CHAPTER 1-06
CIVIL DEFENSE SECTIONS:
1-0601. Policy and Purpose.
1-0602. Creation of Municipal Civil Defense.
1-0603. Director, Powers and Duties.
1-0604. Operational Survival Plan.
1-0605. Personnel.
1-0606. Expenses and Contract.
1-0607. Immunity.
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1-0601. POLICY AND PURPOSE. Because it has been forcefully emphasized that government at every level has the inescapable responsibility to take practical and sensible measures to minimize loss of life in the event of nuclear attack, sabotage or other hostile action and because of the possibility of natural disasters, and in order to take all possible actions to protect the lives and health of the people, establish continuity of government and preserve property of this City, it is hereby declared necessary:
1. To establish local civil defense;
2. Provide for continuity of government during an emergency with the maximum use of services, equipment, supplies and facilities of existing department offices and agencies of this City;
3. To cause to be written an operational survival plan for the mobilization and direction of the civil populace of this City to save the maximum number of lives and minimize property damage in an enemy attack or natural disaster;
4. To provide for the exercise of necessary powers during civil defense missions;
5. To provide for the rendering of mutual aid between this City and other political subdivisions and of other States with respect to carrying out civil defense functions. It is further declared to be the purpose of this chapter to cause all civil defense functions of this City to be coordinated to the maximum extent with the functions of the Federal Government, of this State and of other States, of Cass County and other localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur.
1-0602. CREATION OF MUNICIPAL CIVIL DEFENSE. There is hereby created a local municipal civil defense of the City of Harwood hereinafter referred to as Harwood Civil Defense. The Harwood City Council shall retain the governing authority of the City with the Mayor serving as Chairman. The Mayor may appoint a Director of Civil Defense for the City of Harwood who may or may not be a commissioned member, who shall be responsible to the Council. The Harwood Civil Defense Director is charged with the responsibility of plans and operations and support missions as directed by higher authority. Other activities and functions are hereinafter specified. The said Director shall be appointed for an indefinite term and may be removed by the Mayor.
1-0603. DIRECTOR, POWER AND DUTIES. The Director, with the consent of the Mayor, shall represent the City on any National, Regional, State or County civil defense activities. He shall execute and submit all material and sign all documents in behalf of civil defense which do not obligate funds other than those budgeted for civil defense. The Director shall develop mutual aid agreements with other political subdivisions for reciprocal civil defense aid and assistance in a civil defense emergency to great to be dealt with unassisted, and he shall present such agreements to the Council for concurrence. Such agreements shall be consistent with the County and State operational survival plan. Any mutual aid arrangement with a political subdivision of another State shall be subject to the approval of the Governor or the State Civil Defense Director. The Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall cooperate with and extend such service and facilities to local civil defense and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the Director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his department or agency. The Director shall direct and coordinate the general operations of all local civil defense during a civil defense emergency in conformity with controlling regulations of the City Council and instructions of Cass County and State Civil Defense authorities. The heads of departments and agencies shall be governed by his orders in respect thereto.
1-0604. OPERATIONAL SURVIVAL PLAN. To institute an organized effort to mobilize and direct the civil populace during civil defense emergencies, an adequate civil defense operational survival plan for the City of Harwood shall be accomplished by the civil defense director. The operational survival plan will be coordinated with the Cass County and the State of North Dakota survival plans. It shall be the mission of said plan to accomplish the following:
1. Provide for continuity of government during an emergency with the maximum use of services, equipment, supplies and facilities.
2. Protect the people and the essential facilities of Harwood from effects of enemy attack and/or natural disaster.
3. Control the movements or evacuation of traffic, through, within and/or out of the City in accordance with instructions of higher authority.
4. Provide the forces, supplies and equipment to aid the people and rehabilitation of facilities of attacked or damaged areas. Upon completion of the Harwood operational survival plan, the same shall be rendered to the City Council for approval or further recommendations.
1-0605. PERSONNEL. The City Council is authorized to employ such persons as may be necessary to carry out the functions of civil defense. Persons so employed shall be subject to all laws, ordinances and regulations now existing in and governing the employees of this City.
1-0606. EXPENSES AND CONTRACT. The civil defense Director shall have no right to expend public funds of the City, other than those allowed by budgets, without prior approval of the City Council, nor shall he have any right to bind the City by contract, agreement or otherwise without prior and written approval of the City Council.
1-0607. IMMUNITY. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The officers, agents or representatives of the State or any political subdivision thereof, shall not be liable for personal injury or property damage sustained by any person appointed or acting as a civilian defense worker, or member of any agency engaged in civilian defense activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under the Workmen's Compensation Law, or any pension law or any act of the United States. No officer or employee nor any civilian defense worker or member of any agency engaged in any civil defense activity, complying with or attempting to comply with this chapter or the laws of the State of North Dakota or any order, rule or regulation promulgated pursuant to the provisions of this chapter or the laws of the State of North Dakota, or pursuant to any ordinance relating to any precautionary measure enacted by any political subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.