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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)
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