ARTICLE 5.300
STANDARD OF CARE FOR EMERGENCY ACTION
Every officer, agent or employee
of the city, while responding to emergency calls or
reacting to emergency situations, regardless of
whether any declaration of emergency has been
declared or proclaimed by a unit of government or
subdivision thereof, is hereby authorized to act or
not to act in such a manner to effectively deal with
the emergency. An action or inaction is effective if
it in any way contributes or can reasonably be
thought by the provider of such emergency service to
contribute to preserving any lives or property. This
article shall prevail over every other ordinance of
the city and, to the extent to which the city has
the authority to so authorize, over any other law
establishing a standard of care in conflict with
this article. Neither the city nor the employees,
agents or officers thereof, shall be liable for
failure to use ordinary care in such emergency. It
is the intent of city council, by passing this
article, to assure effective action in emergency
situations by those entrusted with the
responsibility of saving lives and property by
protecting such government units from liability and
their employees, agents and officers from
non-intentional tort liability to the fullest extent
permitted by statutory and constitutional law. This
article shall be liberally construed to carry out
the intent of city government. (Ordinance 894
adopted 11/16/98) |