(A) The Mayor shall be the president of the Council and preside at its meetings. The Mayor shall supervise all departments and report to the Council for its action all matters requiring attention in any department. The Mayor shall have and exercise all the powers and perform all the duties provided or prescribed by law or the ordinances of the city, not in conflict with the provisions of this chapter. The Mayor shall be Commissioner of the Department of Public Affairs, and as such shall be the chief executive officer of the municipal corporation. The Mayor shall sign all contracts on behalf of the city and shall have charge of and cause to be prepared and published all statements and reports required by law or ordinance or by resolution of the Council.
(B) The Mayor shall grant all licenses or permits, unless otherwise provided by law or ordinance, and in the absence or inability of any of the Commissioners to act, shall exercise temporary supervision over the department assigned to said Commissioner. He or she shall have supervision of all purchases of all materials, apparatus and supplies of his or her department or the offices and departments assigned thereto.
(C) The Mayor shall have general supervision and control of the Police Department and all officers and members thereof. The Mayor shall see that all police officers are prompt and faithful in the discharge of their respective duties and from time to time shall take such measures as he or she may deem expedient for the preservation of peace and good order and the enforcement of the laws and ordinances of the city.
(D) The Mayor shall have general supervision and control of the Community Development Department and its land use regulatory functions, including planning, zoning and building code enforcement. The Mayor shall provide general supervision and control of the office of the City Clerk and all business regulatory functions of the municipality. The Public Library shall be under the supervision of the Mayor in the manner and form prescribed by statute.
(E) The Mayor appoints the City Attorney, Treasurer, City Clerk and City Administrator with the advice and consent of the City Council. Except when another appointment authority is prescribed by statute or ordinance, the Mayor appoints members of boards, commissions and advisory committees of the municipality with the advice and consent of the Council. The Mayor may appoint another commissioner or official to represent the city's interest in organizations of which the city is a member, subject to advice and consent of the Council.
(F) All other officers or employees not by statute or ordinance apportioned or assigned to some other department are hereby assigned to the Department of Public Affairs and shall be under the control and supervision of the Mayor.
(G) The Commissioner of the Department of Public Affairs shall have charge of and supervision of organizational technology for the municipality.
(H) Local state of emergency.
(1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning:
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 except officials of any governmental unit and persons officially designated to duty with reference to said civil emergency.
EMERGENCY. (a) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or (b) Any natural disaster, epidemic, or manmade calamity, including outbreak of disease, flood, conflagration, cyclone, tornado, earthquake or explosion, or eminent threat of any of those events within the corporate limits of the city, resulting in or threatening 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.
(2) Declaration. Whenever an emergency, as defined in division (H)(1) of this section exists, the Mayor is authorized to declare the existence of a local state of emergency by means of a written declaration of the Mayor, under oath, setting forth the facts which constitute the emergency, describing the nature of the emergency and declaring that a local state of emergency exists in accordance with the definitions set forth in this section. This declaration must be filed with the Municipal Clerk as soon as practicable after issuance.
(3) Curfew authorized. After proclamation of a local state of emergency by the Mayor, he or she may order a general curfew applicable to such geographical areas of the city or to the city as a whole, as he or she deems reasonable and advisable, and applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare.
(4) Orders authorized. After the proclamation of a local state of emergency, the Mayor may also, in the interest of public safety and welfare, and to address this issues caused threatened by the emergency, make take any or all of the following actions by executive order during the state of emergency:
(a) All actions reasonably necessary to respond to the emergency;
(b) Approve previously appropriated expenditures of the city for the purpose of continuing the operations of the municipality;
(c) In the event the local state of emergency extends beyond the current fiscal year and a new budget has not been approved, Mayor shall be authorized to approve new spending by the city during the existence of the local state of emergency.
(d) Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted;
(e) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
(f) 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;
(g) Order restrictions on ingress or egress to parts of the city to limit the occupancy of any premises;
(h) To make provisions for the availability and use of temporary emergency housing;
(i) Temporarily postpone, all meetings of the City Council, and any city committee, commission, board authority, or other city body as deemed appropriate by the Mayor;
(j) Temporarily close any and all streets, alleys, sidewalks, bike paths, public parks or public ways;
(k) Approve application for local, state, or federal assistance;
(l) Establish and control routes of transportation, ingress and egress;
(m) To the extent not superseded by authorities with superior jurisdiction, control ingress and egress from any designated disaster or emergency area or home, building or structures located therein;
(n) Accept services, gifts, grants loans, equipment, supplies, and /or materials whether from private, nonprofit, or governmental sources;
(o) Close or cancel the use of any municipally owned or operated building or public facility; or
(p) Issue any and all such other orders or undertake such other functions and activities as the Mayor reasonably believes is required to protect the health, safety, and welfare of persons or property within the city or otherwise preserve the public peace or abate, clean up, or mitigate the effects of any emergency or disaster.
(5) Duration. The declaration herein authorized shall be effective for a period of up to 21 days or until the adjournment of the next regular or special meeting of the City Council, whichever comes first, unless sooner terminated by a proclamation of the Mayor, or, his or her interim emergency successor, indicating that the civil emergency no longer exists. The Mayor or his or her interim emergency successor, shall have the power to re-proclaim the existence of an emergency at the end of each 21-day period during the time said emergency exists.
(6) Notice. Upon issuing the proclamation herein authorized, the Municipal Clerk shall notify the news media situated within the city, and shall cause at least four copies of the proclamation declaring the existence of the emergency and any curfew to be posted at the following places within the city: the city hall, the police station and in the area of any curfew.
(7) Violations. Any person violating the provisions of this section or executive orders issued pursuant hereto shall be guilty of an offense against the city and shall be punished as provided by § 10.99.
(8) Effect on other ordinances. Nothing contained in this section shall be construed to impair the powers contained in this code, giving powers to the police and fire departments, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the city.
(Ord. 2001-5083, passed 9-18-2001; Am. Ord. 2005-5202, passed 5-3-2005; Am. Ord. 2009-5277, passed 5-5-2009; Am. Ord. 2020-5430, passed 3-23- 2020)