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(A) The purpose of this section is to better define and authorize actions and procedures to be taken by the Mayor and other officers of the city in time of public danger or emergency. Nothing herein shall be interpreted as limiting the authority of the Mayor to take any appropriate action in time of public danger or emergency which he or she is authorized to take under any other provision of this code of ordinances, the statutes or Constitution of the state or the laws and Constitution of the United States.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABSENCE. Includes incapacity of the Mayor or inability to make immediate contact with the Mayor.
PUBLIC DANGER OR EMERGENCY. The following:
(a) A riot, as defined in any degree by this code of ordinances or the Ohio Revised Code, any civil disturbance, disorder or other occurrence that constitutes a clear and present danger to the health, safety and property of the residents of the city, or substantially impairs the functioning of the city government and its ability to protect the lives and property of the people; or
(b) Any natural disaster or human-made calamity, or clear and present danger thereof, including, but not limited to, 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 such an extent that extraordinary measures must be taken to protect the public peace, health, safety or welfare.
(C) Whenever, in his or her judgment, the Mayor determines that a public danger or emergency exists as a result of mob action or other civil disobedience causing danger of injury to or damage to any person or property, he or she shall have power to impose, by proclamation, any or all of the following regulations necessary to preserve the peace and order of the city:
(1) To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that, Council members, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and city, authorized or requested law enforcement officers and personnel may be exempt from such curfew;
(2) To order the closing of any business establishment anywhere in the city for the period of emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, malt beverages, gasoline or firearms;
(3) To designate any public street, thoroughfare or vehicle parking area closed to motor vehicles and pedestrian traffic; and
(4) To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city.
(D) The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.
(E) Any emergency proclaimed in accordance with the provisions of this section shall terminate after 48 hours from the issuance thereof, or upon the issuance of a proclamation determining that an emergency no longer exists, whichever occurs first; provided, however, that, such emergency may be extended for such additional periods of time as determined necessary by the Mayor.
(F) Whoever willfully fails or refuses to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein is guilty of a misdemeanor of the third degree.
(Ord 83-1969, passed 4-7-1969)