Chapter 7.05
CIVIL DISTURBANCES
Sections:
Article I. Large Assemblages
Article II. Emergency Proclamations
7.05.080 Statutory determination.
Article I. Large Assemblages
7.05.010 Picketing.
(1) It shall be unlawful for any person, in or upon any public street, alley or public place in the city of Biggs, to make any loud or unusual noise, or to speak in a loud or unusual tone, or to cry out or proclaim, for the purposes of inducing or influencing, or attempting to induce or influence, any person to refrain from entering any works or factory or any place of business or employment, or for the purpose of inducing or influencing, or attempting to induce or influence, any person to refrain from purchasing or using any goods, wares, merchandise or other article or articles, or for the purpose of inducing or influencing or attempting to induce or influence, any person to refrain from doing or performing any service or labor in any works, factory, place of business or employment, or for the purpose of intimidating, threatening or coercing any person who is performing, seeking or obtaining service or labor in any works, factory, place of business or employment.
(2) It shall be unlawful for any person in or upon any public street, alley or public place in the city of Biggs to accost, stop or interfere with any person for the purpose of inducing or influencing, or attempting to induce or influence, any person to refrain from entering any works or factory or any place of business or employment, or for the purpose of inducing or influencing, or attempting to induce or influence, any person to refrain from purchasing or using any goods, wares, merchandise or other article or article or for the purpose of inducing or influencing, or attempting to induce or influence, any person to refrain from doing or performing any service or labor in any works, factory, place of business or employment, or for the purpose of intimidating, threatening or coercing any person who is performing, seeking or obtaining service or labor in any works, factory, place of business or employment.
(3) It shall be unlawful for any person upon any public street, alley or public place in the city of Biggs to offer or give to any person any handbills or printed matter defamatory in character or containing matters that intend to incite violence or disorder, or to disturb or spread upon the streets, alleys or public places any handbills or printed matter that intends to incite violence or disorder.
(4) It shall be unlawful for any person upon any public street, alley or public place in the city of Biggs to parade, march or walk in front of any works, factory, or place of business or employment carrying signs or banners containing defamatory matter or words that would tend to cause riots or disorder.
(5) Nothing in this section shall prohibit or restrain, or is intended to prohibit or restrain, any peaceable picketing and nothing herein shall limit the right of any organization to picket peaceably any works, factory, place of business or employment in which or because of which industrial disputes exist; and provided further, that “peaceable picketing” as mentioned in this section shall not, and does not, include large assemblages of persons in groups, or the parading, walking or marching in front of any works, factory, place of business or employment by numbers of persons carrying signs or banners, or numbers in excess of the number required to convey the information to be conveyed by such signs or banners, or to permit such numbers as would interfere or block the normal use of the said streets, alleys, sidewalks and public places by vehicles or pedestrians.
(6) Violation of this section or any part hereof shall constitute a misdemeanor and shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. [Ord. 83 §§ 1 – 6, 1938]
7.05.020 Public assemblies.
(1) It shall be unlawful for any group of persons to assemble together on either the public streets of the city of Biggs or in public parks or property for the purpose of conducting meetings where speaking is done or entertainment provided or goods or merchandise sold or offered for sale, or where such group in anywise tends to block or interfere with traffic or in anywise disturbs peace or interferes with the normal use of said streets, parks or public places, unless they shall first obtain a written permit from the chief of police of the city of Biggs at least five days before the date of such proposed meeting.
(2) For the purpose of this section, 10 or more persons assembled together for any of the above purposes in either the streets of Biggs or the public parks and other public places of Biggs shall be deemed to constitute an unlawful assembly within the meaning of this section.
(3) The chief of police of the city of Biggs is hereby authorized to issue a permit for the holding of an assembly on either the streets of Biggs or in the public parks and other public places when there has first been submitted to him that such assembly will not block or interfere with traffic or in anywise disturb the ordinary and customary use of said streets, parks and public places. Said permit shall designate the time and place of such meeting and shall authorize the holding of such meeting under terms and conditions as set forth in said permit.
(4) Violation of this section shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. [Ord. 84 §§ 1 – 4, 1938]
Article II. Emergency Proclamations
7.05.030 Actions authorized.
Whenever in the judgment of the mayor, or in the event of his inability to act the vice mayor, or in the event of his inability to act the police commissioner, or in the event of his inability to act any councilman, or in the event of his inability to act the chief of police and thereafter any elected or appointed city official available to act determines that an emergency exists as a result of mob action, civil disobedience, war, invasion, rebellion, riot or natural disaster causing danger or injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:
(1) To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen, and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;
(2) To order the closing of any business establishments anywhere within the city for the period of the emergency, such businesses to include, but not limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms;
(3) To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic;
(4) To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city. [Ord. 170 § 1, 1970]
7.05.040 Effective when.
The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public. [Ord. 170 § 2, 1970]
7.05.050 Termination.
Any emergency proclaimed in accordance with the provisions of this article shall terminate upon the issuing of proclamation deeming that an emergency no longer exists. [Ord. 170 § 3, 1970]
7.05.060 Violations.
Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility or enforcing the proclamation of emergency authorized herein shall be deemed guilty of a misdemeanor. [Ord. 170 § 4, 1970]
7.05.070 Further orders.
In addition to the powers created above, the most senior official as enumerated above who proclaims the emergency can issue all orders which he deems eminently necessary for the protection of life and property including but not limited to the preventing of unauthorized persons from entering the city during such time as the curfew is in effect. [Ord. 170 § 6, 1970]
7.05.080 Statutory determination.
A proclamation made pursuant to this article shall constitute a calamity under Penal Code Section 409.5 and be authority for the chief of police to take the steps therein provided and authorized and pursuant to authority of this article and the chief’s power shall be construed to extend to cover, in addition to the calamities enumerated in said section, riot, unlawful assembly and rebellion. [Ord. 170 § 7, 1970]