Civil Defense and Disaster Relief

Note: For the Texas Civil Protection Act, see VACS Article 6889-4.
For power of political subdivisions to provide, by code or otherwise,
for a civil defense organization, see § 6 of Article 6889-4.

Article 1. Municipal Civil Defense and Disaster Relief Committee

Section 6-1. Civil Defense and Disaster Relief Committee: Created.

(a) There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of White Deer, Texas, which shall consist of the following:

  1. The Mayor of the City of White Deer, Texas, who shall serve as chairman of the Committee and who shall also be known as Municipal Defense Co-ordinator of the City of White Deer, Texas.
  2. The Assistant Defense Coordinator of the City of White Deer, Texas, who shall be charged with the preparation of a civil defense plan for the City of White Deer, Texas, together with such other duties as the Coordinator may prescribe. The Assistant Coordinator shall be appointed by and hold his position at the pleasure of the Municipal Defense Coordinator. The Assistant Coordinator shall serve as Vice-Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of White Deer, Texas.
  3. The Directors of Divisions and Chiefs of Services of such Divisions as may be provided for by resolution by the City Council or by directive of the Municipal Defense Coordinator.
  4. Representatives not to exceed 35 in number from civic, business, industry, labor, veterans, professional, or other groups to be selected and appointed by the Mayor. (Ordinance of 6-2-72, § 1.)

 

Section 6-2. Powers and duties of the Committee.

(a) The powers and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the City Council of a civil defense plan for the City of White Deer, Texas, and the recommendation for adoption by the City Council of any and all mutual-aid plans and agreements which are deemed essential for the implementation of such civil defense plan. The duties of such Civil Defense and Disaster Relief Committee 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 a continuing study of the need for amendments and improvements in the civil defense plan adopted by the City Council.

(b) The Civil Defense and Disaster Relief Committee of the City of White Deer, Texas, shall meet upon the call-of either the Chairman or the Vice chairman. (Ordinance of 6-2-72, § 2.)

 

Section 6-3. Mayor to join with others in Council for County.

(a) The Mayor of the City of White Deer, Texas, is hereby authorized to join with the County Judge of the County of. Carson and the Mayors of the other cities in the County in the formation of a Civil Defense and Disaster Relief Council for the County of Carson, and shall have the authority to cooperate in the formation of a civil defense plan for the County of Carson and the appointment of a Civil Defense Director for the County of Carson, and shall have the authority to cooperate with all other powers necessary to participate in countywide programs of civil defense and disaster relief insofar as the programs may affect the City of White Deer, Texas. (Ordinance of 6-2-72, § 3.)

 

Section 6-4. Defense Coordinator: Powers and duties.

(a) The office of Municipal Defense Coordinator is hereby created. The Municipal Defense Coordinator 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 delay. The Coordinator 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 Municipal Defense Coordinator 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 White Deer, Texas.
  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 White Deer, Texas.
  3. The maintenance of necessary liaison with other municipal, district, county, state, regional, federal, or other civil defense organizations.
  4. The marshaling, after declaration of an emergency as provided for above, of all necessary personnel, equipment, or supplies from any department of the City of White Deer, Texas, to aid in the carrying out of the civil defense plan.
  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 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 the agreement with the County in which the City is located and with other municipalities within the County, for the county-wide coordination of efforts in defense and disaster relief.
  7. The issuance of reasonable rules, regulations, or directives, which are necessary for the protection of life and property of the City of White Deer, Texas. Such rules and regulations shall be filed in the office of the City Secretary and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy.
  8. The supervision of and final authorization for the procurement of all necessary supplies and equipment including acceptance of private contributions.
  9. The authorization of agreements after approval of the City Attorney, for the use of private property for air-raid shelter and other purposes. (Ordinance of 6-2-72, § 4.)

 

Section 6-5. Operational organization.

(a) The operational civil defense and disaster relief organization of the City of White Deer, Texas, shall consist of the officers and employees of the City of White Deer, Texas, designated by the Municipal Defense Coordinator as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions, services, and special staff as the City Council shall prescribe by resolution or the Municipal Defense Coordinator shall provide by directive. Any such resolution or directive shall show forth the form of organization, establish and designate divisions and services, assign functions, duties, and powers, and designate officers and employees to carryout the provisions of this article. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Defense and Disaster Relief Council of the State of Texas and of the Federal Government. (Ordinance of 6-2-72, § 5.)

 

Section 6-6. Oath of members.

(a) Each person serving as a member of the Municipal Civil Defense and Disaster Relief Committee, or as an officer, employee, or volunteer in any capacity in the Municipal Civil Defense and Disaster Relief Organization created by resolution or directive pursuant to the authority herein conferred, shall, prior to assuming his duty or duties, take an oath which shall be substantially as follows: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take these obligations freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate nor am I a member or an affiliate of any political party or organization, group or combi-nation of persons that advocate the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Municipal Civil Defense and Disaster Relief Committee of the City of White Deer, Texas, I will not advocate nor become a member or affiliate of any organization, group or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence.” (Ordinance of 6-2-72, § 6.)

 

Section 6-7. Unauthorized lights.

(a) Any light displayed contrary to any order, rule, or regulation promulgated pursuant to the provisions of this article constitutes a public nuisance; and when deemed necessary or in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of White Deer, Texas, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule, or regulation promulgated under the authority conferred by this article. (Ordinance of 6-2-72, § 7.)

 

Section 6-8. Unauthorized operation of siren.

(a) Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a misdemeanor, and upon conviction of such offense, the person, persons or company so convicted shall be fined an amount not to exceed the maximum amounts as established by State Law. (Ordinance of 6-2-72, § 8.)

 

Section 6-9. Rules and regulations to supersede codes, etc.

(a) At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede all existing codes, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 6-2-72, § 9.)

Section 6-10. This article not to conflict with State or Federal law, etc.

(a) 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.

 

Section 6-11. Exercise of governmental function; liability.

(a) This article 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 White Deer, Texas, the agents and representatives of the City, or any individual, 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 article shall be liable for any damage sustained by persons 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-White Deer, Texas, a license or privilege, or otherwise permits the City to inspect, designate, and use the whole or any parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege, or other permission, or for the loss of, or damage to, the property of such person. (Ordinance of 6-2-72,-§ 11.)

 

Section 6-12. Expenditure of government funds.

(a) No person shall have the right to expend any public funds of the City in carrying out any civil defense 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 by the City Council. (Ordinance of 6-2-72, § 12.)

 

Section 6-13. Unlawful to obstruct; penalty.

(a) 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 article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. 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 organization of the City of White Deer, Texas, unless authority to do so has been granted to such person by the proper officials.

(b) The person, persons or company so convicted shall be fined an amount not to exceed the maximum amounts as established by State Law. (Ordinance of 6-2-72, § 13.)