(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY.
(a) A riot of unlawful assembly characterized by the use of actual force of 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; or
(b) Any natural disaster or human-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
CURFEW. 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 during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to the civil emergency.
(B) Declaration of emergency. The Town Council President, or if not available, a Council member, may declare that an emergency does exist in the town. This declaration may be issued with the concurrence of any one person holding a cited position as follows: Town Marshal, Fire Chief, Utility Superintendent or any employee with knowledge of the specific situation. It would become the responsibility of the office holder declaring the emergency to contact the Town Council members and any and all agencies, public news media or employees that an emergency does exist. The declaration of emergency would include notification to the County Emergency Management Office and/or the officer in charge that an emergency is in place and that further action would involve support of that office.
(C) Imposition of curfew. After proclamation of a civil emergency as described in division (B) above, a general curfew may be ordered, applicable to the geographical areas of the town or to the town as a whole, as deemed advisable and applicable during those hours of the day or night as deemed necessary in the interest of the public safety and welfare.
(D) Additional regulations. After proclamation of a civil emergency, the Council President or designee may also in the interest of public safety and welfare make any or all of the following orders:
(1) Order the closing of all retail liquor stores;
(2) Order the closing of all taverns;
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer 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 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 selling, distributing, dispensing or giving away of firearms and/or ammunition; and
(8) Issue those other orders as are imminently necessary for the protection of life and property.
(E) Emergency powers. During the period of a declared state of emergency, the Council President or designee shall have the power to invoke any or all of the following provisions.
(1) 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.
(2) 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 persons or property of another.
(3) Incendiary missiles. No person shall make, carry, possess or use any type of Molotov cocktail, gasoline or petroleum base fire bomb or other incendiary missile.
(4) Restricted areas. No person shall enter any area designated by the Town Council as a restricted area unless in the performance of official duties or with written permission from the Town Council or its duly designated representative, or that person shall prove residence therein.
(Prior Code, § 176.05) (Ord. 303, passed 11-19-1969; Res. 1996-04, passed 3-25-1996) Penalty, see § 130.99