The Mayor shall have the following extraordinary powers during
a civil emergency:
A. When, in the judgment of the Mayor, a civil emergency, as defined
hereinafter, is deemed to exist, he or she shall forthwith proclaim
in writing the existence of same. He or she shall cause such proclamation
to be forthwith published at least once in a newspaper circulating
within the City or if, in his or her judgment, such publication is
not practicable, he or she shall cause the notice thereof to be given
to the public in such manner as he may deem proper.
B. After proclamation of a civil emergency by the Mayor, he or she may
order a general curfew as hereinafter defined, applicable to such
geographical areas of the City or to the City as a whole, as he or
she deems advisable, and also applicable during such hours of the
day or night as he or she deems necessary in the interest of the public
safety and welfare.
C. After proclamation of a civil emergency, the Mayor may also, in the
interest of public safety and welfare, issue any or all of the following
orders:
(1) Order the closing of all retail liquor stores.
(2) Order the closing of all taverns or portions thereof where intoxicating
beverages are consumed, sold or distributed.
(3) Order the closing of all private clubs or portions thereof wherein
the consumption of intoxicating beverages is permitted.
(4) Order the discontinuance of the sale, distribution or consumption
of intoxicating beverages.
(5) Order the discontinuance of selling, distributing or giving away
of gasoline or other flammable or combustible products in any container
other than a gasoline tank as is customarily affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution or dispensing
of liquid flammable or combustible products.
(7) Order the discontinuance of selling, distributing, dispensing or
giving away of firearms or ammunition of any character whatsoever.
(8) Order the closing of any or all establishments or portions thereof,
the chief activity of which is the sale, distribution, dispensing
or giving away of firearms or ammunition.
(9) Issue such other orders as he or she deems to be imminently necessary
for the protection of life and property.
D. Definitions. As used in this article, the following terms shall have
the meanings indicated:
CIVIL EMERGENCY
(1)
A riot or unlawful assembly characterized by the use of actual
force or violence or any appearance or threat to use force by three
or more persons acting together without authority of law.
(2)
Any national disaster or man-made calamity, including, but not
limited to, flood, conflagration, cyclone, tornado, earthquake or
explosion, within the City likely to result in, or actually resulting
in, death or injury of persons or destruction of property to such
an extent that, in the Mayor's judgment, extraordinary measures must
be taken to protect the public health, safety and welfare.
CURFEW
A prohibition against any person or persons walking, running,
loitering, standing, motoring, riding or being upon any alley, street,
highway, public or quasi-public place or vacant premises within the
City, except persons officially designated by the Mayor or his or
her representatives for duty with reference to said civil emergency
and such other persons as the Mayor may, in the public interest, designate.
Every person shall promptly obey every order issued as aforesaid
upon receiving notice thereof.
Any person, firm or corporation who shall violate any order
issued as aforesaid may be immediately apprehended by the Mayor or
any police officer, and such violator, upon conviction, shall be punished
by a fine not to exceed $500 for the first offense and not to exceed
$2,000 for a second or subsequent offense, or imprisonment for a term
not to exceed 90 days, or both, at the discretion of the court. In
addition thereto, the Mayor may cause such measures to be taken at
the expense of the violator to compel obedience to any order issued
by him or her as aforesaid.