HomeMy WebLinkAboutO-2008-3085 amend Ch 34/requiring Shelter in Place signs inside hotel and motel rooms
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23. 2008
Budl!:et
Requested By: .Tl'ff Snees
Source of Funds:
Department:
Emergell!:)' Mauagemellt
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
This is an ordinance requiring hotel and motels to post standardized shelter in place information in all rooms.
The recent Hotel construction has become a challenge at communicating to visitors what alarms mean and steps they
need to take should a chemical emergency arise. The LEPC and Emergency Management office has tried to work
with the Hotel owners and managers to help guide them in the protection of their guests. Weare falling short in this
area and need to take more action to communicate to visitors about their current surroundings and what to do in an
emergency.
After doing much research it has been found that no other city or county across America has such a requirement. We
would be the first at taking such a proactive step in protecting visitors in our City.
Council A enda
Date
ORDINANCE NO. 2008 ,~O~S-
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING NEW DIVISION 3
"SHELTER IN PLACE"; ADDING NEW SECTION 34-65 "POSTING OF SHELTER
IN PLACE NOTICES IN HOTEL AND MOTEL ROOMS"; ADDING SECTION 34-66
"PENALTIES FOR VIOLATION OF DIVISION", AND AMENDING APPENDIX-B
"FINES"; PROVIDING A PENALTY OF $500 FOR EACH OFFENSE; PROVIDING
A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. That Chapter 34 "Environment", of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by
amending Article II "Air Pollution", Division 2 "Smoking", Sees.
34-60-34-90, "Reserved", which said section shall read as
follows:
"Sees. 34-60--34-64. Reserved."
Section 2. That Chapter 34 "Environment" of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by
adding new Division 3 "Shelter in Place Regulations", to Article
II "Air Pollution", which said Division shall read as follows:
"DIVISION 3. SHELTER IN PLACE REGULATIONS
Sec. 34-65. Posting of Shelter in Place Notices in Hotel and
Motel Rooms.
Every person owning, operating, managing or controlling any
hotel, as that term is defined in Section 66-121 of this Code,
shall post or display in a conspicuous place on the inside of
the door of every private quarter made available to the public
in such facility, a written notice containing Shelter in Place
emergency procedure guidelines, as are promulgated by the La
Porte Local Emergency Planning Committee. Shelter in Place
emergency procedure guidelines shall be made available in the
Office of Emergency Management of the City of La Porte.
Sec. 34-66. Penalty for violation of division.
(a) A person who violates any provision of this division shall
be guilty of a class C misdemeanor and upon conviction shall be
fined an amount not exceeding $500.00.
(b) Neither allegation nor evidence of a culpable mental state
is required for the
division, during the
criminal proceeding.
proof of an
prosecution
offense
of such
defined
offenses
in
in
this
any
Sees. 34-67-34-90. Reserved."
Section 3.
Article II.
City of La
"Shelter in
That Appendix-B "Fines", Chapter 34 "Environment",
"Air Pollution", of the Code of Ordinances of the
Porte, Texas is hereby amended by adding Division 3
Place Regulations", which shall read as follows:
Division 3. "Shelter in Place Regulations"
(a) Fine for violation of division 3, Shelter in
Regulations
Place
$500
Section 4. Open Meetings. The City Council officially finds,
determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 5. Severability. Should any section or part of this
ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconsti tutionali ty,
illegali ty, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining
portions thereof; but as to such remaining portion or portions,
the same shall be and remain in full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section 6. Effective Date. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the
newspaper of the City of La Porte at least twice within
days after the passage of this ordinance, in accordance
provisions of Chapter 52, Texas Local Government Code,
City of La Porte Charter.
official
ten (10)
with the
and the
PASSED AND APPROVED on the first reading on the 23rd day of June
2008.
By:
ATTEST:
Yt;~d
Martna A. Gillett
City Secretary
APPROVED:
vtuA 7: rl4.~
Cl rk T. Askins
Assistant City Attorney