If, in the sound discretion of the Mayor, it shall appear that the emergency is, or that the threatened emergency is likely to be, of such proportions that the means available to the city to maintain law and order within the police jurisdiction of the city are insufficient for such purpose, the Mayor shall, promptly and by the most expeditious means of communication, inform the Governor of the situation and request that the necessary police or military forces of the state be provided promptly; and if, during an actual state of emergency the Mayor shall find that the civil courts within the police jurisdiction of the city are unable to perform their lawful duties and that, by reason of widespread lawlessness, writs and other process cannot be served or executed, the Mayor shall inform the Governor of his or her findings and may recommend to him or her that a state of martial law be proclaimed within the police jurisdiction of the city.
(Prior Code, § 7-6)
Charter reference:
Jurisdiction for one mile beyond city limits for police and criminal purposes, see Charter § 31
Statutory reference:
Extraterritorial powers and authority of city, see W. Va. Code 8-12-5(43) and 8-12-19