[HISTORY: Adopted by the Town Council of
the Town of Stanley 10-10-1973 as Ch. 5 of the 1973 Code. Amendments noted where applicable]
For the purposes of this chapter, a state of
emergency shall be deemed to exist whenever, during times of great
public crisis, disaster, rioting, catastrophe or similar public civil
emergency, for any reason, municipal public safety authorities are
unable to maintain public order or afford adequate protection for
lives or property.
A.Â
In the event of an existing or threatened state of
emergency endangering the lives, safety, health and welfare of the
people within the Town or threatening damage to or destruction of
property, the Mayor is hereby empowered to issue a public proclamation
declaring to all persons the existence of such a state of emergency,
and, in order to more effectively protect the lives and property of
people within the Town, to place in effect any or all of the restrictions
authorized by this chapter.
B.Â
The Mayor is hereby authorized and empowered to limit
by such proclamation the application of all or any part of such restrictions
to any area specifically designated or described within the Town and
to specific hours of the day or night; and to exempt from all or any
part of such restrictions law enforcement officers, firemen and other
public employees, doctors, nurses, employees of hospitals and other
medical facilities; on-duty military personnel, whether state or federal;
on-duty employees of public utilities, public transportation companies
and newspaper, magazine, radio broadcasting and television broadcasting
corporations; and such other classes of persons as may be essential
to the preservation of public order and immediately necessary to serve
the safety, health and welfare needs of the people within the Town.
During the existence of a proclaimed state of
emergency, the Mayor may impose by proclamation any or all of the
following restrictions:
A.Â
Prohibit or regulate the possession off one's
own premises of explosives, firearms, ammunition or dangerous weapons
of any kind, and prohibit the purchase, sale, transfer or other disposition
thereof.
B.Â
Prohibit or regulate the buying or selling of beer,
wine or intoxicating beverages of any kind and their possession or
consumption off one's own premises.
C.Â
Prohibit or regulate any demonstration, parade, march,
vigil or participation therein from taking place on any of the public
ways or upon any public property.
D.Â
Prohibit or regulate the sale or use of gasoline,
kerosene, naphtha or any other explosive or flammable fluids or substances.
E.Â
Prohibit or regulate travel upon any public street
or upon any other public property, except by those in search of medical
assistance, food or other commodity or service necessary to sustain
the well-being of themselves or their families or some member thereof.
F.Â
Prohibit or regulate the participation in or carrying
on of any business activity and prohibit or regulate the keeping open
of places of business, places of entertainment and other places of
public assembly.
G.Â
Establish hours during which a curfew shall be in
effect.
Any proclamation of emergency promulgated pursuant
to this chapter may be extended, altered or rescinded in any particular
during the continued or threatened existence of a state of emergency
by the issuance of a subsequent proclamation.
During the existence of a proclaimed state of
emergency, it shall be unlawful for any person to violate any provision
of any restriction imposed by any proclamation authorized by this
chapter.
If, in the sound discretion of the Mayor, it
shall appear that the emergency is, or that the threatened emergency
is likely to be, of such proportions that the means available to the
Town to maintain law and order within the police jurisdiction of the
Town are insufficient for such purpose, the Mayor shall promptly and
by the most expeditious means of communication inform the Governor
of the situation and request that the necessary police or military
forces of the state be provided promptly; and if, during an actual
state of emergency, the Mayor shall find that the civil courts within
the police jurisdiction of the Town are unable to perform their lawful
duties and that, by reason of widespread lawlessness, writs and other
process cannot be served or executed, the Mayor shall inform the governor
of his findings and may recommend to him that a state of martial law
be proclaimed within the police jurisdiction of the Town.
The Mayor shall proclaim the end of such state
of emergency or all or any part of the restrictions imposed as soon
as circumstances warrant or when directed to do so by the Town Council.
