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EMERGENCIES
(A) A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives or property.
(B) In the event of an existing or threatened state of emergency endangering the lives, safety, health, and welfare of the people within the town, or threatening damage to or destruction of property, the Mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the town, to place in effect any or all of the restrictions hereinafter authorized.
(C) The Mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of the restrictions to any area specifically designated or described within the corporate limits of the town and to specific hours of the day or night; and to exempt from all or any part of the restrictions law enforcement officers, firefighters, and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and any other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the town.
(D) The Mayor shall proclaim the end of the state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the Board.
(E) During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions:
(1) Prohibit or regulate the possession off one’s own premises of explosives, firearms, ammunition, or dangerous weapons of any kind, and prohibit the purchase, sale, transfer, or other disposition thereof;
(2) Prohibit or regulate the buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one’s own premises;
(3) Prohibit or regulate any demonstration, parade, march, vigil, or participation therein from taking place on any of the public ways or upon any public property;
(4) Prohibit or regulate the sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substances;
(5) Prohibit or regulate travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food, or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof; and/or
(6) Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other places of public assembly.
(F) Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.
(G) During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this subchapter.
(1982 Code, § 3-3001) Penalty, see § 34.99
The proclamation for the declaration of a state of emergency and the imposition of specific prohibitions and restrictions shall take substantially the following form:
WHEREAS, The governing body of the __________ of __________, has duly adopted an ordinance authorizing the Mayor to determine and proclaim the existence of a state of emergency and to impose various restrictions after he determines that such restrictions are necessary as a response to an emergency.
NOW THEREFORE, I ____________________, Mayor of the __________ of __________ proclaim that:
I.
An emergency exists, and restrictions set forth in this proclamation are necessary in order to maintain an acceptable level of public order, services, and protection of lives, safety, and property during this emergency.
II.
I proclaim the following restrictions:
A. No person shall be a part of any assembly of three (3) or more persons in the area bounded by the corporate limits of __________, __________.
B. Possession, consumption, and transfer of intoxicating liquor.
1. No person shall possess or consume any intoxicating liquor, including beer and wine, other than on his premises.
2. No person shall sell or otherwise transfer any intoxicating liquor, including beer and wine.
C. Curfew.
1. No person not exempted by this proclamation shall appear in public in the geographic area described in this proclamation between the hours of _____ p.m. and midnight or between the hours of midnight and _____ a.m. of any day until I remove this curfew by proclamation.
2. This curfew shall apply to the area bounded by _______________________________.
3. I find it necessary to the preservation of the public health, safety, and welfare to exempt from these curfew restrictions the following classes of people in the circumstances indicated:
(a) (Those whose appearance is essential in order to obtain or furnish a service or commodity which is immediately necessary to sustain the health or well-being of themselves or of someone within curfew area.)
(b) (Those whose appearance necessarily occurs in the process of leaving a place at which they were temporarily engaged and from which they could not reasonably have planned their departure so as to avoid appearing during the period during which the curfew was applicable.)
(c) (Other)
D. Possession and transfer of dangerous weapons or substances.
1. No person shall possess any dangerous weapons or substances unless they remain in a place of storage on his premises, or, if they cannot be readily stored on his premises, unless they remain in a customary place of storage not readily available to the possessor. No person may transport or sell or otherwise transfer any dangerous weapons or substances.
2. I find it necessary to the prevention of the public health, safety, and welfare to exempt from these restrictions the following classes of people in the circumstances indicated:
Police officers may possess any weapon necessary to carry out their duties when on active duty.
Anyone may possess gasoline when the gasoline is in the tank of a car in his possession. ____________________ may transfer __________________ when ____________________.
E. Access for restricted areas.
1. I direct the chief of police and his subordinates to restrict or deny access to any area, location, or street where such a restriction is necessary in order to help overcome this emergency or to prevent the emergency from worsening. These restrictions on access shall be indicated by means of barricades, posted notices, or orders to anyone in the area.
2. No person shall obtain access or attempt to obtain access to any area, location, or street to which the chief of police and his subordinates have restricted access according to the directions I have just given to them.
III.
Anyone violating any restriction imposed by this proclamation or under its authority violates town ordinance and is guilty of a misdemeanor.
IV.
This proclamation shall take effect immediately.
________________
Hour and Date
________________
Mayor
SEAL OF THE TOWN
(1982 Code, § 3-3002)
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