A. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons, or providing a mass immunization and prophylaxis site or strategic national stockpile storage site during an actual or impending emergency or exercise shall, together with any successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person; provided, that the injury or death was caused by or incidental to the actual use of such premises for such real, actual or impending emergency or exercise, and further provided that nothing herein contained shall grant immunity from gross, wilful or wanton acts of negligence.
B. Neither the City nor any officer or employee of the City nor volunteer whose services have been accepted and utilized by an officer or employee of the City for carrying out the functions of the Emergency Management Department shall be civilly liable for any loss or injury resulting to any person, property, person's company, corporation or other legal entity as a result of any decision, determination, order or action of the City, employee, officer, or volunteer in the performance of assigned duties and responsibilities under the direction of the Emergency Management Department or in the performance of assigned duties and responsibilities under the City's EOP prior to, or during, either an enemy-caused or a natural emergency.
C. Neither the City nor any officer or member of the Emergency Management Department provided for in this chapter shall be liable for the death or injury of any persons, or damage to property, resulting from such emergency management activity prior to, or during, either an enemy-caused or a natural emergency.
D. Nothing in this chapter shall be construed to waive the sovereignty or immunity of the City, or any subdivision thereof, from being sued. (2007 Code § 6-11; amd. 2019 Code)