131.02 EMERGENCY POWERS.
   (a)    Definitions. As used in this section:
      (1)    "Civil emergency" means:
         A.    A riot or 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 Municipality, or substantially impairs the functioning of the Municipal government and its ability to protect the lives and property of the people; or
         B.    Any natural disaster or man-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 Municipality 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.
      (2)    "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Municipality, excepting persons officially designated to perform duties with reference to such civil emergency.
   (b)    Authority of Mayor. Whenever the Mayor determines that a civil emergency exists, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve or restore peace and order in the Municipality:
      (1)    Prohibiting or limiting the number of persons who may gather or congregate upon the public streets, highways or sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access;
      (2)    Restricting or prohibiting movement within, above, or beneath any area which in his judgment is imperiled by the civil emergency.
      (3)    Establishing a curfew during such hours of the day or night as he deems advisable and prohibiting persons from being out of doors during such curfew;
      (4)    Prohibiting or restricting the retail sale, distribution or giving away of gasoline or other flammable liquid or any other flammable or combustible product in any container other than a gasoline tank properly affixed to a motor vehicle;
      (5)    Ordering the closing of gasoline stations and other establishments engaged in the retail sale, distribution or dispensing or giving away of flammable liquid or any other flammable or combustible product;
      (6)    Prohibiting or restricting the sale, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever;
      (7)    Ordering 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)    Prohibiting or restricting the carrying or possession on the public streets or 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, firebombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
      (9)    Prohibiting or restricting the retail sale, distribution, dispensing or giving away of acids, caustics or any chemicals or other substances capable of being used singularly or in combination to cause injury or damage to persons or property;
      (10)    Calling upon regular and auxiliary law enforcement agencies and organizations within or without the Municipality to assist in preserving and keeping the peace within the Municipality;
      (11)   Prohibiting the sale of beer, wine and intoxicating liquor;
      (12)    Designating any public place, public street, thoroughfare, boulevard, parking area and any other place closed to motor vehicles, persons and pedestrian traffic;
   The Mayor shall also have power to impose by proclamation such other regulations which are similar to those set forth in subsections (b)(1) to (12) hereof as he deems necessary to preserve or restore peace and order.
   (c)    Proclamation. When the Mayor determines that a civil emergency exists, he shall forthwith proclaim in writing the existence of the same and the time of its inception, and he shall issue a proclamation thereof to the public through the news media and such other means of dissemination as he deems advisable.
   (d)    Termination. Any civil emergency proclaimed in accordance with the provisions of this section shall terminate after seventy-two hours or 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.
   (e)    Effect of Other Laws; Habeas Corpus. The powers conferred by this section are in addition to any other powers which may be conferred by Federal law, State statute or Municipal 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 the suspension of the privilege to a writ of habeas corpus.
   (f)    Obedience to Enforcement Officers. No person shall fail to obey the lawful order of any police officer, militiamen, fireman, member of the National Guard or other authorized persons acting under orders of authority issued under the provisions of this section.
   (g)    Penalty. Whoever violates any provision of this section 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. 0-42-88. Passed 11-22-88.)