From
Fred Bates, Jr.
Title
Ordinance amending Chapter 12, "Fire Protection and Emergency Management," through the addition of 12-34(C); Providing a penalty clause, a savings clause and a severability clause; and providing an effective date after publication (COVID)
Presenter
Daniel Scesney, Chief of Police
Recommended Action
Approve
Analysis
The Police Department continues to review and evaluate the efficiency of its operation and management of all law enforcement and public safety responsibilities in order to provide a high level of quality service to the citizens and visitors of Grand Prairie. While responding to the unprecedented public safety conditions surrounding the COVID 19 outbreak, staff found the need to amend the City Ordinance concerning “Fire Protection and Emergency Management.”
This amendment adds and identifies enforceable penalties for the failure to comply with valid mandatory emergency orders that may be issued during a declared disaster to avoid increased risks to the health and safety of the public.
Financial Consideration
Nove
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 12, “FIRE PROTECTION AND EMERGENCY MANAGEMENT”, OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS THROUGH THE ADDITION OF 12-34(C); PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE AFTER PUBLICATION
WHEREAS, Grand Prairie is located within multiple counties which may have varying orders in response to a disaster;
WHEREAS, during declared disasters, the health and safety of the public is dependent upon the public complying with emergency orders issued by the governing authority;
WHEREAS, peace officers are charged with enforcing the law, including emergency orders;
WHEREAS, the proper enforcement of emergency orders often requires officers to give direction to individuals in the process of ensuring compliance;
WHEREAS, failure to comply with the direction of a peace officer related to the enforcement of a disaster order increases the risk to the health and safety of the public; and
WHEREAS, non-compliance with valid COVID19 related orders has been reported within the City of Grand Prairie;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 12-34 of Chapter 12, “Fire Protection and Emergency Management”, of the Code of Ordinances of the City of Grand Prairie, Texas, is hereby amended by adding subsection 12-34(c) to read as follows:
“(c) A person commits an offense if the person fails to obey the lawful order of a peace officer during a federal, state, county, or locally declared disaster when said lawful order was given in relation to enforcing a disaster order. A declared disaster includes any disaster declaration made by a state, county, or local official or governing body in accordance with Texas Government Code Chapter 418 or Texas Health and Safety Code Chapter 81. A disaster order shall include any order issued by a state, county, or local official or governing body in accordance with Texas Government Code Chapter 418 or Texas Health and Safety Code Chapter 81.”
SECTION 2. That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 3. That Chapter 12, “Fire Prevention and Emergency Management”, of the Code of Ordinances of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 4. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 5. That this Ordinance shall be and become effective immediately upon and after its passage, approval, and publication.
PASSED AND APPROVED THIS THE 21st DAY OF APRIL, 2020.