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.

(k)

Authorizing agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.

(l)

Survey the availability of existing personnel, equipment, supplies, and services which could be used during a disaster provided for herein.

(m)

Other requirements as specified in the Texas Disaster Act of 1975 (Chapter 418 Government Code, Vernon's Texas Civil Statutes).

(Ord. No. 67229, § 2, 6-2-88)

Sec. 8-33. - Emergency management plan.

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, tasks, duties, and powers, and designation of officers and employees to carry out the provisions of the plan. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management for the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. 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 is attached hereto and incorporated herein and shall have the effect of law during the time of a disaster. Mutual aid agreement forms, also attached hereto and incorporated herein, are approved for execution in accordance with the emergency plan.

(Ord. No. 67229, § 3, 6-2-88)

Editor's note—

The emergency management plan referred to in § 8-33 above has not been set out at length herein but is on file and available for inspection in the offices of the city.

Sec. 8-34. - Interjurisdictional program.

The mayor is hereby authorized to join with the county judge of Bexar County and the mayors of the other cities in said county in the formation of an emergency management council for the County of Bexar and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the City of San Antonio.

(Ord. No. 67229, § 4, 6-2-88)

Sec. 8-35. - Override of existing regulations.

At all times when orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

(Ord. No. 67229, § 5, 6-2-88)

Sec. 8-36. - Liability.

This article is an exercise by the city of its governmental functions for the protection of the public peace, health, safety and welfare. The City of San Antonio, its employees and agents, shall not be liable for any damages sustained by persons as the result of implementation of the emergency plan authorized herein except as required by law.

(Ord. No. 67229, § 6, 6-2-88)

Sec. 8-37. - 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 article without prior approval by the city council, nor shall any person 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 director may expend and/or commit public funds of the city and execute mutual aid agreements when deemed prudent and necessary for the protection of health, life, or property.

(Ord. No. 67229, § 7, 6-2-88)

Sec. 8-38. - Offenses; penalties.

(a)

It shall be unlawful for any person to knowingly obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article, or to knowingly do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.

(b)

It shall be unlawful for any person to knowingly wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the City of San Antonio unless authority to do so has been granted to such person by the proper officials.

(c)

It shall be unlawful for any unauthorized person to knowingly operate or cause to be operated a siren or other device so as to simulate a warning signal or the termination of a warning signal.

(d)

Each violation of the provisions of this article shall be punishable by a fine not to exceed one thousand dollars ($1,000.00).

(Ord. No. 67229, § 8, 6-2-88)

Sec. 8-39. - Severability.

If any portion of this article shall, for any reason, be declared invalid such invalidity shall not affect the remaining provisions hereof.

(Ord. No. 67229, § 9, 6-2-88)

Sec. 8-40. - Limitations.

This article shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule, or regulation.

(Ord. No. 67229, § 10, 6-2-88)