(a) Whenever, in his judgment, the City Manager 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 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;
(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, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever;
(7) Order the closing of any and all establishments or portions thereof engaged in the sale, distribution, dispensing or giving away of firearms and/or ammunition;
(8) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public place 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, slingshots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items.
(b) When the City Manager 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 City Manager.
(d) The powers conferred by this section are in addition to any other power which may be conferred by Federal law, State statute, or City ordinance, and nothing in this section shall be construed to modify or 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.
(Ord. 139-69. Passed 10-13-69.)
(Ord. 139-69. Passed 10-13-69.)
(f) Whoever violates any prohibition contained herein, 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.