Legislator Case Law & Legislation
5.3-1 KND CH-GL

Purpose (KND)

18 Articles / Provisions · Switzerland · Canton of Glarus
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Table of Provisions (18)

Statutory Text (18 Articles)

Allgemeine Bestimmungen

1. The Natural Hazard Service of the Municipality of Glarus Nord serves to protect against natural hazards, namely floods, mudslides, avalanches, landslide and rockfall processes, as well as wind and forest fires.

2. This regulation governs the preparation, ordering, implementation, and control of organizational measures such as warning, alarm, emergency planning, as well as closures and evacuations in the event of natural hazards.

3. This regulation establishes the organizational prerequisites for managing natural hazard events.

Allgemeine Bestimmungen

1. This Regulation is based on the following legal foundations

a) Arts. 2 and 4 of the Federal Act on Civil Protection and Civil Defence;

b) Arts. 1, 3, 5, and 14 of the Civil Protection Act of the Canton of Glarus;

c) Art. 2 of the Ordinance to the Civil Protection Act of the Canton of Glarus;

d) Art. 15 para. 1 of the Introductory Act to the Federal Act on Forests;

e) State Liability Act of the Canton of Glarus;

f) Arts. 21 and 22 of the Act on Fire Protection and the Fire Brigade of the Canton of Glarus.

Organisation of Municipal Natural Hazard Services

1. The bodies of the municipal natural hazard service (KND) are the Municipal Executive Organization (GFO), the Municipal Natural Hazard Commission (KNK), the local natural hazard advisors, and the departments of the municipality of Glarus Nord responsible for enforcement, as well as the fire brigade (FW).

Organisation of Municipal Natural Hazard Services

1. The municipal leadership organization is responsible for managing a "special situation." In a "special situation," it decides on precautionary and emergency measures and issues the necessary orders for their implementation.

2. The organization of the municipal leadership organization is regulated in the Municipal Leadership Organization Regulations of the Municipality of Glarus Nord.

Organisation of Municipal Natural Hazard Services

1. The municipal natural hazard commission of the municipality of Glarus Nord is responsible for managing a "normal situation." In a "normal situation," it decides on precautionary and emergency measures and issues the necessary orders for their implementation.

2. The municipal natural hazard commission of the municipality of Glarus Nord consists of a chairman and two to four members.

3. A member of the executive board chairs the municipal natural hazard commission.

4. The other members possess fundamental knowledge in the field of natural hazards or hold a position within the municipality of Glarus Nord whose competencies or knowledge serve the natural hazard commission.

5. The members of the natural hazard commission are elected by the municipal council for a term of four years. They have the option to resign at the end of a quarter, observing a three-month notice period.

6. A member of the executive board may be called upon to support the commission as needed.

7. The municipal natural hazard commission constitutes itself. The chairman or a deputy represents the natural hazard commission in the municipal leadership organization during a "special situation."

8. Further experts may be consulted for advice to the commission as needed.

9. The municipal natural hazard commission is supported as needed by the specialist unit responsible for communication and by the secretariat of the chairman's department.

Organisation of Municipal Natural Hazard Services

1. The executive organizations comprise the municipal construction and environmental yards, forest and agricultural departments, and property management, as well as the fire brigades and the cantonal police.

2. If necessary, additional organizations such as search and rescue services may be called upon.

Responsibilities and Competencies of the Municipal Natural Hazard Service (KND)

1. The municipal leadership organization is responsible for managing "special situations" caused by exceptional flood events (typically at Linth flood warning level "red" - Level 4) or other natural hazard events, storms, or forest fires (typically at hazard level "very high" - Level 5), or upon the occurrence of large-scale events (several roads closed, individual settlement areas or valleys cut off from the environment, evacuations necessary).

2. It decides on preventive and emergency measures upon application by the communal natural hazards commission and issues the necessary orders for their implementation.

3. In "special situations," the municipal leadership organization fulfills the tasks in accordance with the job description for the municipal natural hazards service (KND) of the municipality of Glarus Nord.

Responsibilities and Competencies of the Municipal Natural Hazard Service (KND)

1. The municipal Natural Hazards Commission is responsible for managing "normal situations" caused by flood events (typically up to Linth flood warning level "orange" - level 3) or by other natural hazard events, storms, or forest fires (typically up to hazard level "great" - level 4), or after events of limited scope (individual roads closed, no evacuations necessary).

