(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 and/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, dangerous chemicals or dangerous liquids, civil emergency, power failure or aircraft accident, proclaim, in writing, a state of emergency. Coincident to the proclamation, the Mayor shall issue a notice of a special meeting of Council to be held within twelve hours of the time of the proclamation. At such special meeting the Mayor shall report on:
(1) The reasons for his or her action;
(2) The present state of the City;
(3) The remedial or corrective measures then, or to be, undertaken or considered;
(4) The input or recommendations of the Director of Civil Disaster;
(5) The activity of City safety forces;
(6) His or her recommendations for the duration of the emergency condition; and
(7) Any other pertinent matters he or she deems appropriate under the circumstances.
Council may, at its discretion, require additional periodic reports on the status of these matters or compel any person or City officer or employee to give it further facts or recommendations.
(b) As a part of such proclamation or by a subsequent written order after such proclamation is issued, the Mayor or Council may, at their discretion, as they deem necessary to the public safety:
(1) Delineate the boundaries of any area threatened by the emergency condition and restrict or prohibit persons from entering such area, except when carrying on necessary and legitimate pursuits, and control and regulate movement within and from such area;
(2) Establish a curfew within such area under regulations set by the Mayor or Council and prohibit persons from being out-of-doors during such curfew;
(3) Prohibit the sale, offering for sale and dispensing of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, 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;
(4) Commandeer such 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 such vehicles shall be held harmless for any loss or injury arising out of such use and shall be properly compensated for the use thereof by the City.
If possible, such emergency orders shall be broadcast by news media and posted in public places within the corporate limits, setting forth the details thereof and the standard of conduct required from people located within the corporate limits.
Such emergency action shall temporarily supersede all other enactments to the contrary for as long as the emergency conditions exist within the City.
(c) Council, by a two-thirds vote of its members in attendance, may overrule the Mayor's actions, decisions or recommendations and substitute its orders in place thereof, or Council may adopt and ratify the whole or any part of the Mayor's directions or proclamations.
(d) 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 terminated.
(e) The powers conferred by this section are in addition to any other power which may be conferred by law. 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. Nothing in this section shall be construed to permit suspension of the privilege to a writ of habeas corpus.
(f) Whoever violates or fails to comply with any of the provisions of this section or any order of the Mayor or Council made pursuant to this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 78-23. Passed 2-20-78.)