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ARTICLE IV.
CIVIL EMERGENCIES--POWERS OF THE MAYOR
CIVIL EMERGENCIES--POWERS OF THE MAYOR
A civil emergency is hereby defined as:
(1) A riot or unlawful assembly characterized by the use of force or violence disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together without authority of law; or
(2) Any natural disaster or man-made calamity, including flood, conflagration, windstorm, tornado, earthquake or explosion within the corporate limits of the city 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 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 said civil emergency.
(Ord. No. 3514, § 1, 9-8-70)
When in the judgment of the mayor, or in the event of his absence or inability to act, the vice-mayor, and upon the advice and with the consent of a majority of the council, or if a majority of the council is unavailable for any reason, with the advice of the police or fire chief and the city manager, or their duly appointed designees, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of the same.
(Ord. No. 3414, § 1, 9-8-70)
After proclamation of a civil emergency by the mayor or vice-mayor, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.
(Ord. No. 3514, § 1, 9-8-70)
After proclamation of a civil emergency by the mayor or vice-mayor, he may also, in the interest of public safety and welfare, make any or all of the following orders:
(1) Order the closing of any or all retail liquor stores.
(2) Order the closing of any or all beer taverns.
(3) Order the closing of any or all private clubs or portions thereof wherein the consumption of intoxicating liquors and/or beer is permitted.
(4) Order the discontinuance of the retail sale of beer.
(5) Order the discontinuance of the sale, distribution, or gift of gasoline or other liquid flammable or combustible products in any container other than a gas tank properly affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
(7) Order the discontinuance of the sale, distribution, dispensing, loan or gift of any firearms or ammunition of any character whatsoever.
(8) 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 and/or ammunition.
(9) Issue such other orders as are eminently necessary for the protection of life and property.
(Ord. No. 3514, § 1, 9-8-70)
Any proclamation or order issued in accordance with the provisions of this article shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; however, the duration of any such proclamation or order may be extended for such additional periods of time as may be determined necessary by the mayor.
(Ord. No. 3514, § 1, 9-8-70)
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