In the event of the occurrence or threatened or impending occurrence of any of the situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in the judgment of a local chief executive officer is of such severity or complexity as to require the exercise of extraordinary emergency measures, the mayor or his or her designees as provided by ordinance, may declare in writing that a state of emergency exists.
(KRS 39A.100(3))
In the event the mayor or his or her designees declares in writing than a state of emergency exists, the mayor, subject to the orders of the Governor, shall have and may exercise for the period as the state of emergency exists or continues, the following powers:
(A) The power to enforce all laws and administrative regulations relating to disaster and emergence response and to direct all local disaster and emergency response forces and operation in the affected city;
(B) The power to exclude all nonessential, unauthorized, disruptive, or uncooperative personnel from the scene of the emergency, and to command persons or groups of persons at the scene to disperse. A person who refuses to leave an area in which a written order of evacuation has been issued in accordance with a written declaration of emergency of a disaster may be forcibly removed to a place of safety or shelter, or may , if this is resisted, be arrested by a peace officer. Forcible removal or arrest hall not be exercised as options until all reasonable efforts for voluntary compliance have been exhausted;
(C) The power to declare curfews and establish their limits;
(D) The power to order immediate purchase or rental of, contract for, or otherwise procure, without regard to procurement codes or procedures or budget requirements, the good and services essential for protection of public health and safety or to maintain or to restore essential public services; and
(E) The power to request emergency assistance from any local government or special district and, through the Governor, to request emergency assistance from any state agency and to initiate requests for federal assistance as are necessary for protection of public health and safety or for continuation of essential public services.
(KRS 39A.100(3))
That when the absence or disability of the Mayor of the city shall prevent the Mayor from serving in the office during a national, state or local emergency, the duties and responsibilities of the Mayor shall be administered temporarily by the Police Chief of the city. In the event that neither the Mayor nor the Police Chief are able to serve in the office of Mayor, by reason of absence or disability, during a national, state or local emergency, the duties of the office of Mayor shall be assumed temporarily by the Assistant Police Chief of the city and if that person is unable to serve by reason of absence or disability, then by Director of the Kenton County Department of Homeland Security and Emergency Management.
(Ord. 2003-16; passed 9-11-2003)
Any person who violates an order issued under the authority of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50, nor more than $500, or shall be sentenced to a term of imprisonment for a period not to exceed six months, or both.