[1]
Cross Reference — Ordinance violations concerning public
peace, §210.205 et seq.
[CC 1984 §8-41]
For the purposes of this Article, the following terms shall
have the meanings respectively ascribed to them:
A riot or unlawful assembly characterized by the use of force
or violence, civil commotion or uprising or any natural or manmade
disaster or calamity; or imminent danger of any of the foregoing.
The Mayor of the City or, in his/her absence or inability
to act, the Mayor Pro Tem.
[CC 1984 §8-42]
When in the judgment of the Mayor a civil emergency is deemed
to exist, he/she shall forthwith proclaim in writing the existence
thereof.
[CC 1984 §8-43]
Any proclamation of a civil emergency shall be promptly communicated
to all available news media for dissemination to the public, and the
original thereof shall be filed in the office of the City Clerk.
[CC 1984 §8-44]
After the proclamation of a civil emergency by the Mayor, he/she
may order a general curfew applicable to such geographical areas of
the City or to the City as a whole as he/she may deem advisable, and
the curfew shall be applicable during the hours of the day or night
as he/she may deem necessary in the interest of public safety and
welfare. In the designated areas and during the designated hours of
any such curfew, all persons shall remove themselves to and remain
in their places of residence, remain off and away from the public
streets, sidewalks, parks and all other public or open places; and
no persons shall loiter or gather together in groups at any place
for any purpose whatsoever; provided, that persons performing medical
services, essential public utility services, public officials, Law
Enforcement Officers, firemen and other persons officially designated
to perform some duty with reference to the civil emergency are exempt
from the curfew.
[CC 1984 §8-45]
A.
After
the proclamation of a civil emergency, the Mayor shall, in addition
to all other powers granted to him/her by the laws of the State, this
Code and other ordinances of the City, be empowered in the interest
of the public safety and welfare and to preserve the peace and order
of the City, to exercise any or all of the powers hereinafter granted,
as follows:
1.
To order all Policemen, auxiliary Policemen, firemen and any other
City employee to report for immediate duty as he/she may direct;
2.
To order the closing of any and all business establishments throughout
the City or any portion thereof during the period for which the civil
emergency exists or during the hours of curfew;
3.
To order a reduction in the use of all utilities throughout the City
during the state of civil emergency;
4.
To order the discontinuance of the selling, distributing, dispensing
or giving away of any firearms or other weapons of any character whatsoever;
5.
To order the closing of any and all establishments or portions thereof
which may be engaged in the sale, distribution, dispensing or giving
away of firearms, ammunition or other weapons of any character whatsoever;
6.
To order the closing of all retail and wholesale liquor stores, taverns
and other places dispensing, serving or permitting the consumption
of intoxicating liquors or non-intoxicating beer;
7.
To order the discontinuance of the sale, distribution or giving away
of intoxicating liquor or non-intoxicating beer;
8.
To order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating liquor or non-intoxicating beer is
permitted;
9.
To order the discontinuance of the selling, distribution or giving
away of gasoline or other flammable liquids or combustible products
in any container other than a gasoline tank properly affixed to a
motor vehicle;
10.
To order the closing of gasoline stations and other establishments
engaged in the sale, distribution or dispensing of gasoline or other
flammable liquids or combustible products;
11.
To order any public place or building, public street or alley, sidewalk,
parking area and any other place closed to motor vehicles, persons
and pedestrian traffic; and
12.
To order the doing of or refraining from all acts necessary and incidental
to the protection of life and property.
[CC 1984 §8-46]
A proclamation issued in accordance with the provisions of this
Article shall remain in effect continuously from the date and time
of the issuance thereof for such a period of time as may specifically
be prescribed therein or upon the issuance of a proclamation determining
the civil emergency no longer exists, whichever occurs first; provided,
the City Council shall have the power to terminate civil emergency
at any time.
