509.10 STATE OF EMERGENCY.

   (a)   Proclamation. When there is a tumult, riot, mob or body of people acting together with intent to commit a felony or to do or offer violence to person or property or by force and violence to break or resist the law or in the event of a disaster affecting life and property and which substantially impairs the functioning of the City government and its ability to protect the lives and property of the people, any of the following named officers, acting in the order herein designated when the previously named officer or officers are absent from the City or are unavailable or incapable of doing so, are authorized and directed to proclaim the existence of a state of emergency in the City, or within any prescribed area or areas thereof: the Mayor, the Vice Mayor, or the City Manager or designated acting City Manager. (Ord. 7041. Passed 9-6-67; Ord. 2022-9-89. Passed 9-28-22.)

   (b)   Issuance of Proclamations. When a state of emergency has been proclaimed as provided in subsection (a) hereof, any of the officers named therein, acting in the order designated, are authorized and directed to issue such proclamations as they deem necessary to protect life and property. The proclamations may include, but are not limited to, the establishment of curfew; prohibiting the sale of beer or intoxicating liquor, prohibiting the sale, offering for sale, dispensing, and regulating of controlling the transportation of deadly weapons, dynamite and other dangerous explosives, incendiary devices and any necessary ingredient thereof; prohibiting the sale of gasoline other than directly into vehicle gasoline tanks; restricting or prohibiting movement into, out of, or within the affected area or areas; or prohibiting or limiting the assemblage of persons. In no instance shall the terms set forth in this subsection mean any firearm as defined in Ohio R.C. 2923.11, part of a firearm, its components, or its ammunition.

(Ord. 2019-12-142. Passed 12-11-19; Ord. 2022-9-89. Passed 9-28-22.)

   (c)   Failure to Obey Police Officer or Militiaman. No person shall fail to obey the lawful order of any police officer, militiaman or other authorized person, and no person shall in any way intentionally interfere with any person in the protection or preservation of life or property during the existence of a state of emergency as proclaimed, as provided in subsection (b) hereof.

(Ord. 7041. Passed 9-6-67; Ord. 2022-9-89. Passed 9-28-22.)  

   (d)   Misdemeanor Classification. Whoever violates any proclamation issued in accordance with subsection (b) hereof or violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (Ord. 2022-9-89. Passed 9-28-22.)