(A) Salary. The Mayor shall receive an annual salary of $5,000, payable bi-weekly.
(`94 Code, § 131.01) (Ord. 10-90, passed 3-13-90; Am. Ord. 38-2000, passed 11-28-00; Am. Ord. 32-2003, passed - -03; Am. Ord. 4-2004, passed 1-27-04)
(B) Emergency powers of Mayor.
(1) Proclamations of Emergency. Whenever the Mayor determines that any natural disaster, civil disturbance, disorder or other occurrence constitutes a clear and present danger to the health, safety and property of the residents of the village, or substantially impairs the functioning of the village government and its ability to protect the lives and property of the people, he or she is hereby authorized to proclaim in writing the existence of a public danger or emergency.
(2) Special Council Meetings. The Mayor shall call a special meeting of Council to he held within 24 hours after the time of any proclamation made under the authority granted in division (B)(1) hereof and shall serve notice of such special meeting upon all Council members in accordance with the provisions of law or a rule of Council, as may be applicable. At such special meeting, the Mayor shall present to Council the state of the emergency. Council shall then determine whether the emergency shall continue or terminate.
(3) Proclamation of Curfew. After the proclamation of a public danger or emergency by the Mayor, he or she shall have the power to order a general curfew applicable to such geographical areas of the village, or to the village as a whole, as he or she deems advisable, and during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. Such curfew shall be declared in a proclamation by the Mayor, and the Mayor shall immediately notify the public that such proclamation and curfew shall take effect in one hour after the issuance of such proclamation. The Mayor shall also warn the public that any violation of the curfew shall be deemed a misdemeanor for which violators will be arrested.
(4) Emergency Orders.
(a) After the proclamation of a public danger or emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders:
1. Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access;
2. Delineate the boundaries of any area threatened by a public danger or emergency and restrict or prohibit the movement of persons into, from or within such area;
3. Prohibit or restrict the retail sale, distribution or giving away of gasoline or other flammable or combustible liquids or other products;
4. Order the closing of gasoline stations and other establishments, the chief activity of which is the retail sale, distribution, dispensing or giving away of flammable or combustible liquids or other production;
5. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character;
6. Order the closing of any or all establishments, or portions thereof, the chief activity of which is the sale, distribution or giving away of firearms or ammunition;
7. Prohibit or restrict the carrying or possession on the public streets or public sidewalks, in any public park or square or any other public place, a weapon or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
8. Prohibit or restrict the retail sale, distribution, dispensing or giving away of acids, caustics or other chemicals or substances capable of being used singly or in combination to cause injury or damage to persons or property.
9. Order the closing of all taverns and all private clubs, or portions thereof, wherein the consumption of intoxicating liquor or beer is permitted;
10. Order the discontinuance of the sale of liquor, beer or other alcoholic beverages; and
11. Issue such other orders as are eminently necessary for the protection of life and property.
(b) The Mayor shall issue a proclamation of such orders to the public through the news media and such other means of dissemination as he or she deems advisable. Such proclamation shall also be delivered to the Chief of Police who shall inform the businesses affected by such proclamation.
(5) Duration of Emergencies. Any emergency proclaimed in accordance with this section shall terminate upon the action of Council pursuant to division (B)(2) hereof or upon the issuance of a proclamation by the Mayor determining that an emergency no longer exists, whichever occurs first.
(6) Additional Powers. The powers conferred by this section are in addition to any other power which may be conferred by federal law, state statute or village ordinance and nothing in this section shall be construed to modify or limit such authority, powers, duties and responsibilities of any officer or public official as may be provided by law.
(7) Criminal Offenses in Times of Public Danger or Emergency.
(a) No person, in a time of public danger or emergency, shall knowingly fail to obey any order of the Mayor issued under authority of this section.
(b) No person, in a time of public danger or emergency, shall knowingly fail to obey the order of any police officer, militiaman, fireman, member of the National Guard or other authorized person acting under orders or authority issued under this section.
(c) No person, in a time of public danger or emergency, shall knowingly interfere with any person lawfully acting under authority granted by this section or under any order issued under this section.
(d) No person shall knowingly, in any way, interfere with any police officer, militiaman, fireman, member of the National Guard or any other authorized person who in time of a public danger or emergency is engaged in the protection and preservation of life, property or the public peace.
(e) Nothing in this section shall be interpreted to prevent the prosecution of a person under any other ordinance of the village or a law of the state.
(8) Access of Information to News Media. Divisions (B)(1) through (7) and (B)(9) hereof shall not apply to and shall not be construed to limit access or deny information to, or authorize the limitation of access or denial of information to, authorized news media representatives in the lawful exercise of their duties, which information they would otherwise be entitled to.
(9) Penalty. Whoever violates any provision of this section or any executive order issued pursuant to this section is guilty of a misdemeanor of the first degree.
(`94 Code, § 509.08) (Ord. 19-80, passed 6-1-80)
Statutory reference:
Emergency management and civil defense agencies, R.C. Chapter 5502
Authority to proclaim temporary emergencies, R.C. § 5502.24
Local emergency management organizations, O.A.C. 4501:3-3-01