(a) The Mayor may, in times of public emergency or when existing circumstances or the state of facts presents imminent and substantial danger of bodily harm to large numbers of people or widespread destruction of property, such as, but not limited to, natural disorders caused by an act of God, explosion, fire, tumult, diffusing of explosive vapors, diffusing of dangerous chemicals or liquids, civil emergency, power failure or aircraft accident, proclaim in writing a state of emergency and coincident to the proclamation he shall issue notice of a special meeting of Council to be held within twelve hours of the time of the proclamation. At this special meeting, the Mayor shall report on:
(1) The reason for his action;
(2) The present state of the City;
(3) The remedial or corrective measures then or to be undertaken or considered;
(4) The activity of City safety forces;
(5) His recommendations for the duration of the emergency condition; and
(6) Any other pertinent matters he deems appropriate under the circumstances. Council may, at its discretion, require additional periodic reports on the status of these matters.
(b) As part of the proclamation or by subsequent written order after the proclamation is issued, the Mayor may, in his discretion as he deems necessary to the public safety:
(1) Delineate the boundaries of any area threatened by the emergency condition and restrict or prohibit persons from entering the area except when carrying on necessary and legitimate pursuits, and control and regulate movement within and from that area;
(2) Establish a curfew within that area under regulations set by the Mayor or Council and prohibit persons from being out-of-doors during the curfew;
(3) Prohibit the sale, offering for sale, and dispensing of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, and incendiary devices and any necessary ingredient thereof, and regulate or control the transportation thereof, and temporarily suspend the sale of all kinds of alcoholic beverages in containers of any kind; and
(4) Commandeer those private or public vehicles as may be necessary for the transportation of prisoners, or any other emergency transportation needs with the understanding that the owners of those vehicles will be held harmless for any loss or injury arising out of the use and will be properly compensated for the use thereof by the City.
(c) When the danger has passed, the Mayor or Council shall forthwith make a proclamation that the emergency has ended and any proclamation, order or regulation issued pursuant to this section shall then be void.
(d) 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 the authority, powers, duties and responsibilities of any officer or public official as may be provided by law. Nothing in this section shall be construed to permit suspension of the privilege to a writ of habeas corpus.
(e) No person shall violate or fail to comply with any of the provisions of this section or any order of the Mayor made pursuant to this section.
(f) Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree.
(1979 Code 132.10)
(1979 Code 132.10)