CHAPTER 35: CIVIL EMERGENCIES
Section
   35.01   Definitions
   35.02   Declaration of civil emergency
   35.03   Curfew
 
   35.99   Penalty
§ 35.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CIVIL EMERGENCY. Shall be interpreted to mean and include the following:
      (1)   A riot, or any unlawful assembly or gathering of three or more persons, characterized by the use of force or violence upon persons or property, or threatened or obvious intended use of force or violence upon persons or property accompanied by immediate power to execute, acting together or in conjunction with each other, without authority of law, which has or could result in injury to persons or property, or jeopardize the public peace, safety, and welfare.
      (2)   Any natural disaster, or manmade calamity, including flood, conflagration, cyclone, tornado, earthquake, explosion or bombing, within the corporate limits of the village or within the area adjacent to the village, resulting in the death or injury of persons or in the damage or destruction of property to such an extent that extraordinary measures must be taken for the protection and preservation of the public peace, safety, and welfare within the village.
   CURFEW. A prohibition against any person or persons standing, sitting, lying, loitering, walking, running, or being within or upon any vehicle, or in or upon any alley, street, highway, public property, or vacant premises in any geographical area within the corporate limits of the village, except persons officially designated to duty with reference to a civil emergency.
§ 35.02 DECLARATION OF CIVIL EMERGENCY.
   When, in the judgment of the President and the Chief of Police of the village, a civil emergency as defined herein is deemed to exist in the village, the President shall forthwith proclaim, in writing, the existence of a civil emergency in the village. Public notice of this declaration shall be given immediately by all available means as directed by the President.
§ 35.03 CURFEW.
   (A)   After the proclamation by the President of the existence of a civil emergency in the village, the President is hereby authorized to establish, by order, a curfew as herein defined, applicable to such geographical areas of the village, or to the village as a whole, if the President deems it advisable, and which shall remain in force and effect during those hours of each day or night as the President deems necessary for the protection and preservation of the public peace, safety and welfare.
   (B)   After proclamation by the President of the existence of a civil emergency, the President is hereby also authorized, for the purpose of the protection and preservation of the public peace, safety, and welfare, to make any one or all of the following orders effective within the village during the period of the curfew:
      (1)   Closing of all retail liquor stores;
      (2)   Closing of all taverns;
      (3)   Prohibiting the sale, serving, or giving away of any intoxicating liquor in or by any store, restaurant, private club, or other establishment having an alcoholic liquor license issued by the village; and/or
      (4)   Prohibiting or limiting in any manner the selling or giving away of firearms, ammunition, explosives, gasoline, and other flammable liquids or chemicals.
Penalty, see § 35.99
§ 35.99 PENALTY.
   It shall be unlawful for any person to violate the provisions of any curfew or any other order issued by the President under the provisions of § 35.03, or to fail to obey promptly any reasonable order, direction, or command issued by any police officer acting in the performance of his or her duty or power in the enforcement of the provisions of this chapter for the preservation of the public peace, health, and safety. Any person guilty of such violation shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $750 for each offense.