§ 20-22. Liability.

(a) 

As provided in the Act, personnel of emergency or disaster relief forces while on duty, if they are employees of a county, municipality, or other governmental agency, have the powers, duties, privileges, and immunities of and receive the compensation incidental to their regular employment. If they are not employees of a county, municipality, or other governmental agency, they shall nevertheless have the same rights and immunities as provided for by law for employees of the state. The City and its agents or representatives shall not be liable for personal injury or property damage sustained by, or caused by, any member of the disaster relief force, nor is the City liable for the death of or injury to a person or persons, or for damage to property, as a result of engaging in disaster relief activity. The employees, agents, or representatives of the state or a political subdivision of the state and nongovernmental disaster relief force workers or private or volunteer personnel engaged in disaster relief activity are immune from tort liability to the extent provided in MCL 691.1407. As used in this section, the phrase "disaster relief activity" includes training for or responding to an actual, impending, mock, or practice disaster or emergency. The right of a person to receive benefits or compensation to which he or she may otherwise be entitled under the workers' compensation law, any pension law, or any act of Congress, will not be affected as a result of said activity. All personnel of disaster relief forces shall, while on duty, be subject to the operational control of the authority in charge of disaster relief activities in the area in which they are serving.

(b) 

As provided 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 or parts of such real estate or premises for the purpose of sheltering persons or for any other event function during a declared local state of emergency, declaration of disaster, or an authorized practice emergency 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. However, the person owning or controlling the real estate or other premises is legally obligated to make known 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.

3-25-2013 by Ord. No. 1348