§ 32.01 STATE OF EMERGENCY; CURFEW.
   (A)   A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, grave civil disturbance or similar public emergency, for any reason, public safety officials are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property, or whenever the occurrence of any such condition is imminent.
   (B)   In the event of a state of emergency threatening or endangering the lives, safety, health or welfare of the people within the town, or threatening damage to or destruction of property, the Mayor of the town is 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, safety, health, welfare and property of people within the town, to place into effect any and all restrictions herein authorized, including the limitation to define and impose a curfew applicable to all persons within the jurisdiction of the town.
   (C)   The Mayor is authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the city and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, firefighters, emergency medical personnel and other public employees; doctors, nurses and 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 entities, including those operated for profit; and such other classes of people 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 city.
   (D)   The Mayor shall proclaim the end of such 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 Town Council.
   (E)   During the existence of a proclaimed state of emergency, the Mayor by proclamation may prohibit or restrict any or all of the following:
      (1)   Travel or presence upon any public street or any other public- or city-owned property;
      (2)   Any demonstration, parade, march or vigil, or participation therein, on any public street or upon any public- or city-owned property;
      (3)   The operation of any office or business establishment or any other places to or from which people may travel or at which people may congregate;
      (4)   The purchase, sale or transportation of beer, wine and alcoholic beverages of any kind, or their possession or consumption off one’s own premises;
      (5)   The possession, transportation, storage or use off one’s own premises of explosives, firearms, ammunition or dangerous weapons of any kind, or the purchase, sale, transfer or other disposition thereof;
      (6)   The possession, transportation, storage or use off one’s own premises of gasoline, kerosene or any other explosive, dangerous or flammable fluids or substances, or the purchase, sale, transfer or other disposition thereof; and
      (7)   Such other activities or conditions, the control of which may be reasonably necessary to maintain order and protect lives during the state of emergency, upon statement of the reasons for such necessity in the proclamation.
   (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)   The Town Council may be called into session within 72 hours after a state of emergency has been proclaimed by the Mayor.
   (H)   The prohibitions of division (E) above shall automatically apply upon imposition of any curfew under this section, unless specifically exempted.
(Ord. passed 9-1-1998)