As used in this chapter, the following terms
shall have the meanings indicated:
CIVIL EMERGENCY
A riot and disorderly picketing or demonstrating 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
the same by two or more persons acting together without authority
of law, or any natural disaster or man-made calamity, including flood,
conflagration, cyclone, earthquake, tornado, explosion or complete
electrical blackout within the corporate limits of Hagerstown, resulting
in 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 safety and welfare.
CURFEW
The prohibition against any person or persons walking, running,
loitering, standing, remaining or motoring upon any alley, street,
highway, public property or vacant premises within the corporate limits
of the City of Hagerstown, except persons officially designated to
duty with reference to said civil emergency.
When, in the judgment of the Mayor or, in his
absence, the judgment of the majority of the Council, a civil emergency
as defined herein is deemed to exist, he or they shall forthwith proclaim,
in writing, the existence of the same.
After the proclamation of a civil emergency
by the Mayor or a majority of the Council, he or they may order a
general curfew applicable to such geographical areas of the City or
to the City as a whole as he or they may deem advisable and applicable
during such hours of the day or night as he or they may deem necessary
in the interest of the public safety and welfare.
After a proclamation of a civil emergency as
aforesaid, the Mayor or a majority of the Council, as the case may
be, may also in the interest of public safety and welfare make any
or all of the following orders:
A. Order the closing of all retail liquor stores.
B. Order the closing of all beer taverns.
C. Order the closing of all private clubs or such portions
thereof within which the consumption of intoxicating liquor and/or
beer is permitted.
D. Order the discontinuance of the sale of beer.
E. Order the discontinuance of the selling, distributing
or giving away of gasoline or any liquid products, flammable or combustible,
in any container other than the gasoline tank properly affixed to
a motor vehicle.
F. Order the closing of gasoline stations and other establishments,
the chief activity of which is the sale, distribution or dispensing
of liquid products, flammable or combustible.
G. Order the discontinuance of the selling, distributing,
dispensing or giving away of any firearms or ammunition of any character
whatsoever and provide for their safekeeping.
H. 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. Order the temporary closing of any and all streets,
alleys and other public ways in the City of Hagerstown.
J. Issue such other orders as are deemed necessary for
the protection of life and property.
Should the Mayor or the majority of the Council deem it necessary to invoke any or all of the provisions of §§
76-1 through
76-4, inclusive, he or they shall give notice of the same by means of a written proclamation publicly posted in City Hall and issued to the news media for immediate dissemination to the public.
[Amended 7-17-1990 by Ord. No. 1990-39]
Any persons violating the provisions of this chapter or an executive order issued pursuant thereto shall be guilty of an offense against the City of Hagerstown and shall be punishable by a fine as provided in Chapter
1, Article
II, Violations and Penalties, of this Code.