CHAPTER 92
CIVIL EMERGENCIES
Section
92.02 Proclamation of emergency by Mayor
92.03 Imposition of restrictions during state of emergency
92.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force, if accompanied by immediate power to execute such force by three or more persons acting together without authority of law or any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
(’73 Code, § 7-1) (Ord. 12-70, passed - -70)
92.02 PROCLAMATION OF EMERGENCY BY MAYOR.
When in the judgement of the Mayor a civil emergency, as defined in § 92.01, is deemed to exist, he shall forthwith proclaim in writing the existence of the same. In case of the absence or incapacity of the Mayor, the Police Commission, composed of the Chief of Police and two Council members, shall be authorized to act in his stead.
(’73 Code, § 7-2) (Ord. 12-70, passed - - )
92.03 IMPOSITION OF RESTRICTIONS BY MAYOR.
(A) After the proclamation of a civil emergency by the Mayor, he may order a general curfew to prohibit any person from walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, except persons officially designated to duty, with reference to such civil emergency. Such curfew shall be applicable to such geographical areas of the city or to the city as a whole, as the Mayor deems advisable, and shall be applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. (’73 Code, § 7-3)
(B) After the proclamation of a civil emergency, the Mayor may also in the interest of public safety and welfare make all or any of the following orders:
(1) Order the closing of all retail liquor stores.
(2) Order the closing of all taverns.
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted.
(4) Order the discontinuance of the sale of beer.
(5) Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
(7) Order the discontinuance of selling, distributing, dispensing or giving away of firearms or ammunition.
(8) Issue such other orders as are imminently necessary for the protection of life and property. (’73 Code, § 7-4)
(C) During the period of a declared state of emergency, the Mayor shall have the power to invoke any or all of the following provisions:
(1) No person shall consume any alcoholic beverages in a public street or place which is publicly owned, or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
(2) No person shall carry or possess any rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another.
(3) No person shall make, carry, possess or use any type of “Molotov Cocktail,” gasoline or petroleum base fire bomb or other incendiary missile.
(4) No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or his duly designated representative, or such person shall prove residence therein. (’73 Code, § 7-5)
(Ord. 12-70, passed - - ) Penalty, see § 10.99