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In this chapter:
(1) ATTACK or ACT OF TERRORISM means an assault against the city, its government, or its environs, or an assault against the United States, by domestic or foreign forces of a hostile nation or its agents including, but not limited to, assault by bombing, radiological, chemical, or biological warfare or sabotage.
(2) CONTRABAND means any article, substance, or property, the possession or transportation of which is prohibited, that is subject to summary destruction upon seizure by officers of the law.
(3) CURFEW means a regulation requiring withdrawal of persons from streets, highways, alleys, sidewalks, vacant lots, parks, public buildings, or any other public places in all or a delineated part of the city during the stated hours when the regulation is in effect.
(4) DIRECTOR means the director of the office of management services.
(5) DISASTER means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or man-made cause.
(6) EMERGENCY MANAGEMENT means the mitigation of, preparation for, response to, and recovery from a disaster, and the maintaining of the public peace, health, and safety during a disaster. The term includes plans and preparations for protection from, and relief, recovery, and rehabilitation from, the effects of a disaster. The term does not include any activity that is the primary responsibility of the military forces of the United States or the State of Texas.
(7) EMERGENCY MANAGEMENT FORCES means:
(A) the employees, equipment, and facilities of all city departments, offices, boards, institutions, and commissions; and
(B) all volunteer personnel, equipment, and facilities contributed by or obtained from volunteer persons or agencies.
(8) EMERGENCY MANAGEMENT VOLUNTEER means any person duly registered, identified, and appointed by the director of the office of management services, the city manager, or the mayor and assigned to participate in the emergency management activity.
(9) MAN-MADE CAUSE means, but is not limited to:
(A) a nuclear, radiological, or hazardous material accident;
(B) an airplane/aviation, ship/maritime, or train/railroad accident;
(C) an oil spill or other water contamination;
(D) a hostile military or paramilitary action, act of terrorism, or enemy attack;
(E) a riot or civil unrest;
(F) an explosion;
(G) a power outage or energy emergency;
(H) air contamination;
(I) a home or building fire;
(J) a bridge collapse or dam break;
(K) an epidemic or other health emergency; or
(L) any other similar impending or actual calamity requiring emergency action.
(10) NATURAL CAUSE means, but is not limited to:
(A) severe weather, a thunderstorm, or lightning;
(B) a hurricane or tornado;
(C) snow, ice, or a winter storm;
(D) a flood or flash flood;
(E) an earthquake, landslide, or mudflow;
(F) a heat wave, drought, blight, or infestation;
(G) a wildfire;
(H) a tsunami or other wave or tidal action;
(I) volcanic activity; or
(J) any other similar impending or actual calamity requiring emergency action.
(11) PERSON means an individual, corporation, association, or other legal entity.
(12) REGULATIONS mean plans, programs, and other emergency procedures deemed essential to emergency management.
(13) RIOT means a state of violent civil disorder that causes or threatens to cause loss of life or property in the city.
(14) STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR means the mayor of the city as specified by executive order RP32 of the governor of the State of Texas.
(15) STATE-DESIGNATED EMERGENCY MANAGEMENT COORDINATOR means the city manager as specified in executive order RP32 of the governor of the State of Texas.
(16) VOLUNTEER means any person contributing service, equipment, or facilities to the emergency management organization without compensation. (Ord. Nos. 15983; 17226; 25834; 27697)
The director shall coordinate the office of emergency management. The director’s duties include, but are not limited to:
(1) coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the city for emergency management purposes;
(2) developing and coordinating emergency plans for the immediate use of all of the facilities, equipment, manpower, and other resources of the city for the purpose of minimizing or preventing damage to persons and property in the event of a disaster, and for the purpose of protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety, and welfare in the event of a disaster;
(3) negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of those buildings or property for emergency management purposes and designating suitable buildings as public shelters;
(4) through public informational programs, educating the civilian population as to actions necessary and required for the protection of persons and property in case of impending or present disaster;
(5) conducting rehearsals of emergency plans to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures, and operations;
(6) coordinating the activity of all other public and private agencies engaged in any disaster activity within the city; and
(7) administering federal and state disaster assistance programs related to emergency management. (Ord. Nos. 15983; 17226; 25834; 27697)
(a) If the mayor determines that a local disaster exists, the mayor shall declare a local state of disaster and invoke emergency powers. Emergency powers may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council.
