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(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)
During any imminent or present disaster, the city council shall appoint special municipal court judges, as needed, to ensure the speedy trial of alleged offenders. These appointments must be acted upon and the length of the appointment must be determined by the city council at the earliest practicable date. (Ord. Nos. 15983; 17226; 25834)
If the required knowledge or skill for a disaster function is not available within the city government, the city manager is authorized to seek assistance from persons outside of the city government. If a person outside of city government is assigned duties of a supervisory nature, that person shall have the authority to perform such duties prior to, during, and after the occurrence of a disaster, until authorization is withdrawn. Services from persons outside of government may be accepted by the city on a volunteer basis. These citizens shall be enrolled as emergency management volunteers in cooperation with the chief administrative officers of departments or offices affected. (Ord. Nos. 15983; 17226; 25834)
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety. Neither the city nor its officers, agents, representatives, or employees, nor any emergency management volunteer, who is, in good faith, carrying out, complying with or attempting to comply with any order, rule, or regulation promulgated pursuant to this chapter, shall be liable for any damage sustained to persons or property as the result of his or her actions, unless the actions taken or not taken consisted of willful misconduct, gross negligence, or bad faith. (Ord. Nos. 15983; 17226; 25834)
(a) During the period an actual or impending disaster has been declared, a person shall not:
(1) enter or remain upon the premises of any mercantile establishment not open for business to the general public;
(2) possess or transport items designated as contraband by the director, city manager, mayor, or city council;
(3) violate any of the orders duly issued by the director, city manager, mayor, or city council pursuant to emergency powers authorized by this chapter, Chapter 418 of the Texas Government Code, or other city, state, or federal law; or
(4) willfully obstruct, hinder, or delay any member of the emergency management organization or any peace officer in the enforcement of this chapter, or any order or regulation issued under authority provided for in this chapter, Chapter 418 of the Texas Government Code, or other city, state, or federal law.
(b) A person violating any provision of this section, upon conviction, is punishable by a fine of not less than $50 and not more than $500. (Ord. Nos. 15983; 17226; 19963; 25834)