In accordance with the act, personnel of the Emergency Management
Force while on duty shall have the following rights:
A.
If they are employees of the municipality, or other governmental
agency regardless of where serving, have the powers, duties, rights,
privileges, and immunities and receive the compensation incidental
to their employment.
B.
If they are not employees of the municipality, or other governmental
agency be entitled to the same rights and immunities as are provided
for by law.
A.
As provided for in the Act and this chapter, the City, or the agents
or representatives of the City, shall not be liable for personal injury
or property damage sustained by the Emergency Management Force. In
addition, any member of the Emergency Management Force engaged in
emergency management activity shall not be liable in a civil action
for damages resulting from an act or omission arising out of and in
the course of the person's good faith rendering of that activity,
unless the person's act or omission was the result of that person's
gross negligence or willful misconduct. The right of a person to receive
benefits or compensation to which he or she may otherwise be entitled
to under the workers' compensation law, any pension law, or act
of Congress will not be affected as a result of said activity.
B.
The City, when engaged in emergency or disaster relief activity,
inclusive of training for or responding to an actual, impending, mock,
or practice disaster or emergency, is not liable for the death of
or injury to a person or persons, or for damage to property, as a
result of that activity. The employees, agents, or representatives
of the City and nongovernmental Emergency Management Force workers
or private or volunteer personnel engaged in emergency or disaster
relief activity are immune from tort liability to the extent provided
under Section 7 of Public Act 170 of 1964, as amended.
C.
As provided for in the Act, any person owning or controlling real
estate or other premises who voluntarily and without compensation
grants the City the right to inspect, designate and use the whole
or any part of such real estate or premises for the purpose of sheltering
persons or for any other disaster-related function during a declared
local state of emergency or during an authorized practice disaster
exercise, shall not be civilly liable for the death of, or injury
to, any person on or about such real estate or premises under such
license, privilege or other permission, or for loss of, or damage
to, the property of such person. Provided, however, a person owning
or controlling real estate or other premises who has gratuitously
granted the use of the real estate or other premises for the purposes
stated in the provision is legally obligated to make known to a licensee
of any hidden dangers or safety hazards that are known to the owner
or occupant of the real estate or premises that might possibly result
in the death or injury or loss of property to a person using the real
estate or premises.
A.
It shall be unlawful for any person to obstruct, hinder or delay
the emergency management personnel or disobey any lawful command,
rule or regulation made pursuant to this chapter.
B.
It shall be unlawful for any person to wear, carry or display any
emblem or insignia or other means of identification as a member of
the Emergency Management Force, unless authority to do so has been
granted to such person by the proper officials.
C.
A violation of this section is a misdemeanor whose penalty is $500
or 90 days in jail or both.
