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 city manager, who shall be 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.

Isolation means the separation of infected persons or of persons suspected to be infected from other persons, to such places, under such conditions, and for such time as will prevent transmission of the infectious agent.

Public health emergency means the foreseeable, imminent, or present threat of any pathogen, agent, vector, or environmental condition, including hazardous materials, that does or may cause illness or injury to humans.

Public health emergency order means an advisory, social distancing, isolation, or quarantine order issued by the director.

Quarantine means the restriction placed on the entrance to and exit from the place of premises where an infectious agent or hazardous material exists.

Social distancing means actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings. (Code 1960, § 7-1; Ord. No. 2204, § 2; Ord. No. 4774, § 1, 3-23-20)

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. Reserved.

Editor’s note – Ord. No. 4774, adopted March 23, 2020, repealed § 12-4, pertaining to organizational plans, derived from the 1960 Code, § 7-4, and 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 orders, rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster;

(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; Ord. No. 4774, § 3, 3-23-20)

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. Reserved.

Editor’s note – Ord. No. 4774, adopted March 23, 2020, repealed § 12-11, pertaining to loyalty oath, derived from the 1960 Code, § 7-11, and 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)

Sec. 12-25. Public health emergency orders.

(a) Authority to issue orders. The director, being duly authorized by Idaho Code §§ 50-304 and 50-606, may issue the following orders as deemed appropriate by the director following consultation with or review of information issued by local, regional, statewide, or nationwide public health authorities.

(1) Advisory order. Where a public health emergency is foreseeable or imminent, the director may, after providing written notice to the city council, enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health emergency.

(2) Social distancing order. Where a public health emergency is imminent, the director may, after providing written notice to the city council, enact a social distancing order, which order may establish any or all of the following:

a. Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events.

b. Restrictions on travel through or visitation within the community.

c. Postponement or cancellation of public meetings and hearings.

d. A limit on the number of persons who may gather in one location and may apply to indoor or outdoor venues.

e. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health emergency.

A social distancing order shall include an effective date and an expiration date, which may be extended in the same manner as the imposition of the initial order. A social distancing order shall apply to the area described in the order, in accordance with state law.

(3) Isolation order. Where a public health emergency is present, and poses a clear threat of harm to the public health, the director may enact an isolation order, which order may establish any or all of the following:

a. A directive that infected and/or exposed individuals isolate themselves from other persons.

b. Geographical areas of restricted or prohibited access.

c. Other measures necessary to avoid, address, or mitigate an imminent public health emergency.

d. The scope and manner of delivery of services, materials, or supplies to be provided by the city, if any.

e. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health emergency.

f. Conditions of the isolation order.

An isolation order shall include an effective date and an expiration date and may be extended in the same manner as the imposition of the initial order. An isolation order shall be effective only when and for so long as the public health emergency is present and when no less restrictive alternative exists.

(4) Quarantine order. Where a public health emergency is present and poses a clear threat of harm to the public health, the director may enact a quarantine order, which order may establish any or all of the following:

a. A directive that infected and/or exposed individuals isolate themselves from other persons.

b. Geographical or other areas of restricted or prohibited access.

c. Other measures necessary to avoid, address, or mitigate an imminent public health emergency.

d. The scope and manner of delivery of services, materials, or supplies to be provided by the city, if any.

e. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health emergency.

f. Conditions of the quarantine.

A quarantine order shall include an effective date and an expiration date and may be extended in the same manner as the imposition of the initial order. A quarantine order shall be effective only when and for so long as the public health emergency is present and when no less restrictive alternative exists.

(b) Service and publication of order. An order issued by the director pursuant to this section shall be served or published as follows:

(1) Orders pertaining to individuals. An order that pertains to a specific individual shall be deemed served immediately if hand-delivered or forty-eight (48) hours after depositing the same in the U.S. mail, certified or registered, addressed to the last known address of the individual subject to the order. A copy of such order shall be provided to the city attorney, the fire chief, the chief of police, the Nez Perce County sheriff, the Nez Perce County prosecutor, and the director of the Idaho Public Health North Central District. If the place of isolation or quarantine is other than the individual’s place of residence, a copy of the order shall also be provided to the person in charge of that place.

(2) Orders pertaining to groups, geographical areas, or premises. An order that pertains to a group, geographical area, or premises shall, as soon as practicable, be published as follows:

a. Posting the order on or near the front door of Lewiston City Hall;

b. Posting the order on the city’s website;

c. Posting the order to city social media accounts;

d. Posting the order on the premises to which the order pertains, if applicable; and

e. Emailing the order to all persons subscribed to city email notification services.

A copy of such order shall be provided to the city council, the city attorney, the fire chief, the chief of police, the Nez Perce County board of county commissioners, the Nez Perce County sheriff, the Nez Perce County prosecutor, the director of the Idaho Public Health North Central District, and all news media that have requested notification of such orders. Except as may be specifically stated in the public health emergency order, such order shall be effective upon posting on or near the front door of Lewiston City Hall.

(c) Withdrawal of order prior to expiration. In the event that the director determines that there is no longer a significant threat to the public’s health posed by an individual, group, geographical area, or premises under an order of isolation or quarantine, the director shall withdraw such order if the order has not yet expired. Withdrawal of an order shall be accomplished in the same manner as the order was served or published.

