(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY.
(a) A riot of unlawful assembly characterized by the use of actual force of violence, or any threat to use force if accompanied by immediate power to execute such force, by three or more persons acting together without authority of law; or
(b) Any natural disaster or human-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion, within the corporate limits of the town 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 healthy, safety and welfare.
CURFEW. 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 town during the hours in which a CURFEW has been imposed, excepting persons officially designated to duty with reference to said civil emergency.
(B) Proclamation by Town Council. When, in the judgment of the Town Council, a civil emergency as defined herein is deemed to exist, they shall forthwith proclaim in writing the existence of same. In case of the absence of the Town Council from the town, the Town Marshal shall be authorized to act in its stead.
(C) Imposition of curfew. After proclamation of a civil emergency by the Town Council, it may order a general curfew applicable to such geographical areas of the town, or to the town as a whole, as it deems advisable and applicable during such hours of the day or night as it deems necessary in the interest of the public safety and welfare.
(D) Additional regulations. After proclamation of a civil emergency, the Town Council 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 beer;
(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 the selling, distributing, dispensing or giving away of firearms and/or ammunition; and
(8) Issue such other orders as are imminently necessary for the protection of life and property.
(E) Emergency powers. During the period of a declared state of emergency, the Town Council 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 persons or property of another.
(3) No person shall make, carry, possess or use any type of “Molotov cocktail,” gasoline- or petroleum-based fire bomb or other incendiary missile.
(4) No person shall enter any area designated by the Town Council as a restricted area unless in the performance of official duties or with written permission from the Town Council or its duly designated representative, or such person shall prove residence therein.
(Ord. 1970-1, passed 6-3-1970) Penalty, see § 33.999