City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak 5-18-1970 by Ord. No. 70-8. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management — See Ch. 63.
This chapter shall be known and may be cited as the "Civil Emergency Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
CIVIL EMERGENCY
Either:
A. 
A riot or unlawful assembly characterized by the use of actual force or violence, when criminal or lawless activity has suddenly and rapidly increased to the extent that it appears a riot is imminent.
B. 
A natural disaster or man-made calamity, including a flood, conflagration, cyclone, tornado, earthquake or explosion within the City resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures have to be taken to protect the public health, safety and welfare.
CURFEW
A prohibition against any person walking, running, loitering, standing or motoring upon an alley, street, highway, public property or vacant premises within the City excepting persons officially designated as not subject to such curfew.
A. 
When in the judgment of the Mayor, or in his absence or disability the Mayor Pro Tem or other designee who shall be an elected officer of the City, hereinafter referred to as "lawful designee," a civil emergency is deemed to exist, he shall forthwith proclaim in writing the existence of the civil emergency.
B. 
The existence of a civil emergency shall not be declared under this chapter because individuals or groups of individuals are engaged in concerted activities in a bona fide labor dispute and are using lawful means in pursuit of a lawful labor objective.
C. 
When the existence of a civil emergency is declared under this chapter, the Mayor or his lawful designee shall notify the Office of the Governor forthwith.
The Mayor or his lawful designee may then order a general curfew applicable to such geographical areas of the City or to the City as a whole, as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. No person who is not a resident of the City, as evidenced by a current address on his driver's license or other valid identification, shall be arrested or prosecuted for violation of a curfew without first being given a reasonable opportunity to continue through or otherwise leave the area which is under a state of civil emergency. Any person who is given a reasonable opportunity to leave such area and does not do so is subject to arrest and prosecution.
[Amended 1-24-2011 by Ord. No. 2011-02]
A. 
The Mayor or his lawful designee, proclaiming a civil emergency in the interest of public safety and welfare, may also make any of the following orders:
(1) 
Order the closing of all retail liquor establishments.
(2) 
Order the closing of all beer taverns.
(3) 
Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer or both is permitted.
(4) 
Order the discontinuance of the sale of beer.
(5) 
Order the discontinuance of selling, distributing, or giving away gasoline or other liquid flammable or other combustible products in any container other than a gasoline tank properly 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 the lawful sale or distribution of any explosives or dangerous weapons.
(8) 
Order the closing of any or all establishments or portions thereof, the chief activity of which is the lawful sale or distribution of explosives or dangerous weapons.
(9) 
Issue such other orders as are necessary for the protection of life and property or to bring the civil emergency under control.
B. 
Subsection A does not authorize the seizure, taking or confiscation of lawfully possessed firearms or ammunition, or a prohibition on the lawful sale or distribution of any firearms or ammunition.
A curfew or order authorized by this chapter shall become effective upon being posted in three public places in the City or affected area thereof and transmitted to newspapers of general circulation in the area. The curfew and orders may be amended or rescinded in like manner by the Mayor or his lawful designee during the pendency of the civil emergency, but shall cease to be in effect upon the declaration by the Mayor or his lawful designee that the civil emergency no longer exists, or when superseded by action of the Governor of the State of Michigan.
After proclamation of a civil emergency, or any order thereunder, the Mayor or his lawful designee shall forthwith provide for notice thereof to be given to members of the City Commission and to the Governor of the State of Michigan.
A violation of this chapter or any order issued thereunder is a misdemeanor punishable by a fine not exceeding $500 or by imprisonment for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court.