When the Mayor determines that a time of emergency or public danger exists within the City, the Mayor may, by proclamation:
1. Declare a state of emergency.
2. Take command of the Police and Fire Departments.
3. Govern the City.
4. Exercise any and all emergency powers the Mayor may deem appropriate under the circumstances, including but not limited to the following:
A. Direct emergency response activities by the Police and Fire Departments and by such emergency services personnel as the Mayor may designate or appoint.
B. Execute contracts for the emergency repair of public improvements should the same become necessary prior to the next regularly scheduled Council meeting.
C. Procure by purchase or lease, or authorize procurement by purchase or lease, of goods and services deemed necessary to the City’s emergency response efforts or for the repair of City buildings or facilities.
D. Lease or authorize for lease of property deemed necessary for the City’s emergency response effort or for the continued operation of City government.
E. Prescribe such restrictions, rules, and regulations that the Mayor may deem appropriate during the time of emergency or public danger and the same shall be legal and binding and shall have the effect of law.
5. The penalty for violation of a mayoral proclamation shall be specifically provided in any proclamation issued by the Mayor pursuant to this chapter consistent with one of the following:
A. A violation of a mayoral proclamation evidencing the exercise of emergency powers, or of any rule or order issued pursuant thereto by the Mayor, law enforcement officer, or emergency service personnel, shall constitute a violation of this section and shall be punishable as a simple misdemeanor as provided in Section 1.14. The Mayor may establish a fine for violations of the proclamation issued hereunder in an amount not to exceed the maximum fine provided in Section 1.14, however, if no fine is specified in the proclamation, the violation shall be subject to the penalties set forth in Section 1.14.
B. A violation of a mayoral proclamation evidencing the exercise of emergency powers, or of any rule or order issued pursuant thereto by the Mayor, law enforcement officer, or emergency service personnel, shall constitute a violation of this section and shall be punishable as a municipal infraction as provided in Chapter 4. The Mayor may establish a civil penalty for violations of the proclamation issued hereunder in an amount not to exceed the maximum penalty(s) provided in Section 103.4(b) of the Code of Iowa. The procedure shall be as follows:
(1) A citation shall be issued to a violator, on a form approved by the City Attorney. The civil penalty provided in the proclamation shall be due and payable within 30 days of the issuance of the citation to the City Clerk’s office.
(2) Within 30 days of the issuance of the citation, the alleged violator may file a written notice of appeal with the City Clerk. Failure to file an appeal with the City Clerk as provided herein shall be deemed an admission of the violation and the civil penalty shall be considered due and delinquent. Delinquent and unpaid fines are subject to collection in any manner allowed by law.
(3) In the event a timely written notice of appeal is filed with the City Clerk, a municipal infraction shall be issued pursuant to Chapter 4 of this Code of Ordinances and applicable Iowa law. Upon the court’s determination that a violation occurred, in addition to the applicable civil penalty and other remedies allowed by law, the violator shall be responsible for court costs.
6. Mayoral proclamations issued pursuant to this section shall remain in effect until withdrawn by the Mayor, provided however, that such proclamation shall be withdrawn by the Mayor, and the Mayor shall cease to exercise emergency powers hereunder at such time as the conditions giving rise to the emergency or public danger are no longer present.