[Code 1985 § 7-36; Code 2005 § 30-31]
Emergency police powers shall be placed in the hands of the chairman of the Board of Commissioners which powers shall be exercised only in the event of an emergency as contemplated in §
7-3 and shall only be exercised for such periods of time as the actual emergency exists. Such powers shall only be invoked after a declaration and proclamation of an emergency as provided in this article.
[Code 1985 § 7-37; Code 2005 § 30-32]
The chairman of the Board of Commissioners shall have the power
to declare an emergency to exist as authorized in this article when,
in his opinion, one or more of the following conditions exist:
(1) An extreme likelihood of danger of destruction of life or property
due to unusual conditions;
(2) Unusual or extreme weather conditions, making use of City streets
or areas difficult or impossible;
(3) Civil unrest, commotion or uprising is imminent or exists; or
(4) A stoppage or loss of public utility service affecting a major portion
of the City.
[Code 1985 § 7-38; Code 2005 § 30-33]
If the conditions stated in §
7-3 are found to exist, the emergency shall be declared in a proclamation of the chairman of the Board of Commissioners, which proclamation shall be delivered to the chief of police, and/or chief of the fire department, who shall then see that the proclamation is delivered to all news media within the City and who shall also use public address systems throughout the City and immediately notify the public of the proclamation and that violators will be arrested and subject to penalty. The proclamation shall specify with exactness the area in which the emergency is declared to exist and shall become effective upon its issuance and dissemination to the public by the appropriate news media.
[Code 1985 § 7-39; Code 2005 § 30-34]
After declaration of an emergency as provided in §
7-4, the chairman of the Board of Commissioners shall have the authority to exercise any or all of the following powers:
(1) Calling upon regular and auxiliary enforcement agencies and organizations
within or without the City to assist in preserving and keeping the
peace and the preservation of life, health, safety, welfare and property
of the citizens of the City.
(2) Closing streets, sidewalks, public ways and/or to delineate areas
within the City wherein an emergency exists.
(3) Imposing a curfew upon all or any portion of the City thereby requiring
all persons in such designated curfew areas to forthwith remove themselves
from the public streets, alleys, parks or other public places; provided,
however, that physicians, nurses, ambulance operators performing medical
services, utility personnel maintaining essential public services,
firefighters and City authorized enforcement officers and personnel
may be exempted from such curfew.
(4) Ordering the closing of any business establishments anywhere within
the City for the period of the emergency.
(5) Doing any and all acts necessary and incidental to the preservation
of life, health, safety, welfare and property within the City.
[Code 1985 § 7-40; Code 2005 § 30-35]
Any emergency proclaimed in accordance with the provisions of
this article shall terminate 48 hours from the issuance thereof or
upon the issuance of a proclamation determining an emergency no longer
exists, whichever occurs first. However, upon declaration of a second
or further emergency to exist the emergency powers set forth in this
chapter may be exercised during such further emergency period but
never for more than 48 hours in one declared emergency period.