(d) Modification or reconsideration of order. Any person aggrieved by an order issued by the director pursuant to this section, except for an advisory order, shall request that the director modify or reconsider the order by submitting a written request for modification or reconsideration to the city clerk at any time while the order is in effect. The request for modification or reconsideration shall specify the grounds for modification or reconsideration and be accompanied by relevant supporting documentation, if any. Requesting modification or reconsideration of an order issued by the director shall be required prior to appealing such order to the city council.

(e) Appeal of order. An order issued by the director pursuant to this section, except for an advisory order, may be appealed as follows:

(1) Notice of appeal. Subject to subsection (d) of this section, a person aggrieved by an order issued by the director pursuant to this section, except for an advisory order, may appeal such order to the city council at any time while the order is in effect. Written notice of the appeal shall be filed with the city clerk. The notice of appeal shall specify the grounds for appeal and be accompanied by relevant supporting documentation, if any.

(2) Consideration of appeal. The city council shall hold a hearing on the appeal as soon as possible, but no later than five (5) calendar days from the date the notice of appeal was filed with the city clerk. If the order being appealed is an isolation order or a quarantine order pertaining to an individual, then the city council shall hold such hearing in executive session in accordance with Idaho Code Sections 74-104(1), 74-106, and 74-206(1)(d). The formal rules of evidence shall not apply. City council review of orders shall be de novo. The city council may affirm, reverse, or modify the order and shall affirm the order if it appears by a preponderance of the evidence that the order is reasonably necessary to protect the public from a substantial and immediate danger of the spread of an infectious or communicable disease or from contamination by a chemical or biological agent. The city council shall issue a decision as soon as possible, but no later than three (3) calendar days from the date of the hearing, and such decision shall be final.

(3) No stay on appeal. Enforcement of an order issued by the director pursuant to this section shall not be stayed pending an appeal hearing before city council.

(f) Penalty. It shall be unlawful to violate any provision or directive of a social distancing order, isolation order, or quarantine order duly issued by the director while such order is in effect. The violation of any provision or directive of a social distancing order, isolation order, or quarantine order shall be punishable by a civil monetary penalty not to exceed one thousand dollars ($1,000.00). Each day the violation continues shall be considered a separate offense. (Ord. No. 4774, § 5, 3-23-20)

Sec. 12-26. Exclusions.

Unless otherwise specifically prohibited by a public health emergency order duly issued by the director, the following activities shall be exempt from the scope of such an order:

(1) Any and all expressive and associative activity that is protected by the Constitution of the United States or the Constitution of the State of Idaho, including speech, press, assembly, and religious activity.

(2) Activities conducted by public educational institutions.

(3) Activities necessary to operate critical infrastructure and utilities.

(4) Activities necessary to operate and use medical facilities and services.

(5) Activities necessary to buy, sell, or otherwise deliver food, medicine, and other necessities. (Ord. No. 4774, § 5, 3-23-20)

Sec. 12-27. Suspension of city services, ordinances, resolutions, policies and procedures.

(a) Authority to suspend. During a public health emergency, the director may take the following actions as the director deems necessary and advisable given the specific public health emergency and in consideration of the health of employees and the general public:

(1) Suspend nonessential city services and functions.

(2) Suspend city ordinances and resolutions, or portions thereof.

(3) Suspend meetings of city boards and commissions. In order to facilitate such suspension of meetings, the ordinances providing for such meetings shall simultaneously be deemed temporarily suspended.

(4) Suspend or waive city policies and procedures, or portions thereof.

(b) Order of suspension. Any action taken by the director pursuant to this section shall be in the form of a written order, which order shall include the action being taken, the effective date of such action, and the expiration date of such action. An order of suspension may be extended in the same manner as the imposition of the initial order.

(c) Notice of suspension. An order of suspension issued by the director pursuant to this section shall be published as follows:

(1) Order affecting the general public. An order of suspension that affects the general public shall, as soon as practicable, be published as follows:

a. Posting the order on or near the front door of Lewiston City Hall;

b. Posting the order on the city’s website;

c. Posting the order to city social media accounts; and

d. Emailing the order to all persons subscribed to city email notification services.

A copy of such order of suspension shall be provided to the city council, the city attorney, the fire chief, the chief of police, the Nez Perce County board of county commissioners, the Nez Perce County sheriff, the Nez Perce County prosecutor, and all news media that have requested notification of such orders. Except as may be specifically stated in the order of suspension, such order shall be effective upon posting on or near the front door of Lewiston City Hall.

(2) Order affecting city employees. An order of suspension that affects city employees, but not the general public, shall published as follows:

a. Emailing a copy of the order to all city employees with city email addresses; and

b. Posting a copy of the order in a prominent place in each city department.

A copy of such order of suspension shall be provided to the city council. Except as may be specifically stated in the order of suspension, such order shall be effective upon posting in a prominent place in each city department.

(d) Withdrawal of order prior to expiration. In the event that the director determines that an order of suspension is no longer necessary and advisable, the director shall withdraw such order if the order has not yet expired. Withdrawal of an order of suspension shall be accomplished in the same manner as the order was published.

(e) Council veto. A majority of the city council may veto any action taken by the director pursuant to this section. (Ord. No. 4774, § 5, 3-23-20)

Sec. 12-28. Force majeure.

In the context of this chapter, a public health emergency is a force majeure. No person shall be entitled to recover from the city of Lewiston any costs incurred or profits lost as may be alleged to be attributed to the enactment of a public health emergency order or the suspension of city services, ordinances, resolutions, policies, or procedures. (Ord. No. 4774, § 5, 3-23-20) 


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

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