Chapter 12
CIVIL DEFENSE1

Sec. 12-1. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings indicated, unless the context clearly requires otherwise:

Administrator means the mayor who shall be the administrator of civil defense for the city.

Civil defense means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters.

Deputy director means the deputy director of civil defense of the city.

Director means the director of civil defense of the city.

Disaster means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity, but not any condition relating to a labor controversy. (Code 1960, § 7-1; Ord. No. 2204, § 2)

Sec. 12-2. Purposes.

The declared purposes of this chapter are to provide for the preparations and carrying out of plans for the civil defense of persons and property within this city in the event of a disaster and to provide for the coordination of civil defense functions of this city with all other public agencies and affected private persons, corporations and organizations. (Code 1960, § 7-2; Ord. No. 2204, § 1)

Sec. 12-3. Expenditures deemed for protection of inhabitants and property.

Any expenditures made in connections with civil defense activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Code 1960, § 7-3; Ord. No. 2204, § 1)

Sec. 12-4. Organizational plan.

The organizational plan prepared by the director of civil defense, a copy of which is on file in the office of the city clerk, is adopted as the official organization plan for civil defense of the city. (Code 1960, § 7-4; Ord. No. 2204, § 3)

Sec. 12-5. Office of civil defense – Created.

The office of civil defense is hereby created. (Code 1960, § 7-5; Ord. No. 2204, § 1)

Sec. 12-6. Same – Composition.

The office of civil defense shall consist of:

(1) The administrator, who shall be the administrative head of civil defense for the city.

(2) The director, who shall be appointed by the administrator and who shall develop civil defense and disaster plans and organize the civil defense and disaster program of this city and shall have such other duties as may be assigned to him by the administrator.

(3) The deputy director, who shall be appointed by the director, subject to the approval of the administrator, and who shall perform such functions as the director shall prescribe and shall act for and exercise the powers and perform the duties of the director during his absence or disability. (Code 1960, § 7-6; Ord. No. 2204, § 4)

Sec. 12-7. Powers and duties of director – Generally.

The director of civil defense is hereby empowered:

(1) To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;

(2) To request the governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster;

(3) To control and direct the effort of the civil defense organization of this city for the accomplishment of the purposes of this chapter;

(4) To direct coordination and cooperation between the divisions, services and staff of the office of civil defense of this city and to resolve questions of authority and responsibility that may arise between them;

(5) To represent the civil defense organization of this city in all dealings with public or private agencies pertaining to civil defense and disaster;

(6) To recommend, for adoption by the city council, civil defense and disaster and mutual aid plans and agreements. (Code 1960, § 7-7; Ord. No. 2204, § 5)

Sec. 12-8. Same – In event of proclamation of disaster.

In the event of the proclamation of a disaster as provided in the preceding section or the proclamation of a state of extreme emergency by the governor or the state director of civil defense, the director is hereby empowered:

(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council;

(2) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

(3) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor in the region in which this city is located, to command the aid of as many citizens of this city as he thinks necessary to the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered civil defense worker volunteers;

(4) To requisition necessary personnel or material of any city department or agency;

(5) To execute all of the special powers conferred upon him by this chapter and all powers conferred upon him by any statute agreement approved by the city council or by any lawful authority. (Code 1960, § 7-8; Ord. No. 2204, § 6)

Sec. 12-9. Organization.

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons commandeered under the provisions of the preceding section, be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the civil defense organization of the city. (Code 1960, § 7-9; Ord. No. 2204, § 7)

Sec. 12-10. Functions and duties of departments and employees.

The city council hereby assigns to the various departments and to the officers and employees thereof the functions, duties and powers set forth in the organizational plan adopted by section 12-4. (Code 1960, § 7-10; Ord. No. 2204, § 8)

Sec. 12-11. Loyalty oath.

All persons employed or associated in any capacity with the civil defense organization of the city shall take the oath prescribed by the Idaho Disaster Relief and Civil Defense Act of 1955. (Code 1960, § 7-11; Ord. No. 2204, § 10)

Sec. 12-12. Acceptance of equipment, supplies, etc., from federal government.

(a) The mayor or any other officer delegated or appointed by the mayor is hereby authorized to accept, on behalf of this city, all equipment, supplies and materials and money offered by the federal government to enable this city to carry out any program, act or activity necessary to the proper functioning of defense activities in this city.

(b) The mayor is hereby authorized to execute such agreements or documents and to agree to such reasonable terms and conditions as may be required by the federal government for the grant, loan, lease or other use or possession of such equipment, supplies, materials or money. (Code 1960, § 7-12; Ord. No. 2202, § 1)

Sec. 12-13. Orders, rules and regulations – Authority of mayor, etc.

