Section
Civil Emergency
34.001 Definitions
34.002 Declaration of emergency
34.003 Curfew
34.004 Authority of Mayor to issue orders
34.005 Effectiveness
34.006 Notification
Auxiliary Police
34.020 Appointment
34.021 Not members of Police Department
34.022 Powers and duties
34.023 No firearms
34.024 Training course
34.025 Compensation
Police Department
34.040 Department established
34.041 Public Safety Committee
34.042 Head of Department
34.043 Appointment
34.044 Salary
34.045 Duties
34.046 Mutual aid contract
34.047 Appointment of patrolmen
34.048 Shift work
34.049 Special/part-time police officers
34.050 Hiring standards
34.051 Residency requirement
34.052 Enforcement of laws
34.053 Execute warrants
34.054 Legal processes
34.055 Assisting police officer
34.056 Aiding Fire Department
34.057 Failure to perform
34.058 Aiding in escape
34.059 Use of intoxicating liquor
Fire Department
34.070 Established
34.071 Membership
34.072 Meetings
34.073 Records
34.074 Reports
34.075 Inspections
34.076 Assistant Chiefs
34.077 Drills
34.078 Duties
34.079 Obedience to orders
34.080 Supervision
34.081 Command at fires
34.082 Enforcement of ordinances
34.083 Use of apparatus; injury
34.084 Entering fire houses
34.085 Equipment
34.086 Removal of members of Fire Department
34.087 Mutual aid agreements
34.088 Fire calls outside city limits
34.089 Residency requirement
34.999 Penalty
CIVIL EMERGENCY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL EMERGENCY.
(1) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or
(2) Any natural disaster or human-made calamity, including flood, conflagration, cyclone, 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. 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 officials of any governmental unit and persons officially designated to duty with reference to the civil emergency.
(1975 Code, § 30.01)
Whenever an emergency as defined in § 34.001 exists, the Mayor shall declare the existence by means of a written declaration, setting forth the facts which constitute the emergency.
(1975 Code, § 30.02)
After proclamation of a civil emergency, by the Mayor, he or she may order a general curfew applicable to such geographical areas of the city or to the city 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.
(1975 Code, § 30.03)
After the proclamation of a civil emergency, the Mayor of the city may also, in the interest of public safety and welfare, make any or all of the following orders:
(A) Order the closing of all retail liquor stores, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted;
(B) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
(C) Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever;
(D) 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; and/or
(E) Issue such other orders as are imminently necessary for the protection of life and property.
(1975 Code, § 30.04)
The proclamation herein authorized shall be effective for a period of 48 hours unless sooner terminated by a proclamation of the Mayor indicating that the civil emergency no longer exists. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each 48-hour period during the time the civil emergency exists.
(1975 Code, § 30.05)
Upon issuing the proclamation herein authorized, the Chief of Police shall notify the news media situated within the city and shall cause three copies of the proclamation declaring the existence of the emergency to be posted at the following places within the city:
(A) City Hall;
(B) The police station; and
(C) The post office.
(1975 Code, § 30.06)
AUXILIARY POLICE
The Mayor is hereby authorized to appoint 25 auxiliary police officers as employees, subject to the advice and consent of the City Council. Prior to appointment, all proposed auxiliary police officers shall be fingerprinted and their fingerprints shall be checked with the Federal Bureau of Identification, Washington, D.C., for any possible criminal record. No person shall be appointed as an auxiliary police officer if he or she has been convicted of a felony or other crime involving moral turpitude. The appointment of any or all auxiliary police officers may be terminated by the Mayor subject to the advice and consent of the City Council.
(1975 Code, § 30.08)
Such auxiliary police officers shall not be members of the regular Police Department of the city. Auxiliary police officers shall be residents of the city. Identification symbols worn by such auxiliary police officers shall be different and distinct from those used by the regular Police Department and shall be selected and chosen by the Chief of Police of the city. Auxiliary police officers shall, at all times, during the performance of their duties, be subject to the direction and control of the Chief of Police of the city.
(1975 Code, § 30.10)
Auxiliary police officers shall have the following powers and duties when properly assigned and on duty:
(A) To aid or direct traffic in this municipality;
(B) To aid in control of natural or human-made disasters;
(C) To aid in case of civil disorder;
(D) To perform normal and regular police duties when assigned by the Chief of Police on occasions when it is impracticable for members of the regular Police Department to perform normal and regular police duties;
(E) To arrest or cause to be arrested, with or without process, all persons who break the peace, or are found violating any municipal ordinance or any criminal law of the state;
(F) To commit arrested persons for examination;
(G) If necessary, to detain arrested persons in custody overnight or Sunday in any safe place, or until they can be brought before the proper magistrate;
(H) To exercise all other powers as conservators of the peace that the corporate authorities may prescribe; and
(I) To serve and execute all warrants for the violation of municipal ordinances, or the state criminal law, within the limits of the city, and for this purpose, to have all the common law and statutory power of sheriffs.
(1975 Code, § 30.11)
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