§ 26-7. No municipal or private liability.

(a)

This chapter is an exercise by the city of its governmental function for the protection of the public peace, health and safety, and neither the city nor agents or representatives of the city, or any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as the result of such activity.

(b)

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the city the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice emergency or attack shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or his successor in interest is the proximate cause of such death, injury, loss or damage occurring during such sheltering period.

(Code 1981, § 7.3-7)