Section
General Provisions
34.01 Interlocal agreement
34.02 Northern Kentucky Regional Hazard Mitigation Plan adopted
State of Emergency Curfew
34.15 Authority
34.16 Declaration of emergency
34.17 Notice to Board
34.18 Restriction of activities
34.19 When declaration effective
34.20 Termination
34.99 Penalty
Cross-reference:
Fire Prevention and Control; Fireworks, see Ch. 91
Police Department; Fire/Emergency Medical Service (EMS) Department, see Ch. 33
Business Regulations, see Title XI
GENERAL PROVISIONS
The City of Newport hereby:
(A) Adopts the Northern Kentucky Regional Hazard Mitigation Plan as the official Hazard Mitigation Plan of the City of Newport, Kentucky.
(B) Vests the Campbell County Office of Emergency Management with the responsibility, authority, and means to:
(1) Inform all concerned parties of this action; and
(2) Develop an addendum to this Hazard Mitigation Plan if the jurisdiction’s unique situation warrants such an addendum;
(C) Appoints Northern Kentucky Area Development District Regional Mitigation Committee to assure that the Hazard Mitigation Plan be reviewed according to the Plan Maintenance Procedures and that any needed adjustment to the Plan be developed and presented to the Campbell County Mitigation Committee and the City of Newport Board of Commissioners for consideration; and
(D) Agrees to consider any other official actions as may be reasonably necessary to carry out the objectives of the Northern Kentucky Regional Hazard Mitigation Action Plan for the City of Newport, Kentucky.
(Order R-2017-043, passed 7-24-2017)
STATE OF EMERGENCY CURFEW
Notwithstanding any other provision of law to the contrary, an emergency may be declared to exist within the City whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the City.
(1995 Code, § 2.64.040)
Whenever the Mayor or the City Manager, upon consultation with the Police Chief and Fire/EMS Chief, determine that an emergency exists within the City, they shall have power to impose any regulations necessary to preserve the peace and order of the City.
(1995 Code, § 2.64.050) (Ord. O-2001-21, passed 7-16-2001)
In the event an emergency is declared under the provisions of this subchapter, the Mayor or the City Manager shall have the power and authority to:
(A) Impose a curfew upon all or any portion of the City thereby requiring all persons in designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that, physicians, nurses and ambulance operators performing medical services, may be exempted from the curfew; (No person who is not a resident of the City, as evidenced by a current address on his or her driver’s license or other valid identification, shall be arrested or prosecuted for violation of a curfew without first being given a reasonable opportunity to leave the area and fails to do so is subject to arrest and prosecution.)
(B) Order the closing of any business establishments anywhere within the City for the period of the emergency, such businesses to include, but not be limited to those selling intoxicating liquors, cereal malt beverages, or gasoline;
(C) Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic;
(D) Call upon regular and auxiliary law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace within the City; and
(E) Issue such other orders as are necessary for the protection of life and property or to bring the emergency under control.
(1995 Code, § 2.64.070) (Ord. O-2001-21, passed 7-16-2001; Am. Ord. O-2013-004, passed 6-17-2013)
A curfew or order authorized by this subchapter may be amended or rescinded in like manner by the Mayor or the City Manager during the pendency of the emergency, but shall cease to be in effect upon the declaration by the Mayor or the City Manager that the emergency no longer exists or when superseded by action of the Board of Commissioners.
(1995 Code, § 2.64.090) (Ord. O-2001-21, passed 7-16-2001)