121.01 CIVIL EMERGENCY; POWERS OF MAYOR; PENALTY.
   (a)   Definitions.
      (1)   A civil emergency is hereby defined to be:
         A.   A riot or unlawful assembly characterized by the use of force or violence or any threat to use such force by three or more persons acting together without the authority of law;
         B.   Any natural disaster or man made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City resulting or reasonably expected to result in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
      (2)   Curfew is hereby defined as 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, excepting persons officially designated to duty with reference to such civil emergency.
   (b)   Powers of Mayor.
      (1)   Whenever, in the judgment of the Mayor, or acting mayor, a state of civil emergency exists as a result of mob action, riots, general civil disobedience or disorder, or the threat of any of the same exists, the Mayor or acting mayor shall, in addition to all other powers granted him or her by the laws of this State and the Charter and ordinances of the City, be empowered, in order to suppress such actions and preserve the peace and order of the City and to protect its residents and their property, to issue a proclamation declaring a state of civil emergency to exist and may thereby exercise the powers granted in the following subsections:
         A.   To impose a curfew upon all or any portion of the City as designated therein as he or she deems advisable during such hours of the day or night as he or she determines necessary in the interest of the public safety and welfare, and during which all persons shall remove themselves to their places of residence and remain off and away from the public streets, sidewalks, parkways, parks and all other public or open places, and no persons shall assemble, gather, loiter or otherwise congregate in any manner in groups, assemblies or meetings in any place for any purpose whatsoever; provided, however, that persons performing medical services, essential public utility services, public officials, policemen, fireman and all other persons explicity enumerated in such proclametion may be exempted from curfew;
         B.   To order the closing of any and all business establishments throughout the City or any portion thereof during the period for which the state of emergency exists or during the curfew hours;
         C.   To order discontinuance of selling, distributing, dispensing or giving away of any firearms or other weapons of any character whatsoever;
         D.   To order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition or other weapons of any character whatsoever;
         E.   To order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquor or nonintoxicating beer.
         F.   To order the discontinuance of the sale, distribution, or giving away of intoxicating or nonintoxicating liquors;
         G.   To order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or nonintoxicating beer is permitted;
         H.   To 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;
         I.   To order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of gasoline or other liquid flammable or combustible products;
         J.   To designate any public place, public street, thoroughfare, boulevard, parking area and any other place closed to motor vehicles, persons and pedestrian traffic;
         K.   To order all regular, special and auxiliary policemen, firemen and other conservators of the peace to report for duty assignment, such reporting to be in accordance with prearranged plans or under the direction of lawful authority; and
         L.   To call upon the National Guard and/or State Highway Patrol for assistance.
   (c)   Proclamations.
      (1)   Any such proclamation of a state of emergency shall become immediately effective upon its execution and issuance by the Mayor, and the original thereof shall be filed and remain in the office of the Clerk of Council.
      (2)   The proclamation issued in accordance with the provisions of this section shall remain in effect continuously from the date and time of the issuance thereof for such period of time as specifically prescribed therein, or upon the issuance of a proclamation determining a civil emergency no longer exists, whichever occurs first.
   (d)   Compliance; Penalty. No person shall fail, neglect or refuse to comply with the orders made or prohibitions instituted by a proclamation issued under the provisions of this section, and no person shall otherwise violate or in any manner aid, assist, encourage or countenance the commission or perpetration of a violation of such proclamation. Whoever violates this section is guilty of a misdemeanor of the third degree. For the purpose of the prosecution of any person for the violation of this section, a copy of the proclamation of the Mayor certified by the Clerk of Council to be a true and correct copy thereof shall be deemed to constitute prima-facie evidence that such proclamation was duly issued by the Mayor on the date and at the time set forth therein