(a) Whenever, in his judgment, the Mayor determines that an emergency exists as a result of any natural disaster or man-made calamity, or clear and present danger thereof, or riot, insurrection, mob action or other civil disturbance causing danger of injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to restore the peace and order of the City:
(1) Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access;
(2) Restrict or prohibit movement within, above or beneath the area or areas, which, in his judgment, are imperiled by the public danger or emergency;
(3) Establish a curfew during such hours of the day or night as he deems advisable and prohibit persons from being out of doors during such curfew;
(4) Prohibit or restrict the retail sale, distribution or giving away of gasoline or other liquid, flammable or combustible products in any container other than the gasoline tank properly affixed to a motor vehicle;
(5) Order the closing of gasoline stations and other establishments engaged in the retail sale, distribution or dispensing or giving away of liquid, flammable or combustible products;
(6) Prohibit or restrict the sale, offering for sale, distribution, dispensing or giving away and regulate or control the transportation of deadly weapons with the exception of firearms as defined in Ohio R.C. 2923.11, dynamite and other dangerous explosives, incendiary devices and necessary ingredients thereof;
(7) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
(8) Prohibit or restrict the retail sale, distribution, dispensing or giving away of acids, caustics or any chemicals or other substances capable of being used singly or in combination to cause injury or damage to persons or property;
(9) 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;
(10) Prohibit the sale of beer, wine, intoxicating liquor.
(b) When the Mayor determines that an emergency exists, as set forth in subsection (a) hereof, he shall forthwith proclaim in writing the existence of the same and the time of its inception, and shall issue a proclamation thereof to the public, through the news media and such other means of dissemination as he deems advisable.
(c) Any emergency proclaimed in accordance with the provisions of this section shall terminate after seventy-two hours of the issuance thereof or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first. However, such emergency may be extended for such additional periods of time as determined necessary by the Mayor.
(d) The powers conferred by this section are in addition to any other powers which may be conferred by Federal law or State statute or City ordinance, and nothing in this section shall be construed to modify ot limit such authority, powers, duties and responsibilities of any officer or public official as may be provided by law. Nothing in this section shall be construed to permit suspension of the privilege to a writ of habeas corpus.
(e) No person shall fail to obey the lawful order of any police officer, militiaman, fireman, member of the National Guard or other authorized person acting under orders or authority issued under the provisions of this section.
(f) Whoever violates any prohibition contained in, or knowingly fails to perform any duty required by a proclamation, order or regulation issued and in effect pursuant to this section is guilty of a misdemeanor of the first degree.
(Ord. 57-2019. Passed 12-16-19.)