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.
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.