(A) Whenever in his of her judgment the Mayor determines that an emergency exists as a result of any natural disaster or human-made calamity, or clear and present danger thereof, or riot, insurrection, mob action, or other civil disturbance causing danger of injury to or damages to persons or property, the Mayor shall have power to impose by proclamation any or all of the following regulations necessary to restore the peace and order of the village:
(1) Prohibit or limit the number of persons who may gather or congregate on the public highways or public sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly, or commercial establishment to which the public has access;
(2) Restrict or prohibit movement within, above, or beneath the area or areas which, in his or her judgment, are imperiled by the public danger or emergency;
(3) Establish a curfew during those hours of the day or night as he or she deems advisable and prohibit persons from being out of doors during the curfew;
(4) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains, or similar items;
(5) Prohibit or restrict the retail sale, distribution, dispensing, or giving away of acids, caustics, or any chemicals or other substances capable of being used singly or in combination to cause injury or damage to persons or property;
(6) Call on regular and auxiliary law enforcement agencies and organizations within or without the village to assist in preserving and keeping the peace within the village; or
(7) Prohibit the sale of beer, wine, and intoxicating liquor.
(1967 Code, § 136.16)
(B) When the Mayor determines that an emergency exists, the Mayor shall forthwith proclaim in writing the existence of the same and the time of its inception, and shall issue a proclamation thereof, to the public, through the news media, and such other means of dissemination as he or she deems advisable.
(1967 Code, § 136.17)
(C) Any emergency proclaimed in accordance with the provisions of this section shall terminate after 72 hours of the issuance thereof or on the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, that such emergency may be extended for additional periods of time as determined necessary by the Council.
(1967 Code, § 136.18)
(D) (1) The powers conferred by divisions (A) through (C) above, are in addition to any other power which may be conferred by federal law or state statute or village ordinance, and nothing in this section shall be construed to modify or limit any authority, powers, duties, and responsibilities of any officer or public official as may be provided by law.
(2) Nothing in divisions (A) through (C) above, shall be construed to permit suspension of the privilege to a writ of habeas corpus.
(1967 Code, § 136.19)
(E) (1) No person shall violate any prohibition contained in, or knowingly fail to perform any duty required by, a proclamation, order, or regulation issued and in effect pursuant to this chapter.
(2) Whoever violates this section shall be guilty of a misdemeanor of the third degree.
(1967 Code, § 136.99(B))
(Ord. O-11-70, passed 5-25-1970) Penalty, see § 130.99
Cross-reference:
Misconduct at an emergency, see § 132.06
Statutory reference:
Emergency management and civil defense agencies, see R.C. Ch. 5502
Local emergency management organizations, see O.A.C. 4501:3-3-01