[HISTORY: Adopted by the President and Board of Trustees
of the Village of Granville 3-19-2020 by Ord. No. 718. Amendments noted where applicable.]
A.
CURFEW
EMERGENCY
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A prohibition against any person walking, running, loitering,
standing or motoring upon any alley, street, highway, public property
or vacant premises within the corporate limits of the Village except
officials of any governmental unit and persons officially designated
to duty with reference to said civil emergency.
(1) A riot or unlawful assembly characterized by the use
of actual force or violence or any threat to use force if accompanied
by immediate power to execute by three or more persons acting together
without authority of law; or (2) any natural disaster, epidemic, or
man-made calamity, including outbreak of disease, flood, conflagration,
cyclone, tornado, earthquake or explosion, or eminent threat of any
of those events within the corporate limits of the Village, resulting
in or threatening the death or injury of persons or the destruction
of property to such an extent that extraordinary measures must be
taken to protect the public health, safety and welfare.
B.
Declaration. Whenever an emergency, as defined in Subsection A of this section exists, the Village President is authorized to declare the existence of a local state of emergency by means of a written declaration of the Village President, under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a local state of emergency exists in accordance with the definitions set forth in this section. This declaration must be filed with the municipal clerk as soon as practicable after issuance.
C.
Curfew authorized. After proclamation of a local state of emergency
by the Village President, he or she may order a general curfew applicable
to such geographical areas of the Village or to the Village as a whole,
as he or she deems reasonable and advisable, and applicable during
such hours of the day or night as he or she deems necessary in the
interest of the public safety and welfare.
D.
Orders authorized. After the proclamation of a local state of emergency,
the Village President may also, in the interest of public safety and
welfare, and to address the issues caused/threatened by the emergency,
make/take any or all of the following actions by executive order during
the state of emergency:
(1)
All actions reasonably necessary to respond to the emergency;
(2)
Approve previously appropriated expenditures of the Village for the
purpose of continuing the operations of the municipality;
(3)
In the event the local state of emergency extends beyond the current
fiscal year and a new budget has not been approved, the Village President
shall be authorized to approve new spending by the Village during
the existence of the local state of emergency;
(4)
Order the closing of all retail liquor stores, including taverns
and private clubs or portions thereof wherein the consumption of intoxicating
liquor and beer is permitted;
(5)
Order the discontinuance of the sale of alcoholic liquor by any wholesaler
or retailer;
(6)
Order the discontinuance of selling, distributing or giving away
gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle;
and
(7)
Order the discontinuance of selling, distributing, dispensing or
giving away of any firearms or ammunition of any character whatsoever.
E.
Duration. The declaration herein authorized shall be effective for
a period of up to 30 days or until the adjournment of the next regular
or special meeting of the Board of Trustees, whichever comes first,
unless sooner terminated by a proclamation of the Village President,
or his or her interim emergency successor, indicating that the civil
emergency no longer exists. The Village President or his or her interim
emergency successor shall have the power to re-proclaim the existence
of an emergency at the end of each thirty-day period during the time
said emergency exists.
F.
Notice. Upon issuing the proclamation herein authorized, the municipal
clerk shall notify the news media situated within the Village, and
shall cause at least four copies of the proclamation declaring the
existence of the emergency and any curfew to be posted at the following
places within the Village: the Village hall, the police station, the
post office, and in the area of any curfew.
G.
Violations. Any person violating the provisions of this section or executive orders issued pursuant hereto shall be guilty of an offense against the Village and shall be punished as provided by § 200-20 of the Village Code.
H.
Effect on other ordinances. Nothing contained in this section shall
be construed to impair the powers contained in this Code, giving powers
to the police and fire departments, but shall be construed together
with existing ordinances now in effect for the safety and welfare
of the citizens of the Village.
This chapter shall be in full force and effect on March 19,
2020.
All ordinances and resolutions, or parts thereof, in conflict
with the provisions of this chapter are, to the extent of the conflict,
expressly repealed on the effective date of this chapter.
If any provision of this chapter or application thereof to any
person or circumstances is ruled unconstitutional or otherwise invalid,
such invalidity shall not affect other provisions or applications
of this chapter that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of
this chapter is severable.
