As used in this chapter, the following terms shall have the meanings
indicated:
CERTIFICATION OF EMERGENCY
The certification by the senior duty officer of the Police Department
that the town or any part thereof is in imminent danger of suffering civil
disturbance, disorder, riot or other occurrence which will generally, seriously
and substantially endanger the lives, safety, health or property of the public,
and that the available members of the Police Department are unable to control
the situation without possible injury to persons in the town or such part
thereof as may be designated in the certificate.
SENIOR ELECTED OFFICIAL
The Mayor, Vice Mayor, Secretary of the Town Council and any other
member of Town Council in that order who is present in the town.
The Senior Elected Official is empowered and authorized, upon receipt
of a certification of emergency and his finding that the town or any part
thereof is in imminent danger of suffering civil disturbance, disorder, riot
or other occurrence which will generally, seriously and substantially endanger
the lives, safety, health or property of the public, to proclaim or declare
a state of emergency and to do all things necessary to place in effect any
or all of the following measures throughout the town or any part thereof:
A. Prohibit or limit to 10 or more the number of persons
who assemble or gather in a group on public streets, parks or other open areas,
either public or private, except for recreational purposes at a usual or customary
place.
B. Prohibit the sale, transfer, possession or use of gasoline,
kerosene or combustible, inflammable or explosive liquid or materials in containers
of any kind.
C. Establish a curfew, and to prohibit any person from being
on public streets, public parks or any other public places designated during
the hours declared by the Senior Elected Official to be a period of curfew,
except for those persons who are caused to be in public places by reason of
their employment or a private emergency involving health, safety or protection
of property.
D. Halt or restrict access or egress, on foot or by vehicle,
upon public highways to or from the town or any part thereof, and to halt
or restrict the movement of trains, automobiles, buses, trucks or other vehicles
into, within or from the town.
E. Require the closing of taprooms and bars, and prohibit
the sale or service of alcoholic beverages in any taproom, bar, hotel, restaurant,
club or other establishment.
F. Prohibit the possession of firearms or any other deadly
weapon by a person in a place other than that person's place of residence
or business. The provisions of this subsection shall not apply to members
of the armed forces of the United States of America, the Delaware National
Guard or any law enforcement officers.
The state of emergency declared by the Senior Elected Official shall
exist for the period set forth in the proclamation or declaration, but not
in excess of seven days. However, the state of emergency may be extended for
additional periods of seven days. The Senior Elected Official may terminate
the state of emergency or modify its provisions prior to the time set forth
in his declaration or proclamation.
Any person who violates any prohibition established by the Senior Elected
Official in a declaration of a state of emergency under the authority of this
chapter shall be fined not less than $10 nor more than $50, or imprisoned
up to 30 days, or both.