Dallas City Code § 14B-1 TITLE.
SEC. 14B-1. TITLE.
This chapter shall be known and may be cited and referred to as the Emergency Management Ordinance of the City of Dallas. (Ord. Nos. 15983; 17226; 25834)
EMERGENCY MANAGEMENT
Dallas City Code ch. 14B
in effectDallas City Code § 14B-2 INTENT AND PURPOSE.
SEC. 14B-2. INTENT AND PURPOSE.
(a) The intent and purpose of this chapter is to establish an emergency management program that will ensure the complete and efficient utilization of all of the city’s personnel, facilities, and equipment to combat a disaster as defined in this chapter.
(b) This chapter will not relieve any city department or office of the legal responsibilities or authority delegated to it by statute, ordinance, or the city charter.
(c) Nothing in this chapter may be construed to interfere with the dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television stations, wire services, internet websites, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or potential disaster. (Ord. Nos. 15983; 17226; 25834; 27697; 33224)
Dallas City Code § 14B-3 DEFINITIONS.
SEC. 14B-3. DEFINITIONS.
(1) 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.
(2) 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.
(3) DIRECTOR means the director of the office of management services.
(4) DISASTER has the meaning assigned to it by Texas Government Code Chapter 418, as amended.
(5) 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.
(6) 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.
(7) 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.
(8) MEDICAL SUPPLY DISTRIBUTOR has the meaning assigned to it by Subchapter C of Chapter 546 of the Texas Transportation Code, as amended.
(9) PERSON means an individual, corporation, association, or other legal entity.
(10) PLACE OF WORSHIP has the meaning assigned to it by Texas Civil Practice and Remedies Code Chapter 110, as amended.
(11) REGULATIONS mean plans, programs, and other emergency procedures deemed essential to emergency management.
(12) 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.
(13) VOLUNTEER means any person contributing service, equipment, or facilities to the emergency management organization without compensation. (Ord. Nos. 15983; 17226; 25834; 27697; 33224)
Dallas City Code § 14B-4 RESERVED. (Repealed by Ord. 27697)
Dallas City Code § 14B-5 DIRECTOR OF THE OFFICE OF MANAGEMENT SERVICES - POWERS AND DUTIES.
SEC. 14B-5. DIRECTOR OF THE OFFICE OF MANAGEMENT SERVICES - POWERS AND DUTIES.
The director shall coordinate the office of emergency management and crisis response. 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; 32864)
Dallas City Code § 14B-6 DECLARATION OF STATE OF DISASTER.
SEC. 14B-6. DECLARATION OF STATE OF DISASTER.
(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 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, television, and internet websites. (Ord. Nos. 15983; 17226; 25834; 33224)
Dallas City Code § 14B-7 MAYOR - POWERS AND DUTIES.
SEC. 14B-7. MAYOR - POWERS AND DUTIES.
(a) Except as provided in Section 14B-7.1, during any period that a disaster order or proclamation, issued by either the mayor or governor, is in effect, the mayor 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 on the internet and 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; 33224)
Dallas City Code § 14B-7.1 LIMITATION ON DISASTER DECLARATION.
SEC. 14B-7.1. LIMITATION ON DISASTER DECLARATION.
The mayor, director, state-designated emergency management director, the state- designated emergency management coordinator, or any other city official or employee may not issue:
(1) Place of worship. An order that closes or has the effect of closing a place of worship.
(2) Construction and related services. An order to address a pandemic disaster that limits or prohibits:
(A) housing and commercial construction activities, including related activities involving the sale, transportation, and installation of manufactured homes;
(B) the provision of governmental services for title searches, notary services, and recording services in support of mortgages and real estate services and transactions;
(C) residential and commercial real estate services, including settlement services; or
(D) essential maintenance, manufacturing, design, operation, inspection, security, and construction services for essential products, services, and supply chain relief efforts.
(3) Medical supply distributor. An order that limits or prohibits access to highways, streets, and bridges for a vehicle used by a medical supply distributor to transport prescription drugs and other medical supplies to an emergency care facility, pharmacy, or nursing home if the transport vehicle will not negatively impact evacuation activities or any response or recovery activities in the disaster area. (Ord. No. 33224)
Dallas City Code § 14B-8 STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR AND STATE- DESIGNATED EMERGENCY MANAGEMENT COORDINATOR - POWERS AND DUTIES.
SEC. 14B-8. STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR AND STATE- DESIGNATED EMERGENCY MANAGEMENT COORDINATOR - POWERS AND DUTIES.
(a) The mayor as the state-designated emergency management director may designate a person to serve as the state-designated emergency management coordinator.
(b) The state-designated emergency management director and 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; 33224)
Dallas City Code § 14B-9 POWERS AND DUTIES OF CITY ATTORNEY DURING DISASTER.
SEC. 14B-9. POWERS AND DUTIES OF CITY ATTORNEY DURING DISASTER.
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)
Dallas City Code § 14B-10 APPOINTMENT OF SPECIAL MUNICIPAL COURT JUDGES.
SEC. 14B-10. APPOINTMENT OF SPECIAL MUNICIPAL COURT JUDGES.
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)
Dallas City Code § 14B-11 EMERGENCY MANAGEMENT VOLUNTEERS.
SEC. 14B-11. EMERGENCY MANAGEMENT VOLUNTEERS.
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)
Dallas City Code § 14B-12 GOVERNMENTAL FUNCTION.
SEC. 14B-12. GOVERNMENTAL FUNCTION.
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)
Dallas City Code § 14B-13 OFFENSES; PENALTIES.
SEC. 14B-13. OFFENSES; PENALTIES.
(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)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-140140Fetched: 10/26/2026