(a) In order to protect life and property in the city from enemy action, the mayor or an authorized local civil defense official is authorized and directed to carry out blackouts and air raid protection measures in the city at such times and for such periods as are authorized or ordered by the army or navy, and to promulgate such orders, rules and regulations as may be necessary to insure the success of the blackouts and air raid protection measures and to protect life and property during such periods.

(b) Such orders, rules and regulations shall include traffic movements of emergency or other vehicles, evacuation of residents, congregation of persons on public streets, sidewalks and in public places or buildings, but this enumeration shall not be taken as a limitation on the power to promulgate orders, rules and regulations governing any other subject, persons or property which must be regulated in order to insure the proper carrying out of any duly authorized blackout or air raid protection measure. (Code 1960, § 7-13; Ord. No. 2203, § 1)

Sec. 12-14. Same – To be in writing.

All orders, rules and regulations authorized by this chapter for the conduct of the general public shall be in writing and shall be available for public inspection at the place and during the hours fixed by the mayor or an authorized local civil defense official. (Code 1960, § 7-14; Ord. No. 2203, § 2)

Sec. 12-15. Same – Effective until repealed.

Any order, rule or regulation promulgated pursuant to the authority conferred by this chapter shall be in force and effect from the time of promulgation until amended or repealed by the mayor or an authorized local civil defense official or until repealed by the council. (Code 1960, § 7-15; Ord. No. 2203, § 3)

Sec. 12-16. Practice blackouts and air raid drills.

Practice blackouts and air raid drills may be carried out at such times and for such periods as the mayor or an authorized local civil defense official shall, in his discretion, deem appropriate or necessary, but subject always to the orders and directions of the army or navy and the orders, rules and regulations authorized by this chapter. (Code 1960, § 7-16; Ord. No. 2203, § 1)

Sec. 12-17. Special police – Authorized.

The mayor may appoint, for a specified time, as many special police, without pay, from among residents of the city as may be deemed advisable for service in connection with any blackout or air raid protection measure. (Code 1960, § 7-17; Ord. No. 2203, § 4)

Sec. 12-18. Same – Powers and duties.

During the term of service of the special police authorized by this chapter, such special police shall possess all the powers and privileges and perform all the duties of privates in the standing police force of the city. (Code 1960, § 7-18; Ord. No. 2203, § 4)

Sec. 12-19. Same – Identifying emblem to be worn.

(a) Special police authorized by this chapter shall wear such identifying emblem as may be prescribed by the mayor.

(b) No special policeman shall attempt to carry out any order, rule or regulation promulgated under the authority conferred by this chapter when he is not wearing such identifying emblem. (Code 1960, § 7-19; Ord. No. 2203, § 4)

Sec. 12-20. Unauthorized use of sirens or other warning devices.

No unauthorized person shall operate a siren or other device so as to simulate a blackout signal or air raid or the termination of a blackout or air raid. (Code 1960, § 7-20; Ord. No. 2203, § 5)

Sec. 12-21. Unlawful acts.

No person, during a disaster, shall:

(1) Willfully obstruct, hinder or delay any member of the civil defense organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him by virtue of this chapter;

(2) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to the enemy, to imperil the lives or property of inhabitants of this city or to prevent, hinder or delay the defense or protection thereof;

(3) Wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the state. (Code 1960, § 7-21; Ord. No. 2204, § 11)

Sec. 12-22. Liability of private persons.

No person owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use, in whole or any part of such building or premises, for the purpose of sheltering persons during an actual, impending, mock or practice attack, or their successors in interest or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon such building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such person has entered or gone into or upon such building or premises for the purpose of seeking refuge therein during destructive operations or attacks by enemies of the United States or during a mock or practice attack or test ordered by lawful authorities. (Code 1960, § 7-22; Ord. No. 2204, § 9)

Sec. 12-23. Liability of city.

(a) This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety.

(b) Neither the city, its agents and representatives or any person 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 person or property as the result of such activity. (Code 1960, § 7-23; Ord. No. 2203, § 6)

Sec. 12-24. Lights during blackout declared public nuisance; abatement.

Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this chapter shall constitute a public nuisance, and when deemed necessary in order to protect life or property during a blackout or air raid, the police or the special police authorized herein are authorized and directed to enter upon any premises within the city, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this chapter. (Code 1960, § 7-24; Ord. No. 2203, § 7)


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Cross reference – Floodplain management, § 37-133 et seq.

State law reference – Disaster preparedness, Idaho Code, Chapter 10 of Title 46.