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Chapter 37



37.01 Organization Created; Executive Director
37.02 Definitions
37.03 Appointment of Officers
37.04 Liability of City
37.05 Violation

37.01 ORGANIZATION CREATED; EXECUTIVE DIRECTOR. There is created a civil defense organization for carrying out the responsibility of the City for civil defense in times of public emergency. The Mayor shall be Executive Director of the civil defense organization and shall be responsible for the direction of all operations for the protection of the health, safety and welfare of the citizens of the City. The organization shall function in accordance with the civil defense emergency plan which shall be coordinated with the plans adopted by Sioux County and the State, in accordance with State law.

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37.02 DEFINITIONS. The following terms are defined for use in this chapter:

  1. “Civil defense” means the protection of persons and property by all measures available to the municipal government and with such assistance as required and possible from other governmental agencies, together with organized efforts of private persons and agencies to meet public emergencies. The term encompasses preplanning, prevention and assistance to those affected by public emergencies.
  2. “Civil defense emergency plan” means an outline of duties and responsibilities and their assignment to persons, officers and agencies as drawn up under the direction of the Mayor, and as approved by resolution of the Council.
  3. “Public emergencies” means:
    • A. Any natural disaster or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion resulting in the death or injury of persons or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare;
    • B. Any threat to public safety, health and welfare resulting from declared or undeclared war against the United States.

37.03 APPOINTMENT OF OFFICERS. The Mayor may delegate such portions of the details of operation to an assistant director or civil defense coordinator as will best serve the carrying out of the civil defense emergency plan, but the Council shall approve the appointment of such an officer. The Mayor shall designate alternates, and order of succession subject to their approval by Council, to serve in the event the Mayor is unable to act due to absence or disability.

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37.04 LIABILITY OF CITY. Insofar as permitted by State law, the City, when acting in consonance with the civil defense emergency plan, shall not be liable for failure to provide protection or to prevent damages to persons or property, the purpose of such plan being to ameliorate conditions arising from the emergency by organized effort. The City shall carry such insurance on voluntary civil defense workers as deemed advisable by the Council upon recommendation of the City Attorney.

37.05 VIOLATION. No person shall violate the orders of the Mayor or other duly constituted officers when carrying out the civil defense plan during a public emergency.

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