I. Offenses Against Public Officers and Government

Chapter 9.02
CIVIL EMERGENCIES

Sections:

9.02.010    Proclamation of civil emergency.

9.02.020    Orders during emergency.

9.02.030    Ratification, confirmation of orders.

9.02.040    Publication of proclamation.

9.02.050    Noncompliance deemed misdemeanor.

9.02.010 Proclamation of civil emergency.

The mayor, or if he or she is unavailable the president of the city council, shall proclaim in writing the existence of a civil emergency, when it appears under existing circumstances that riot, unlawful assembly, insurrection, pandemic, natural or manmade disaster or other disturbance or the imminent threat thereof occurs within the confines of the city and results in, or threatens to result in, the death or injury of persons, or the destruction of property to such extent as to require, in his or her judgment, extraordinary measures to protect the public peace, safety and welfare. (Ord. 3732-20 § 1, 2020: prior code § 6.70.010)

9.02.020 Orders during emergency.

Upon the proclamation of a civil emergency, the mayor, or if he is unavailable, the president of the city council, during the existence of such civil emergency, may make and proclaim any or all of the following orders:

A.    An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city as he deems necessary, and during such hours as he deems necessary, and he may from time to time modify the area or areas to which such a curfew shall apply, and the hours that such curfew will be in effect;

B.    An order requiring any or all business establishments to close and remain closed until further order;

C.    An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure for possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in his discretion, be allowed to remain open;

D.    An order requiring the discontinuance of sale, distribution, or giving away of alcoholic beverages in any or all parts of the city;

E.    An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and/or ammunition may, in his discretion, be allowed to remain open;

F.    An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;

G.    An order prohibiting the carrying or possession of firearms or any instrument which is capable of inducing bodily harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

H.    An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid, flammable or combustible products in any container (other than a gasoline tank properly fixed to a motor vehicle);

I.    An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;

J.    Such other orders as are imminently necessary for the protection of life and property. (Prior code § 6.70.020)

9.02.030 Ratification, confirmation of orders.

Any orders proclaimed pursuant to Section 9.02.020, shall, at the earliest practicable time, be presented to the city council for ratification and confirmation. Ratification and confirmation shall be by majority of the council then present and voting. If the orders are not so ratified and confirmed, the orders shall, after the vote, be void. The orders shall be considered in full force and effect until the city council shall act. (Prior code § 6.70.030)

9.02.040 Publication of proclamation.

The mayor, or president of the city council, shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within the city, and shall utilize such other available means, including public address systems, as shall be necessary, in his judgment, to give notice of such proclamations to the public. (Prior code § 6.70.040)

9.02.050 Noncompliance deemed misdemeanor.

It is unlawful for anyone to fail or to refuse to obey any order proclaimed pursuant to this legislation. Any person convicted of a violation of this section shall be guilty of a misdemeanor. (Prior code § 6.70.050)