[HISTORY: Adopted by the Mayor and Common Council of the City of
Westminster as Ch. 5 of the 1972 Code, as amended through 1990. Subsequent
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.
In the event of an existing or threatened state of emergency
endangering the lives, safety, health and welfare of the people within the
City or threatening damages 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 City, to place in effect any or all
of the prohibitions and restrictions authorized by this chapter.
B.
The Mayor is hereby authorized and empowered to limit
by such proclamation the application of all or any part of such prohibitions
and restrictions to any area specifically designated or described within the
City and to specific hours of the day or night and to exempt from all or any
part of such prohibitions and restrictions law enforcement officers, firemen
and other public officers and 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
operated for profit; and such other classes or 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 City.
During the existence of a proclaimed state of emergency, the Mayor may
impose, by proclamation, any or all of the following prohibitions and restrictions:
A.
Prohibit or regulate the possession on 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.
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.
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.
Prohibit or regulate the sale or use of gasoline, kerosene,
naphtha or any other explosive or flammable fluids or substances.
E.
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.
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.
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 prohibition or 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 City to maintain law and order within the police
jurisdiction of the City 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 City 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 City.
The Mayor shall proclaim the end of such state of emergency or all or
any part of the prohibitions and restrictions imposed as soon as circumstances
warrant or when directed to do so by the Common Council.
