(a) Power to Proclaim Emergency. The Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim a state of emergency in the City whenever he or she is advised by the Deputy Director, Department of Public Safety-Police Division, that a civil disturbance, riot or civil commotion is in progress, and that there is present within the City limits or in immediate proximity thereto, large groups of persons engaged in rioting, looting and the destruction of property, or threatening physical violence in defiance of the ordinances of the City or statutes of the State, and that the presence of such groups of persons is likely to require extraordinary measures to quell, subdue or control the same, including an appeal to the civil authority of the surrounding communities for additional police personnel to meet such conditions. Having received such report from the Deputy Director, the Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim the existence of an emergency.
(b) Issuance of Emergency Orders. Upon the proclamation of the existence of such emergency, the Mayor is hereby granted emergency powers to declare, issue and decree emergency orders, and may also issue orders incidental to the emergency, placing into effect any of the following restrictions, prohibitions and affirmative commands, as conservator of the peace of the City, and such restrictions shall thereafter be in full force and effect for the duration of the emergency so determined and proclaimed:
(1) He or she may order that no person, except a duly authorized law enforcement officer, shall possess or have on his or her person or carry any firearms, ammunition, explosives, inflammable materials or liquids, or other dangerous weapons, including, but not limited to, chains, clubs or missiles, within the boundaries of the City.
(2) He or she may order that such force and control as may be necessary to prohibit unlawful vehicular traffic within the City may be then and there granted to the authorities named herein.
(3) He or she may order that no person shall be allowed on the public streets or thoroughfares in the City between the hours of 6:00 p.m. and 5:00 a.m. However, this regulation shall not apply to persons going to and from their normal occupations, persons answering emergency calls and persons to whom permission has been specifically granted, by County authorities, for public utility repair. The Mayor may also fix a different period of curfew hours.
He or she may order that all places of amusement and all places dispensing or selling alcoholic beverages within the City be closed until further notice. However, this does not include drug stores, supermarkets or hotel dining rooms. Such establishments may not, however, dispense or sell alcoholic beverages.
He or she may order that all meetings or assemblies of more than five persons be prohibited unless permission has first been granted, exclusive of meetings of governmental or legislative bodies.
He or she may order that no ammunition, flammable fuel or gasoline be sold in the City or the Mayor may, at his or her discretion, and if conditions warrant, relax such restriction to permit gasoline service stations within the City to open daily between the hours of 12:00 noon and 5:00 p.m., or any other period of time to be specified in such order, and the Mayor may order that such gasoline stations may sell up to five gallons of gasoline to individuals with private automobiles, delivered into the tanks of such automobiles.
(c) Cancellation of Emergency. An emergency, once declared by the Mayor, or in his or her absence, by the Mayor Pro-Tempore, shall be deemed in full force and effect until cancelled by direct proclamation of the Mayor, or by specific resolution of Council terminating such emergency.
(d) Violations of Orders, Restrictions or Prohibitions. At all times when the special orders, restrictions or prohibitions have been placed in effect after proclamation of the existence of a state of emergency within the City, no person, adult or minor, shall violate or fail to comply with the provisions of the proclamation or any emergency order, restriction, prohibition or affirmative command issued in connection with the emergency.
(Ord. 38. Passed 6-2-70.)