[HISTORY: Adopted by the Board of Selectmen
of the Town of Cromwell 10-12-1976. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
As used in this chapter, the following terms
shall have the meanings indicated:
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 such force by three or more
persons acting together without authority of law.
Any natural disaster or man-made calamity, including
but not limited to flood, hurricane, cyclone, tornado, earthquake
or explosion, within the corporate limits of the Town of Cromwell
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.
A prohibition against any person or persons walking, running,
loitering, standing or motoring upon any alley, street, highway, public
property or vacant premises within the corporate limits of the Town
of Cromwell during the hours in which a curfew has been imposed, excepting
persons officially designated to duty with reference to said civil
emergency.[1]
The person he designates, but if he fails to or is unable
to do so, the Mayor and, in alphabetical order by surname, the remaining
members of the Town Council.
[Amended TC 6-16-2014]
The Town Manager then holding office or his successor.
[Added TC 6-16-2014]
[1]
Editor's Note: The former definition of "First Selectman,"
which immediately followed, was repealed TC 6-16-2014. See now the
definition of "Town Manager."
[Amended TC 6-16-2014]
When in the judgment of the Town Manager a civil
emergency, as defined herein, is deemed to exist, he shall forthwith
proclaim it in writing, publish the existence of same in any manner
he deems appropriate and take such other action consistent with this
chapter and with the Emergency Operations Plan of the Town of Cromwell,
then in effect, as in his opinion may be required.
[Amended TC 6-16-2014]
A.Â
After the proclamation by the Town Manager of a civil
emergency in the Town of Cromwell, he shall assume direct and complete
control and command of all Town of Cromwell departments, agencies,
offices, functions, facilities and personnel, including public school
facilities and personnel.
B.Â
After the proclamation by the Town Manager of a civil
emergency in the Town of Cromwell and upon the request of the Town
Manager, the Chairman of the Board of Commissioners of the Cromwell
Fire District or his representative may ask the Superintendent of
the Cromwell Water Division and the Cromwell Fire Chief to cooperate
fully with the Town Manager for the duration of the civil emergency.
C.Â
The Town Manager shall bring all available local resources
to bear on the civil emergency in an effort to protect and preserve
human life and property of the Town to the greatest extent possible.
[Amended TC 6-16-2014]
After proclamation of a civil emergency by the
Town Manager, he may order a general curfew applicable to such geographical
areas of the Town or to the Town 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.
[Amended TC 6-16-2014]
After proclamation of a civil emergency, the
Town Manager may also, in the interest of public safety and welfare,
make any or all of the following orders:
A.Â
Order the closing of all retail liquor stores.
B.Â
Order the closing of all public establishments, or
portions thereof, wherein the consumption of any intoxicating beverage
is permitted.
C.Â
Order the closing of all private clubs, or portions
thereof, wherein the consumption of any intoxicating beverages is
permitted.
D.Â
Order the discontinuance of the sale of any intoxicating
beverage or legally controlled drug, unless prescribed by a physician
and dispensed by a licensed pharmacist.
E.Â
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, except when authorized, in writing, by the Town Manager.
F.Â
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.
G.Â
Order the discontinuance of selling, distributing,
dispensing or giving away of any firearms or ammunition of any character
whatsoever.
H.Â
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 and/or ammunition.
I.Â
Issue such other orders as are imminently necessary
for the protection of life and property.
[Amended TC 6-16-2014]
During the period of a declared state of emergency,
the Town Manager shall have the power to invoke any or all of the
following provisions:
A.Â
Alcoholic beverages. No person shall consume any alcoholic
beverages in a public street or place which is publicly owned or in
any motor vehicle driven or parked thereon which is within a duly
designated restricted area.
B.Â
Weapons. No person shall carry or possess any rock,
bottle, club, brick or weapon, who uses or intends to use the same
unlawfully against the person or property of another.
C.Â
Incendiary missiles. No person shall make, carry,
possess or use any type of Molotov cocktail, gasoline- or petroleum-based
fire bomb or other incendiary missile.
D.Â
Restricted areas. No person shall enter any area designated
by the Town Manager as a restricted area unless in the performance
of official duties or with written permission from the Town Manager
or his duly designated representative.
Any person violating any provision of this chapter
shall be punished by a fine of not more than $1,000 or by imprisonment
for not more than five years, or both.
