(a) In the event that the Mayor, or in his absence the President of Council, or in the absence of both the Mayor and the President of Council, the Safety Service Director, finds it necessary in order to preserve the public safety and good order of the community in times of public crisis, disaster, riot or civil emergency, then such official may declare and establish a curfew prohibiting the physical presence of anyone in or upon any street, sidewalk, alley, highway, public place or vacant premises within the City.
(b) The emergency curfew would be authorized in times of public emergency or when existing circumstances or state of facts present imminent and substantial danger of bodily harm to large numbers of people or widespread destruction of property, such as natural disorders caused by an act of God, explosions, fires, tumult, diffusing explosive vapors, diffusing dangerous chemicals or liquids, civil emergency, power failure or aircraft or train accidents. The action establishing the emergency curfew shall proclaim in writing that a state of emergency exists.
(c) (1) The official may declare a state of emergency within the City upon determining that property, real or personal, whether it be public or private, is in danger of being damaged or destroyed; or that the health, safety and welfare of the inhabitants of the City is in jeopardy; or that gatherings of rioters, protesters or demonstrators constitute a threat to the peace, quiet, and good order of the City.
(2) At such time that a state of emergency is declared and until time as the emergency is declared at an end, curfew shall prevail within the City with hours established by the Mayor, President of Council or Safety Service Director.
(3) During the time that the curfew is in effect, no person shall loiter upon the streets, avenues, parks or other public place within the City and no person shall be upon the streets, avenues, alleys, parks or other public place within the City without being able to show just cause and to give a reasonable account of such person’s activities.
(4) Any police officer of the City, or any peace officer acting under the direction of the duly authorized agent, shall have the right to stop any persons subject to the curfew and to inquire of such persons proof of their age, their destination and purpose for being upon the public streets, parks, or places of the City, to determine if such persons are subject to the curfew.
(5) The curfew shall be publicized by use of the public news media and shall be posted in conspicuous places in public buildings.
(d) As part of the proclamation or by subsequent written order after the proclamation is issued, the Mayor, President of Council or Safety Service may, in his or her discretion, as he or she deems necessary to the public safety:
(1) To designate any public street, thoroughfare or vehicle parking area closed to motor vehicles and pedestrian traffic.
(2) Delineate the boundaries of any area threatened by emergency condition and restrict or prohibit from entering such area except when carrying on necessary and legitimate pursuits, and control and regulate movement within and from such area.
(3) To call upon regular or other law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace within the City.
(4) Provide that Sharonville elected officials, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firefighters and City authorized or requested law enforcement officers and personnel be exempt from the curfew.
(5) To order the closing of any business establishment anywhere within the City for the period of emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, malt beverages, gasoline or firearms. To prohibit the sale, offering for sale, dispensing and regulate or control the transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, incendiary devices and any necessary ingredient thereof.
(e) When the danger has passed, the Safety Service Director shall proclaim forthwith that the emergency has ended and any proclamation, order or regulation issued pursuant to this section shall be void. In any event, however, such emergency curfew shall terminate at the next regular or emergency session of the Sharonville City Council, which shall then determine whether or not the curfew is to be continued, amended or terminated.
(f) The powers conferred by this section are in addition to any other power which may be conferred by law 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. This section shall not be construed to permit suspension of the privilege to a writ of habeas corpus.
(g) Whoever fails or refuses to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein is guilty of a minor misdemeanor.
(Ord. 2006-46. Passed 9-26-06.)