Sep 5, 2017
l, Don Surratt, Mayor of Lumberton, Texas pursuant to the Disaster Declaration on August 25, 2017, do
hereby issue this mandatory curfew order. This Order pertains to the Brushy Creek and Briarwick
subdivision areas off West Walton Road and any other areas where flood waters currently exist ONLY
to be effective September 5, 2017, at 8:00 p.m. Any violation of this Order shall be punishable as a Class
C Misdemeanor. This Order shall remain in effect until terminated.
During this curfew, it will be unlawful for any person to be outside the confines of his or her residence
the property, between the hours of 8:00 PM and 6:00 AM until this Order is terminated except as allowed
by exemptions herein.
Persons who are exempted:
Persons involved in an “EMERGENCY” which means an unforeseen combination of circumstances or the
resultin8 state that calls for immediate action. The term includes, but is not limited to, a fire, natural
disaster, and automobile accident, or any situation requiring immediate action to prevent serious bodily
injury or loss of life;
Persons involved in interstate travel and persons traveling to or from an airport and who are in
possession of a boarding pass for a flight from that airport;
Persons engaged in an employment activity, or going to or returning home from employment activity,
without any detour or stop;
Persons authorized by the Emergency Management Director to assist in the protection of the health,
safety or welfare of the public;
Those employees of utility companies, utility contractors, debris removal I contractors, construction
contractors and their support personnel who are essential for and who are actively involved in the repair
of utility infrastructure and the restoration of electrical service, water, and sewer service. This
the exemption applies only during times such employees are actively engaged in their work and in traveling
to and from work without any detour or stop.
Before taking any enforcement action under this section, a law enforcement officer shall ask the
apparent offender/s reason for being away from his or her residence. The officer shall not issue a
citation or make any arrest under this section unless the officer reasonably believes that an offense has
occurred and that, based on any response and other circumstances, no exemption applies.
A person who violated this Order is subject to immediate arrest. A person who violates this Order is
Guilty of a separate offense for each day or part of a day during which the violation is committed or
continued. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.
ORDERED this 5th day of September 2017.