(A) The Mayor by proclamation may impose the prohibitions and restrictions specified in divisions (A)(1) through (A)(4) below in the manner described therein. The Mayor may impose as many of those prohibitions and restrictions as he or she finds are necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety and property. The Mayor shall recite his or her findings in the proclamation. The proclamation shall be in writing. The Mayor shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the Town Hall. The Mayor shall retain a text of the proclamation and furnish upon request certified copies of it for use as evidence. The proclamation may contain the following:
(1) The proclamation may impose a curfew prohibiting in certain areas and during certain periods the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area and the period during each 24-hour day to which the curfew applies. The Mayor may exempt from some or all of the curfew restrictions classes of people whose exemption he or she finds necessary for the preservation of the public health, safety and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted. Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Mayor by proclamation removes the curfew.
(2) The proclamation may prohibit the possession or consumption of any intoxicating liquor, including beer and wine, other than on one’s own premises, and may prohibit the transfer of any intoxicating liquor. The prohibition, if imposed, shall apply to transfers of intoxicating liquor by employees of alcoholic beverage control stores as well as by anyone else within the town. If imposed, the restrictions shall apply throughout the town.
(3) The proclamation may prohibit the possession of any dangerous weapon or substance unless it remains in a place of storage within the possessor’s premises, or, if the weapon or substance cannot be readily stored in the possessor’s premises, unless it remains in a customary place of storage not readily available to the possessor. The proclamation may also prohibit the sale or other transfer or the transportation of any dangerous weapon or substance. The Mayor may exempt from some or all of the restrictions classes of people whose possession, transfer or transportation of certain dangerous weapons or substances is necessary to the preservation of the public health, safety or welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted. If imposed, these restrictions shall apply throughout the jurisdiction of the town. For purposes of this division (A)(3),
DANGEROUS WEAPON OR SUBSTANCE means any of the following:
(a) Any deadly weapon, ammunition, incendiary device or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property;
(b) Any other instrument or substance that is capable of being used to inflict serious bodily injury or destruction of property, when the circumstances indicate that there is some probability that the instrument or substance will be so destructively used; and
(c) Any part or ingredient in any instrument or substance included in divisions (A)(3)(a) and (A)(3)(b) above.
(4) The proclamation may prohibit obtaining access or attempting to obtain access to any area designated in the manner described in this division (A), in violation of any order, clearly posted notice or barricade indicating that access is denied or restricted. Areas to which access is denied or restricted shall be designated by the Chief of Police and his or her subordinates when directed in the proclamation to do so by the Mayor. When acting under this authority, the Chief of Police and his or her subordinates may restrict or deny access to any area, street or location within the town if that restriction or denial of access or use is reasonably necessary to promote efforts being made to overcome the emergency or to prevent further aggravation of the emergency.
(B) The Mayor may amend the proclamation from time to time, making any modifications as he or she would have been authorized to include in the original proclamation.
(C) The Mayor shall by proclamation remove the prohibitions and restrictions as the emergency no longer requires them, or when directed to do so by the Board of Commissioners.
(D) The Mayor in his or her discretion may invoke the restrictions authorized by this section in separate proclamations, and may amend any proclamation by means of a superseding proclamation.
(Ord. 14-3, passed 10-9-2014)