(a) The City Manager is granted the authority and power to invoke by proclamation a state of emergency in the City, in any of the following situations:
(1) A state of emergency has been declared by the governor of this State; or
(2) A state of emergency has been declared by the Board of County Commissioners of Preble County, Ohio; or
(3) The City Manager, in his own discretion, determines that an emergency exists because 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 or injury or damage to persons or property.
(b) The City Manager is granted the authority and power to impose by proclamation any or all of the following regulations necessary to restore the peace and order of the City:
(1) Order all nonessential services to close, including, but not limited to, all business establishments, commercial establishments, industrial centers, factories, entertainment centers, recreational facilities, schools and churches. The City Manager may allow retail food establishments to remain open on a limited basis, as well as drugstores and medical facilities;
(2) Establish a curfew, during hours of the day or the night, which prohibits persons from being out-of-doors or upon public highways during the curfew;
(3) Restrict or prohibit movement within, above or beneath the area or areas that are imperiled by the public danger or emergency;
(4) Call upon any regular or auxiliary law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace and order within the City;
(5) Any other powers or authority conferred by federal law, state statute, or City ordinance, and nothing in this section shall be construed to modify or limit such authority, powers or duties and responsibilities of any officer or public official as may be provided by law.
(c) When the City Manager declares an emergency exists, as set forth in subsection (a) hereof, he shall immediately proclaim in writing the existence of the emergency and the time of its inception and shall issue a proclamation thereof to the public through the news media and other such means of dissemination as are available, and when practical shall notify all businesses and establishments affected.
(d) Any emergency proclaimed in accordance with the provisions of this section shall terminate after seventy-two hours of the issuance thereof or on the issuance of a proclamation determining an emergency no longer exists, whichever occurs first. The state of emergency may be extended for such additional periods as determined necessary by the City Manager.
(e) In the event the City Manager is absent, a state of emergency may be proclaimed in accordance with this chapter by his appointee or by any two members of Council.
(f) When a state of emergency is proclaimed, the City Manager, or his appointee or the two members of Council who proclaimed it, shall immediately notify all the members of Council of the proclamation, the reasoning behind it and the status of the emergency.
(g) 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 the orders or authority of a proclamation issued pursuant to this chapter.
(h) Whoever violates any prohibition contained in, or knowingly fails to perform any duty required by proclamation, order or regulation issued and in effect pursuant to this chapter shall be guilty of a misdemeanor of the first degree, and each day’s violation shall constitute a separate offense.
(Ord. 03-17. Passed 11-17-03.)
(Ord. 03-17. Passed 11-17-03.)