The following words, terms and phrases shall have the meanings
respectively ascribed to them for the purposes of this chapter:
Bomb.
Any can, bottle, box or other container, having therein a
chemical agent or a combination of chemical agents or other substances
with a means installed to activate such substances which, when activated,
will cause fire or explosion.
Civil emergency.
Any of the following conditions or situations existing or
occurring within the town:
A.
Any use of force or violence, or any threat to use force or violence, if accompanied by the immediate power of execution, which threatens to result in acts described in subsection
D of this definition by three (3) or more persons acting together, and without authority of law, which cannot be controlled or stopped under existing conditions and authority, is a riot and a civil emergency;
B.
Unlawful assembly consisting of three (3) or more persons assembling together with intent to do any unlawful act described in subsection
D of this definition with force or violence against the person or property of another, and make any overt act to carry out such unlawful purpose, or who do a lawful act in an unlawful, violent or tumultuous manner, which cannot be controlled or stopped under existing conditions or authority;
C.
A natural disaster or a manmade calamity, including, but not
limited to, flood, conflagration, cyclone, tornado, earthquake or
explosion occurring within or affecting property, within the town
limits which endangers life and property to such extent that extraordinary
measures must be taken to protect the public health, safety and welfare;
D.
Unlawful activities, such as looting, arson, firebombing, sniping,
interference with emergency vehicles or widespread criminal damage
to property, which in the opinion of the mayor, based upon consultation
with the chief of police, the chief of the fire department and the
town manager, cannot be controlled nor stopped under existing conditions
and authority without unduly further endangering life or property.
Curfew.
That period of time, as declared by the mayor, during which
no person shall be upon the public streets, sidewalks, grounds or
semipublic property, either on foot or in vehicles of any type, within
the town; except, however, that persons authorized by the mayor by
administrative order shall not be subject to the curfew.
Mayor.
The mayor of the Town of Taos, or his designated representative.
Molotov cocktail.
A bottle or other type container, containing gasoline or
any other inflammable matter to which has been inserted or attached
a fuse type wick or any similar contrivance.
(1981 Code, sec. 7-1; editorially
amended during 1998 codification)
Whenever the mayor, after consultation with the chief of police, the chief of the fire department and the town manager, shall find that a civil emergency exists, as defined in section
2.04.010 of this chapter, and that invocation of the extraordinary powers conferred by this section is necessary to ensure or to restore the public peace, he shall forthwith proclaim in writing the existence of such emergency. Upon such determination the mayor is empowered to exercise any of the following extraordinary powers and to invoke any or all of the following provisions:
A. To declare
hours of curfew upon all or any portion of the town thereby requiring
all persons in such designated curfew areas to forthwith remove themselves
from the public streets, alleys, parks or other public or semipublic
places. The curfew shall be declared by proclamation which shall be
delivered to the chief of police, who shall see that copies thereof
are delivered to all news media within the town and who shall also
use public address systems to notify the public of said proclamation
and curfew hours and to warn the public that violation of said curfew
constitutes a misdemeanor and violators are subject to arrest;
B. To close
any and all streets, alleys and other public ways in the town to the
public whenever it is necessary for the preservation of life and property
and the maintenance of law and order;
C. Order
the closing of all retail package liquor stores and outlets;
D. Order
the closing of all bars and other establishments selling intoxicating
liquor or beer by the drink;
E. Order
the discontinuance of the selling, distributing or giving away of
gasoline or other liquid flammable or combustible products by delivery
thereof to any container other than a gasoline tank properly affixed
to a motor vehicle, said sale to be limited to not more than one gallon
per motor vehicle, or in the alternative, 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;
F. Order
the discontinuance of selling, distributing, dispensing or giving
away of any firearms or ammunition of any character whatsoever, or
in the alternative, order the closing of all establishments or portions
thereof where arms or ammunition are kept for sale or distribution;
G. Issue
such other orders as are imminently necessary for the protection of
life and property.
(1981 Code, sec. 7-3; editorially
amended during 1998 codification)
All orders issued pursuant to section
2.04.020 of this chapter regulating or prohibiting the conduct of business shall be delivered to the chief of police, who shall forthwith inform the operators or persons in charge of the businesses affected of such order and advising them that failure to comply with the order constitutes a violation of this chapter for which they may be arrested.
(1981 Code, sec. 7-4)
Any emergency proclaimed in accordance with the provisions of
this chapter shall terminate forty-eight (48) hours from the issuance
thereof, or upon the issuance of a proclamation by the mayor determining
an emergency no longer exists, whichever occurs first; provided, however,
that such emergency proclamation may be terminated by the town council
prior to the expiration of said forty-eight (48) hours or may be extended
for such additional periods of time as may be deemed necessary by
the town council.
(1981 Code, sec. 7-5)
Every person remaining present at the place of any riot or unlawful assembly described in subsection A or B of the definition of “civil emergency” in section
2.04.010 of this chapter except those public officers and other persons assisting them in attempting to disperse the same, after having been ordered to disperse by the police or any other lawful authority, shall be deemed guilty of a violation of this chapter.
(1981 Code, sec. 7-6)
No person shall make, carry, possess or use any type of Molotov
cocktail, gasoline bomb or any other type of bomb within the corporate
limits of the town.
(1981 Code, sec. 7-7)