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As used in this chapter, the following definitions shall apply:
CIVIL EMERGENCY: A civil emergency may include but not be limited to the following:
A. 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 such force by three (3) or more persons acting together without authority by law.
B. Any natural disaster or human made calamity, including flood, conflagration, cyclone, tornado, earthquake, technological disruption, cyberattack, or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such extent that extraordinary measures must be taken to protect the public health, safety and welfare.
C. Any act of war, revolt, terrorism, or hostile missile or bomb directed at or near the city.
D. Any public health crisis or event of an actual or eminent outbreak, or reasonable threat of an actual or eminent outbreak, of any infectious disease that presents a threat to the health or safety of the residents of the city, or threatens to unreasonably strain the medical emergency service resources available in the city.
E. Any other state of public emergency that the mayor has determined under his or her sole discretion is in active existence ,or that the Governor of Iowa has determined. (Ord. 4937, 1-12-2009; amd. Ord. 5548, 3-16-2020)
A. When pursuant to section 5-2B-1
of this article, the mayor determines that a state of civil emergency exists within the city, the mayor may declare a state of civil emergency by proclamation and do any of the following if necessary:
1. Take command of the police and fire departments;
2. Govern the city; and
3. Exercise all emergency powers, including but not limited to those outlined in section 5-2B-3
of this article.
B. The mayor pro tem may declare a civil emergency pursuant to this section only when the mayor is mortally injured, missing, or otherwise incapacitated. (Ord. 5548, 3-16-2020)
A. The emergency powers conferred upon the mayor pursuant to this section shall include the power to do the following:
1. Direct emergency response activities by the police and fire departments and by such emergency services personnel as the mayor may designate.
2. Execute contracts for the emergency repair of public improvements.
3. Procure by purchase or lease or authorize procurement by purchase or lease, property, goods, and services deemed necessary to the city’s emergency response effort or for the repair of city buildings or facilities, or for any other necessary public purpose.
4. Lease or authorize the lease of property and/or buildings deemed necessary for the city’s emergency response effort or for the continued operation of city government.
5. Order the limitation or closure of public events, gathering places, institutions, or facilities within city limits. Order the limitation or closure of private events, businesses, institutions, or gathering places within the city limits only when imminently necessary for the protection of life and property.
6. Order a general curfew applicable to such geographical areas of the city or to the city as a whole as the mayor deems advisable and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public safety and welfare. A curfew shall be a prohibition against any person or persons walking, running, loitering, standing or motoring upon an alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, accepting persons officially designated to perform duties with reference to said civil emergency.
7. Mandate that all or any part of the city be evacuated as the mayor deems advisable and applicable for the preservation of life or other disaster mitigation, response or recovery.
8. Order that any other extraordinary measures be taken for the preservation of health, life, or other disaster mitigation, response, or recovery.
B. All powers exercised by the mayor pursuant to this section shall be in accordance with Iowa Code Chapter 21, when possible. The mayor shall consult with available city council members in the exercise of any powers pursuant to this section.
C. The mayor shall immediately inform council members, police chief, fire chief, city staff, and media outlets of the proclamation and any subsequent proclamation that may be issued. (Ord. 5548, 3-16-2020)
The violation of a mayoral proclamation of emergency or of any subsidiary proclamation thereto evidencing the exercise of emergency powers or of any rule or order issued pursuant thereto by the mayor, or the mayor pro tem in the absence of the mayor, or of any order issued pursuant thereto by any peace officer or of any directive issued by designated emergency services personnel pursuant thereto shall constitute a violation of this section and shall be punishable as a misdemeanor as provided by section 1-3-1
of this code. (Ord. 5548, 3-16-2020)
A. Mayoral proclamations issued pursuant to this article shall take immediate effect and remain in effect for not to exceed thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor. Once withdrawn, all civil emergency orders imposed by the proclamation shall cease and the mayor shall immediately cease to exercise civil emergency powers.
B. The mayor may issue a subsequent proclamation declaring a civil emergency only if the conditions giving rise to the civil emergency remain present or an event resulting from the civil emergency arises. Subsequent proclamations shall be in immediate effect for not more than thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor.
C. The city council may, by resolution, order the withdraw of any proclamation declaring a civil emergency in the event conditions giving rise to the civil emergency are no longer present or thirty (30) days from the date of the proclamation has passed. (Ord. 5548, 3-16-2020)