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(A) The Chairperson of the Board of Commissioners, by proclamation, may impose the prohibitions and restrictions specified in §§ 70.30 and 70.31 in the manner described in those sections. The Chairperson may impose as many of those specified prohibitions and restrictions as he or she finds necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety and property. The Chairperson shall recite the findings in the proclamation.
(B) The proclamation shall be in writing. The Chairperson shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the county courthouse. The Chairperson shall retain a text of the proclamation and furnish, upon request, certified copies of it for use as evidence.
(1984 Code, § 2-5-39) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
The Chairperson may amend or extend the proclamation from time to time, making the modifications as he or she would have been authorized to include in the original proclamation. The proclamation shall expire five days after its last imposition unless sooner terminated.
(1984 Code, § 2-5-40) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
A proclamation may direct and compel the evacuation of all or part of the population of the county by prescribed routes, modes of transportation and destination in connection with evacuation and may control ingress and egress of a disaster area and the occupancy of premises therein.
(1984 Code, § 2-5-41) (Ord. passed 10-1-1990)
(A) The proclamation may impose a curfew prohibiting in certain areas and, during certain periods, the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area or areas and the period during each 24-hour day to which the curfew applies. The Chairperson may exempt from some or all of the curfew restrictions classes of people whose exemption the Chairperson finds necessary for the preservation of the public health, safety and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted.
(B) Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Chairperson by proclamation removes the curfew.
(1984 Code, § 2-5-42) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
(A) Intoxicating liquor.
(1) The proclamation may prohibit the possession or consumption of any intoxicating liquor, including beer and wine, other than on one’s own premises, and may prohibit the transfer, transportation, sale or purchase of any intoxicating liquor within the area of the county described in the proclamation.
(2) The prohibition, if imposed, may apply to transfers of intoxicating liquor by employees of alcoholic beverage control stores as well as by anyone else within the geographic area described.
(B) Dangerous weapons and substances.
(1) The proclamation may prohibit the transportation or possession off one’s own premises, or the sale or purchase of any dangerous weapon or substance. The Chairperson may exempt, from some or all of the restrictions, classes of people whose possession, transfer or transportation of certain dangerous weapons or substances is necessary to the preservation of the public health, safety or welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted.
(2) DANGEROUS WEAPON OR SUBSTANCE means:
(a) Any deadly weapon, ammunition, incendiary device, radioactive materials or devices, explosive, gasoline or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property;
(b) Any other instrument or substance that is capable of being used to inflict serious bodily injury or destruction of property, when the circumstances indicate that there is some probability that the instrument or substance will be so destructively used; and
(c) Any part or ingredient in any instrument or substance included above.
(3) If imposed, the restrictions shall apply throughout the jurisdiction of the county or the part thereof as designated in the proclamation.
(4) A violation of this section shall be punishable as provided by state statute.
(C) Access to areas.
(1) The proclamation may prohibit obtaining access or attempting to obtain access to any area, designated in the manner described in this division, in violation of any order, clearly-posted notice or barricade indicating that access is denied or restricted.
(2) Areas to which access is denied or restricted shall be designated by the Sheriff and his or her subordinates when directed in the proclamation to do so by the Chairperson. When acting under this authority, the Sheriff and his or her subordinates may restrict or deny access to any area, street, highway or location within the county if that restriction or denial of access or use is reasonably necessary to promote efforts being made to overcome the emergency or to prevent further aggravation of the emergency.
(D) Other restrictions. The proclamation may prohibit or restrict:
(1) Movements of people in public places;
(2) The operation of offices, business establishments and other places to or from which people may travel or at which they may congregate; and
(3) Other activities or conditions, the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency, within the area designated in the proclamation.
(1984 Code, § 2-5-43) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
The Chairperson, in his or her discretion, may invoke the restrictions authorized by this chapter in separate proclamations and may amend any proclamation by means of a superseding proclamation.
(1984 Code, § 2-5-45) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
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