(A) Declaration of emergency.
(1) In accordance with the definitions stated in § 36.01 and pursuant to the standards, the Mayor may determine when a state of emergency exists and upon the determination, the Mayor shall sign a statement, under oath:
(a) Finding that, in his or her opinion, the standards of determining an emergency have been met;
(b) Setting forth facts to substantiate the findings;
(c) Describing the nature of the emergency; and
(d) Declaring that a state of emergency exists.
(2) This statement shall be filed by the Village Clerk as soon as practicable.
(B) Curfew imposed. After proclamation of a civil emergency by the Mayor, the Mayor may order a general curfew to apply to such geographical areas of the village or to the entire village as the Mayor deems advisable and applicable during the hours of the day or night as the Mayor deems necessary in the interest of the public safety and welfare.
(C) Regulations. After proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders:
(1) Order the closing of all retail liquor stores;
(2) Order the closing of all taverns;
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted;
(4) Order the discontinuance of the sale of alcoholic beverages;
(5) Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
(6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
(7) Order the discontinuance of selling, distributing or giving away of any firearms or ammunition of any character whatsoever;
(8) Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition; and
(9) All orders as are imminently necessary for the protection of life and property including, but not limited to, requiring evacuation of an area, commandeering of equipment and rationing of the sale or consumption of water and food.
(D) Emergency powers. During the period of a declared state of emergency, the Mayor shall have the power to invoke any or all of the following provisions.
(1) No person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
(2) No person shall carry or possess any rock, bottle, club, brick or weapon who uses or intends to use the same unlawfully against the person or property of another.
(3) No person shall make, carry possess or use any type of “Molotov cocktail”, gasoline or petroleum base fire bomb or other incendiary missile.
(4) No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or the Mayor’s duly designated representative or unless the person shall prove residence therein.
(E) Village records. In the event of an emergency threatening the destruction of the vital records of the village, the Village Clerk is authorized to select an alternative site for the storage of the village’s vital records and for the guarding and protection of the records, which alternate site, in the Clerk’s discretion, may be a safety deposit vault in any bank or lending institution building in or near the village.
(F) Effect of emergency. A state of emergency declared, as provided by this subchapter, shall expire not later than the adjournment of the first regular meeting of the Village Board after the state of emergency is declared.
(Prior Code, § 5-2-2) (Ord. 989, passed 9-1-1985)