(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY.
(a) A riot of unlawful assembly characterized by the use of actual force of violence or any threat to use force if accompanied by immediate power to execute such force by three or more persons acting together without authority of law; or
(b) Any natural disaster human-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the town resulting 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.
CURFEW. 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 town during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to said civil emergency.
(B) Proclamation by President of Town Council. When, in the judgment of the President of the Town Council, a civil emergency as defined herein is deemed to exist, he or she shall forthwith proclaim in writing the existence of same. In case of the absence of the President of the Town Council from the town, the Town Marshal shall be authorized to act in his or her stead.
(C) Imposition of curfew. After proclamation of a civil emergency by the President of Town Council, he or she may order a general curfew applicable to such geographical areas of the town or to the town as a whole, as he or she deems advisable and applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare.
(D) Additional regulations. After proclamation of a civil emergency, the President of the Town Council may also in the interest of public safety and welfare make any or all of the following orders: issue such orders as are imminently necessary for the protection of life and property.
(E) Emergency powers. During the period of a declared state of emergency, the President of the Town Council shall have the power to invoke any or all of the following provisions.
(1) Alcoholic beverages. No person shall consume any alcoholic beverages in a public street or place which is publicly owned, or in any motor vehicle driven or parked thereon which is within a duly assigned restricted area.
(2) Weapons. No person shall carry or possess any rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another.
(3) Incendiary missiles. No person shall make, carry, possess or use any type of a “Molotov cocktail,” gasoline or petroleum base fire bomb or other incendiary missile.
(4) Restricted areas. No person shall enter any area designated by the President of the Town Council as a restricted area unless in the performance of official duties or with written permission from the President or his or her duly designated representative, or such person shall prove residence therein.
(Prior Code, § 70.07) Penalty, see § 10.99