(A) A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, grave civil disturbance, rioting, catastrophe, or similar public emergency, for any reason, public safety officials are unable to maintain public order or afford adequate protection for lives, safety, health, welfare, or property, or whenever the occurrence of any such condition is imminent.
(B) In the event of a state of emergency threatening or endangering the lives, safety, health, or welfare of the people within the City, or threatening damage to or destruction of property, the Mayor of the City is authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives, safety, health, welfare, and property of people within the City, to place into effect any or all of the restrictions hereinafter authorized, including without limitation to define and impose a curfew applicable to all persons within the jurisdiction of the City.
(C) The Mayor is authorized and empowered to limit by the proclamation the application of all or any part of the restrictions to any area specifically designated or described within the corporate limits of the City and to specific hours of the day or night; and to exempt from all or any part of the restrictions law enforcement officers, firefighters, and other public employees; doctors, nurses, and employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting entities, including those operated for profit; and the other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the City.
(D) The Mayor shall proclaim the end of the state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the Board of Commissioners.
(E) During the existence of a proclaimed state of emergency, the Mayor by proclamation may prohibit or restrict any or all of the following:
(1) Travel or presence upon any public street or any other public or City owned property;
(2) Any demonstration, parade, march, or vigil, or participation therein, on any public street or upon any public or City owned property;
(3) The operation of any office or business establishment or any other places to or from which people may travel or at which people may congregate;
(4) The purchase, sale, or transportation of beer, wine, and alcoholic beverages of any kind, or their possession or consumption off one’s own premises;
(5) With the exception of lawfully possessed firearms or ammunition, the possession, transportation, storage, or use off one’s own premises of explosives, firearms, ammunition, or dangerous weapons of any kind, or the purchase, sale, transfer, or other disposition thereof;
(6) The possession, transportation, storage, or use off one’s own premises of gasoline, kerosene, or any other explosive, dangerous, or flammable fluids or substances, or the purchase, sale, transfer, or other disposition thereof; and/or
(7) Any other activities or conditions, the control of which may be reasonably necessary to maintain order and protect lives during the state of emergency, upon statement of the reasons for the necessity in the proclamation.
(F) Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.
(G)
The Mayor shall immediately notify the Board of Commissioners of the issuance, extended, altered or repealed state of emergency declaration. If a Board member has an issue with the declaration, the member will notify the Mayor and the Mayor shall call the Board of Commissioners into session at the earliest practical opportunity.
(H) The prohibitions of division (E) above automatically shall apply upon imposition of any curfew under this section, unless specifically exempted.
(1989 Code, § 11-10) (Ord. passed 7-22-1996; Ord. 13-O-05, passed 11-25-2013; Ord. 20-O-05, passed 9-28-2020)