City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by The Mayor and Council of New Castle 7-23-1971 by Ord. No. 198. Amendments noted where applicable.]
GENERAL REFERENCES
Civil defense — See Ch. 12.
Vehicles and traffic — See Ch. 225.
As used in this chapter, the following terms shall have the meanings indicated:
SENIOR ELECTED OFFICIAL
The Mayor, President of City Council, Chairman of the Police Committee of City Council and any other member of City Council in that order who is present in the city.
CERTIFICATION OF EMERGENCY
The certification by the senior duty officer of the City Police Department that the city 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 city or such part thereof as may be designated in the certificate.
The Senior Elected Official is empowered and authorized, upon receipt of a certification of emergency and his finding that the city 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 city 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 city or any part thereof, and to halt or restrict the movement of trains, automobiles, buses, trucks or other vehicles into, within or from the city.
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.