§ 26.029. No liability for operation of shelters.

(a)

Notwithstanding the fact that most public and privately owned buildings within the city were not designed and constructed to withstand the forces of nature that may be present in severe weather conditions or other manmade disasters, and may not be any more suitable than residential homes; and, because of the public's desire that public shelters be made available to them, the city manager may provide shelter in buildings that are owned, leased, or otherwise made available to the city as refuges of last resort. These refuges of last resort may be made available for use by residents and visitors to the city in anticipation of any disaster (all hazards) and specifically during the occurrence of severe weather within the city. The operation of shelters is a governmental function for the protection of the public peace, health, and safety, and the city, any of its officers, employees, agents, representatives, or any person, in operating a shelter may not be held liable for any death, injury, or damage from any cause sustained to persons who elected to use a shelter operated by the city.

(b)

Any person, and their successor in interest, if any, owning or controlling real estate or other premises, who voluntarily and without compensation, grants to the city a license or privilege, or otherwise permits the city to inspect, designate, and use such real estate or premises, either in whole or in part, for the purpose of sheltering persons during an actual, impending, or practice emergency, may not be held civilly liable for the death or injury to any person, or for loss of, or damage to, any property of others occurring on or about the real property or premises used by the city.

(Ord. No. 2006-29, § 1, 7-3-06)