(b) During any period in which a state of disaster has been declared by either the mayor or the governor, the city council may convene to perform its duties as the situation demands, and shall receive reports relative to emergency management activities. If it becomes necessary for the mayor and city council to vacate or leave the city limits, the city council shall have full power and authority to act in matters affecting property or people remaining in the city limits in the same manner as though the city council were conducting its business within the city limits. As soon as the city council finds that emergency powers need not be used to deal with a situation, it shall immediately proclaim that the state of disaster has terminated.
(c) Any order or proclamation declaring, continuing, or terminating a state of disaster must be filed promptly with the city secretary and given prompt and general publicity, such as through newspapers, radio, and television. (Ord. Nos. 15983; 17226; 25834)
(a) During any period that a disaster order or proclamation, issued by either the mayor or governor, is in effect, the city manager may promulgate such regulations as he or she deems necessary to protect life and property and preserve critical resources. Such regulations and powers may include, but are not limited to, the power to:
(1) prohibit or restrict the movement of vehicles in order to facilitate the work of emergency management forces or to facilitate the mass movement of persons from critical areas within or without the city;
(2) recommend the movement of persons from areas deemed to be hazardous or vulnerable to disaster;
(3) order a curfew into effect in all or any delineated part of the city and to exempt from the curfew any person whose movement is essential to the health, safety, and welfare of the public;
(4) order the closing of any place where arms, ammunition, dynamite, or other explosives are sold, and forbid the sale, barter, loan, or gift of those items;
(5) order the closing of bars, lounges, private clubs, package liquor stores or any business establishment having a liquor, beer, or wine permit; gasoline stations; theaters; ball rooms; and public rooms or buildings;
(6) prohibit the sale of beer, wine, and intoxicating liquor and prohibit the sale, distribution, or gift of gasoline or other flammable liquid or combustible product in any container other than a gasoline tank properly affixed to a motor vehicle;
(7) declare certain items that may be potentially injurious to the public health or welfare to be contraband and authorize a search for those items;
(8) exclude sightseers from any area where a disaster or emergency is imminent or has occurred;
(9) order the detention of persons who impede or incite others to impede the preservation or restoration of order;
(10) temporarily suspend or modify, for not more than 60 days, any regulation or ordinance of the city of Dallas, including, but not limited to, those regarding health, safety, or zoning, if the suspension or modification is essential to provide temporary housing for disaster victims;
(11) promulgate any other regulations necessary to preserve public peace, health, and safety during a disaster.
(b) Regulations promulgated in accordance with the authority granted by this chapter will be given widespread circulation by proclamations published in newspapers and aired on radio and television. These regulations will have the effect of ordinances when duly filed with the city secretary. (Ord. Nos. 15983; 17226; 25834)
The mayor as the state-designated emergency management director and the city manager as the state- designated emergency management coordinator shall have the following duties and responsibilities:
(1) To obtain vital supplies, equipment, and other properties, including, but not limited to, sites required for installation of temporary housing units and the housing units themselves, found lacking and needed for the protection of health, life, and property.
(2) To require emergency services of any city officer or employee. If regular city forces are determined inadequate, then to require the services of such other personnel as he or she 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 emergency management and disaster workers.
(3) To cause to be prepared the city of Dallas emergency operations plan. (Ord. Nos. 15983; 17226; 25834)
During any imminent or present disaster, if the city attorney finds that additional attorneys are needed to represent the city in the municipal courts so as to afford alleged offenders a speedy trial, the city attorney shall appoint, on a temporary basis, the number of special assistant attorneys that he or she deems necessary. All of these appointments must be submitted to the city council for confirmation at the earliest practicable date. (Ord. Nos. 15983; 17226; 25834)
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