(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY. 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 the force, by three or more persons acting together without authority of law, or any natural disaster or human-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property, to such extent that extraordinary measures must be taken to protect the public health, safety and welfare.
CURFEW. A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a CURFEW has been imposed, except persons officially designated to duty with reference to civil emergency.
(B) Proclamation by Mayor. When, in the judgment of the Mayor, a civil emergency is deemed to exist, he or she shall, forthwith, proclaim in writing the existence of the civil emergency. In case of the absence of the Mayor from the city, the Chief of Police shall be authorized to act in his or her stead.
(C) Imposition of curfew. After proclamation of a civil emergency by the Mayor, he or she may order a general curfew applicable to any geographical areas of the city or to the city as a whole which he or she deems advisable and applicable, during those hours of the day or night which he or she deems necessary in the interest of the public safety and welfare.
(D) Additional regulations. After proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders:
(1) Order the closing of all retail liquor stores;
(2) Order the closing of all taverns;
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted;
(4) Order the discontinuance of the sale of beer;
(5) 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;
(6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
(7) Order the discontinuance of selling, distributing, dispensing or giving away of firearms or ammunition; and/or
(8) Issue orders that are imminently necessary for the protection of life and property.
(E) Emergency powers. During the period of a declared state of emergency, the Mayor shall have the power to invoke any or all of the following provisions.
(1) Alcoholic beverages. No person shall consume any alcoholic beverages in a public street, a place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
(2) Weapons. No person shall carry or possess any rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another.
(3) Incendiary missiles. No person shall make, carry, possess or use any type of Molotov cocktail, gasoline, petroleum-base fire bomb or other incendiary missile.
(4) Restricted areas. No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or his or her duly designated representative, or such person shall have a residence therein.
(Prior Code, § 131.05) (Ord. G-12-71, passed 7-13-1971) Penalty, see § 131.99