Chapter 9.40 MAYOR'S EMERGENCY POWERS

Chapter 9.40
MAYOR’S EMERGENCY POWERS

Sections:

9.40.010 Proclamation of civil emergency.

Whenever riot, unlawful assembly or insurrection, or the imminent threat thereof, occurs in 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 the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall forthwith proclaim in writing the existence of a civil emergency. (Ord. 2007-18 § 2).

9.40.020 Action which may be taken.

Upon the proclamation of a civil emergency by the mayor, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:

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

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

C. Any 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 from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open;

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

E. 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;

F. 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 affixed to a motor vehicle;

G 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 sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;

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

I. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers, or military personnel engaged in the performance of their official duties;

J. Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practicable time, be presented to the city council for ratification and confirmation, and if not so ratified and confirmed shall be void. (Ord. 2007-18 § 2).

9.40.030 Delivery to news media.

The mayor 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 proclamation to the public. (Ord. 2007-18 § 2).

9.40.035 Succession of city officers.

In the event that the mayor, or mayor pro tem, of the city is unavailable by reason of enemy attack or natural disaster to exercise the powers and duties of the office, then the members of the city council available for duty shall, by majority vote, select one of their members to act as the mayor of the city. In the event enemy attack or natural disaster reduces the members of the city council, then the members available for duty shall have full power to act by majority vote of those present. In the event any one city council member remains available, then he or she shall so act for the city as the mayor. (Ord. 2007-18 § 2).

9.40.040 Violation – Penalty.

It is a misdemeanor for anyone to fail or refuse to obey any such order proclaimed by the mayor. Anyone convicted of a violation of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both such fine and imprisonment. (Ord. 2007-18 § 2).