2. In a "normal situation," the Natural Hazards Commission fulfills the duties as per the terms of reference for the municipal Natural Hazard Service (KND) of the municipality of Glarus Nord.

Responsibilities and Competencies of the Municipal Natural Hazard Service (KND)

1. The municipality of Glarus Nord appoints two local natural hazard advisors.

2. The local natural hazard advisors observe local weather conditions and obtain information on regional weather conditions from external information centers.

3. The local natural hazard advisors support the executing organizations and the municipal natural hazard commission.

4. The natural hazard advisors are elected by the municipal council for a term of office of four years.

Responsibilities and Competencies of the Municipal Natural Hazard Service (KND)

1. The implementation of the measures is carried out by the executing organizations.

2. In the case of flood events and forest fires, these are specifically the fire brigade, supported by the responsible departments of the municipality of Glarus Nord.

3. For other natural hazard processes such as debris flows, avalanches, rockfalls, landslides, and storms, these are the responsible departments of the municipality of Glarus Nord, which can be supported by the fire brigade.

Responsibilities and Competencies of the Municipal Natural Hazard Service (KND)

1. The chairperson of the municipal natural hazard commission shall ensure that all members of their commission are trained or will be trained in accordance with their duties.

Liability and Insurance

1. In exercising the duties of the natural hazard services of the municipality of Glarus Nord, their members assume no liability or responsibility for people, animals, and goods for any damages that may arise from natural events. The Law on the Liability of Public Entities and their Officials of the Canton of Glarus (State Liability Act) remains reserved.

2. In accordance with the Law on the Liability of Public Entities and their Officials of the Canton of Glarus, the municipality correspondingly assumes liability for personal injury and property damage caused by members and auxiliary staff to third parties in the exercise of their function.

Liability and Insurance

1. The municipality shall conclude the necessary liability and legal protection insurance policies for all members and auxiliary staff of the natural hazard service.

Finanzielles

1. The municipality shall compensate the members of the Natural Hazard Commission as follows

a) Members of the municipal Natural Hazard Commission who receive an annual salary from the Municipality of Glarus Nord shall perform their duties within the scope of their employment. External members of the municipal Natural Hazard Commission shall be compensated in accordance with the Salary Ordinance of the Municipality of Glarus Nord;

b) On-call duty ordered by the Chairperson of the Natural Hazard Commission shall be compensated in accordance with the corresponding regulation of the Municipality of Glarus Nord;

c) External natural hazard specialists shall be compensated on a mandate basis.

Finanzielles

1. The costs associated with measures ordered by the municipal management organization or municipal natural hazard commission are generally borne by the municipality. The municipality may pass on these costs to private individuals or organizations if the measures are in their interest.

2. If no agreement is reached on the bearing of costs, the municipal council shall decide thereon by way of an order (Verfügung).

3. The municipality shall not assume any costs for loss of business due to evacuations or closures.

4. The municipality shall not assume any costs arising from the accommodation of evacuees in buildings not owned by the municipality.

5. The municipality shall bear the court costs for any lawsuits brought against members and auxiliary forces of the natural hazard services, which are based on their activities in the municipal natural hazard service.

Self-Responsibility and Violation

1. The directives of the natural hazard service of the municipality of Glarus Nord and its executing bodies do not relieve the population and guests of their personal responsibility.

2. Everyone is obliged to acquire the most basic knowledge about natural hazards and to take all reasonable precautionary measures.

3. Operators of facilities and works, as well as organizers of any outdoor activities in endangered areas, are solely responsible for the safety of their customers or guests.

Self-Responsibility and Violation

1. The instructions of the municipal leadership organization and the municipal natural hazard commission must be followed.

2. Anyone entering closed roads, paths, or areas at risk of avalanches or other natural hazards does so at their own risk.

3. Any person resisting evacuation remains in the danger zone at their own risk.

Schlussbestimmungen

1. The Municipal Council shall issue more detailed provisions regarding the organization (organigram) and the duties (terms of reference). It shall approve the regulations and the terms of reference as well as their amendments.

2. The terms of reference shall be supplemented by the Water Intervention Plan (WIP) and the associated documents. These form a collection of tools and checklists for assessing hazard situations, for ordering and implementing measures, for event management, and for documenting events and the decisions and measures taken.

3. The terms of reference may be supplemented by further documents regulating the handling of other natural hazards, storms, and forest fires.

4. The documents supplementing the terms of reference shall be issued by the municipal Natural Hazards Commission.

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