City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by The Mayor and Council of New Castle 2-4-1955 by Ord. No. 153. Amendments noted where applicable.]
The office of Civil Defense Director, City of New Castle, Delaware is hereby created. The Director of Civil Defense of the City of New Castle shall be appointed by the Mayor, subject to confirmation by City Council, and shall serve until his or her successor has been duly chosen and qualified.
The City Council shall include in its annual budget and shall appropriate a stated amount for civil defense expenses during the next ensuing fiscal year.
Subject to the condition that city funds may not be expended or committed beyond the limits of the annual budget and appropriation referred to in § 12-2 hereof, the Council of New Castle delegates to the Director of Civil Defense of New Castle the power and authority:
A. 
To expend funds, make contracts and obtain and distribute equipment, materials and supplies for civil defense purposes; to provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster resulting from an enemy attack; and to direct and coordinate the development of civil defense plans and programs in accordance with the policies and plans set by the Federal and State Department of Civil Defense.
B. 
To appoint, employ, remove or provide, with or without compensation, air-raid wardens, rescue teams, auxiliary fire and police personnel and other civilian defense workers.
C. 
To establish a primary and one or more secondary control centers to serve as common posts during an emergency.
D. 
Subject to the order of the Governor, or The Mayor and Council of New Castle, to assign and make available for duty the employees, property or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction and similar items or services, for civil defense purposes and within or outside of the physical limits of the subdivision.
E. 
In the event of enemy attack, to waive procedures and formalities otherwise required by law pertaining to: the performance of public work, entering into contracts, the incurring of obligations, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution, with or without compensation, of supplies, materials and facilities, and, subject to the order of The Mayor and Council of New Castle, the appropriation and expenditure of public funds.
F. 
To make, amend and rescind such orders, rules and regulations as may be necessary for civil defense purposes and to implement the exercise of the authority herein granted to the Director of Civil Defense. No such orders, rules and regulations shall be inconsistent with the authority herein delegated to the Director of Civil Defense or to any lawful orders, rules or regulations promulgated by the Governor of Delaware or by any state agency thereof.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Neither the Director of Civil Defense of New Castle nor any of the agents or representatives of the Director of Civil Defense or of The Mayor and Council of New Castle shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civilian defense worker, or member of any agency engaged in civilian defense activity. Neither The Mayor and Council of New Castle, nor, except in cases of willful misconduct, gross negligence or bad faith, the Director of Civil Defense of New Castle, or employees, agents or representatives of The Mayor and Council of New Castle or of the Director of Civil Defense of New Castle, nor any volunteer or auxiliary civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or reasonably attempting to comply with this chapter, or with the State Civil Defense Act, or any order, rule or regulation promulgated pursuant to any ordinance relating to blackout or other precautionary measures, shall be liable for the death of or injury to persons, or for damage to property as a result of any such activity.
This chapter is enacted under the authority of, and for the purpose of implementing within the City of New Castle, the State Civil Defense Act (House Substitute No. 1 for House Bill No. 39 of the One Hundred Seventeenth General Assembly), and it shall be interpreted in such manner as to carry out the purposes and objectives of said act and to obtain for all persons engaged in civil defense activities, volunteer or otherwise, in the City of New Castle, the privileges and immunities provided in said act.