Chapter 10.60 CITY MANAGER’S EMERGENCY POWERS

Chapter 10.60
CITY MANAGER’S EMERGENCY POWERS

Sections:

10.60.010 Proclamation of civil emergency.

Whenever riot, unlawful assembly, or insurrection, natural disaster, nuclear disaster, accidental disaster, or the imminent threat thereof, occur in the city and result in, or threaten to result in, the death or injury of persons or the destruction of property to the extent as to require, in the judgment of the city manager, extraordinary measures to protect the public peace, safety and welfare, the city manager shall forthwith proclaim in writing the existence of a civil emergency. (Ord. 2122 § 1, 1983).

10.60.015 City council confirmation.

Whenever the city manager proclaims a civil emergency as provided in LMC 10.60.010, said city manager shall, at the earliest practical time, not to exceed 24 hours, inform the mayor or mayor pro tem of the city, with the request that an immediate city council meeting be conducted to consider the ratification and confirmation of all orders of such civil emergency. Any orders not so ratified and confirmed shall, immediately after such city council meeting, have no further force or effect. (Ord. 2122 § 1, 1983).

10.60.020 Additional orders.

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

(1) An 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;

(2) An order requiring any or all business establishments to close and remain closed until further order;

(3) 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 these 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 city manager, be allowed to remain open;

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

(5) 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;

(6) An order closing to the public or restricting the use of any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;

(7) An order prohibiting the carrying or possession of any instrument other than firearms which is capable of producing bodily harm and which is carried or possessed with 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 the official duties;

(8) 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. 3223 § 2, 2012; Ord. 2122 § 1, 1983).

10.60.030 Delivery to news media.

The city manager 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. (Ord. 2122 § 1, 1983).

10.60.040 Failure to obey.

A person is guilty of failure to obey city manager’s emergency order when he knowingly violates any order issued under authority of this chapter. (Ord. 2122 § 1, 1983).