(a) Whenever the Mayor finds it necessary, in the exercise of the authority granted to him under the Constitution and laws of the State and the City Charter, to cordon off any area, which may be limited to a single building or parcel of land, when engaged in the suppression of a riot or when there is a clear and present danger of a riot or when engaged in the protection of lives and property from any natural disaster or manmade calamity, including flood, conflagration, tornado, windstorm, earthquake or explosion within the corporate limits resulting in death or injury to persons or destruction of property to such extent that extraordinary measures must be taken to protect lives and property, he shall issue a proclamation stating the facts requiring such action, describing the area to be cordoned off and the terms and conditions upon which persons may enter such area and setting forth any other restrictions upon the activities of persons within such area which he may deem necessary and which he is authorized to impose under the Constitution and laws of the State and the City Charter, including, but not limited to, the following:
(1) Prohibiting persons from being out of doors during certain hours, excepting officers of the City and employees of the City acting under their directions, firemen and law enforcement officers, physicians, nurses, ambulance operators and attendants performing medical services, utility personnel maintaining essential public services, and with such other exceptions and under such conditions as the Mayor may deem to be consistent with the public peace, health and safety;
(2) Prohibiting the sale, offering for sale, dispensing and transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, or incendiary devices and any necessary ingredient thereof.
(b) Copies of the proclamation provided for in subsection (a) hereof shall promptly be posted conspicuously within and surrounding such cordoned-off area in such manner as to give notice of its terms to persons entering, leaving or within such area, and shall as soon as possible be published once in at least one newspaper of general circulation in the City. Copies of such proclamation may also be delivered to representatives of newspapers, radio and television stations and other communications media to which residents of the City commonly resort for news of current events.
(c) The proclamation provided for in subsection (a) hereof shall remain in effect until modified or rescinded by subsequent proclamation or order of the Mayor or by order of a court of competent jurisdiction. Any person affected or aggrieved by the continued effectiveness of such proclamation cordoning off an area of the City may petition the Mayor for modification or rescission of such proclamation and may request a hearing on such petition by leaving a copy thereof at the office of the Mayor. Such petition shall contain the name of the petitioner and the address at which he can be served with notice. If more than one person presents the petition, one of their number shall be designated to receive notice in behalf of all of such petitioners. Not more than five days following receipt of such a petition the Mayor shall conduct a hearing thereon at which the petitioner and all other interested persons shall be entitled to be heard. Any number of petitions relating to the same area may be considered at the same hearing. Notice of the time and place of such hearing shall be given to the petitioner by delivering such notice to him personally, by leaving a copy thereof at the address contained in the petition, or by certified mail sent to such address not less than three days prior to the hearing. Copies of such notice shall also be posted in the five public places in the City designated by Council for the posting of ordinances, resolutions, statements, orders, proclamations, notices and reports required by law or ordinance to be published and may also be published in .one or more newspapers of general circulation in the City.
(d) Not less than two days after the conclusion of such hearing the Mayor shall issue an order modifying, rescinding or continuing in effect such proclamation. Any such order shall be a final order within the meaning of Ohio R.C. 2506.01 .
(e) No person, regardless of whether or not a proclamation as described in subsection (a) hereof, has been issued, except police officers and those assisting them, shall remain at the scene of any natural disaster, unlawful assembly, civil disturbance or riot after such person has been ordered to remove himself from such area by police or other lawful authority.
(f) The powers conferred by this section are in addition to any other powers which are now or may hereafter be conferred by law, and nothing in this section shall be construed to modify or limit such authority, powers, duties and responsibilities of any officer or public official as may be provided by law. Nothing in this section shall be construed as permitting suspension of the writ of habeas corpus.
(Ord. 69-42. Passed 6-4-69.)
(g) Whoever violates any provision or order or fails to perform any duty contained in or required by a proclamation issued and in effect pursuant to this section is guilty of a misdemeanor of the second degree.