CHAPTER 92:
CIVIL EMERGENCIES
Section
   92.01   Definitions
   92.02   Proclamation by Mayor
   92.03   Emergency powers of Mayor
   92.04   Imposition of curfew
§ 92.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "CIVIL EMERGENCIES."
      (1)   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 the force by three or more persons acting together without authority of law.
      (2)   Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the city 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 health, safety, and welfare.
   "CURFEW." A prohibition against any person walking, running, loitering, standing, or motoring upon any alley, street, highway, public property, or vacant premises within the corporate limits of the city during the hours in which a "CURFEW" has been imposed, excepting persons officially designated to duty with reference to the civil emergency.
('75 Code, § 53.21(A))
§ 92.02 PROCLAMATION BY MAYOR.
   When in the judgment of the Mayor a civil emergency is deemed to exist, he shall immediately proclaim in writing the existence of same.
In case of the absence of the Mayor from the city, the Chief of Police shall be authorized to act in his stead.
('75 Code, § 53.21(B))
§ 92.03 EMERGENCY POWERS OF MAYOR.
   (A)   During the period of a declared state of emergency, the Mayor 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 person or property of another.
      (3)   No person shall make, carry, possess, or use any type of Molotov cocktail, gasoline- or petroleum-base fire bomb, or other incendiary missile.
      (4)   No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or his duly designated representative, or the person shall prove residence therein.
('75 Code, § 53.21(E))
   (B)   After proclamation of a civil emergency, the Mayor 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 of private clubs in which the consumption of intoxicating liquor 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 selling, distributing, dispensing, or giving away of firearms or ammunition.
      (8)   Issue such other orders as are imminently necessary for the protection of life and property.
('75 Code, § 53.21(D)) Penalty, see § 10.99
§ 92.04 IMPOSITION OF CURFEW.
   After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to those geographical areas of the city, or to the city as a whole, as he deems advisable and applicable during the hours of the day or night he deems necessary in the interest of the public safety and welfare.
('75 Code, § 53.21(C)) Penalty, see § 10.99