123.02 AUTHORITY IN A CIVIL EMERGENCY.
(a) Whenever the Mayor 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 or damage to persons or property, the Mayor shall have the 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 on 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 area or areas which are imperiled by the public danger or emergency;
(3) Establish a curfew during such hours of the day or night prohibiting persons from being out-of-doors during the curfew;
(4) Prohibit or restrict the retail sale, distribution or giving away of gasoline or other liquid, flammable or combustible products in any container other than the gasoline tank properly affixed to a motor vehicle;
(5) Order the closing of gasoline stations and other establishments engaged in the retail sale, distribution, 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 or ammunition;
(8) Prohibit or restrict the carrying or possession on the public streets or public 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, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
(9) Prohibit or restrict the retail sale, distribution, dispensing or giving away of acids, caustics or any chemicals or other substances capable of being used singly or in combination to cause injury or damage to persons or property;
(10) Call on regular and auxiliary law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace within the City.
(b) When the Mayor determines that 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 such other means of dissemination as are available.
(c) 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 emergency may be extended for such additional periods of time as determined necessary by the Mayor.
(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.
(f) Whoever violates any prohibition contained in, or knowingly fails to perform any duty required by a proclamation, order or regulation issued and in effect pursuant to this section, shall be guilty of a misdemeanor of the first degree.
(1979 Code 31.09)