§ 26.030. No liability for operation of vehicles used to evacuate residents.

(a)

Due to the need for transporting individuals who may not be able to make independent arrangements for transportation in response to an order to evacuate the city prior to the time a disaster is predicted to strike the city, the city manager may arrange to use buses and other vehicles of any type made available to the city by any private transportation company, state, city, regional transportation authority or school district to evacuate residents of the city to prearranged shelters in the city or in communities outside the threatened area. The evacuation of residents, including the return of the residents from shelters outside or within the city, is considered to be an emergency governmental function for the protection of the public peace, health, and safety, and, the city, any of its officers, employees, agents, representatives or any other person operating a vehicle, may not be held liable for any death, injury, or damage from any cause sustained to persons who elected to be evacuated in a vehicle operated for these purposes.

(b)

Any public entity owning, operating, or controlling any vehicle used to evacuate residents from the city or within the city, who voluntarily and without compensation, grants to the city the use of its vehicle for this purpose may not be held civilly liable for the death or injury to any person, or for loss or damage to any property resulting from the operation of the vehicle while transporting individuals to and from the city as part of an evacuation program organized by the city manager. Any officer, employee, agent, and representative of a public entity who is involved in the evacuation effort on behalf of the entity and the city may not be held civilly liable for the death or injury to any person or damage to any property as the result of the operation of a vehicle during an evacuation program.

(Ord. No. 2006-29, § 1, 7-3-06)