If, in the sound discretion of the Mayor, it shall appear that the emergency is, or that the threatened emergency is likely to be, of such proportions that the means available to the town to maintain law and order are insufficient for such purpose, the Mayor shall, promptly and by the most expeditious means of communication, inform the Governor of the situation and request that such necessary police or military forces of the state be provided promptly; and if, during an actual state of emergency, the Mayor shall find that the civil courts having jurisdiction within the town are unable to perform their lawful duties and that, by reason of widespread lawlessness, writs and other process cannot be served or executed in the town, the Mayor shall inform the Governor of his or her findings and may recommend to him or her that a state of martial law be proclaimed to exist within the town.
(Prior Code, § 35.05)