(a) Powers Granted. The City Manager is granted the authority and power to invoke, by administrative directive, a state of emergency in the City in any of the following situations:
(1) A state of emergency has been declared by the Governor of this State;
(2) A state of emergency has been declared by the Board of County Commissioners of Greene County, Ohio; or
(3) The City Manager, in his or her own discretion, determines that an emergency exists because of any natural disaster or man-made calamity, or clear and present danger thereof, or riot, insurrection, mob action or other civil disturbance causing, or having the probable danger of causing, injury or damage to persons or property.
(4) In the event the City Manager is absent, a state of emergency may be proclaimed, in accordance with this section, by the Acting or Interim City Manager, or by a majority vote of the City Council.
(b) Regulations During Emergency. The City Manager is granted the authority and power to impose, by administrative directive, any or all of the following regulations necessary to restore the peace and order of the City:
(1) Order all nonessential services to close including, but not limited to, all business establishments, commercial establishments, industrial centers, factories, entertainment centers, recreational facilities, schools and churches. The City Manager may allow retail food establishments to remain open on a limited basis, as well as drug stores and medical facilities or other essential services as deemed necessary in his or her own discretion;
(2) Establish a curfew, during hours of the day or the night, which prohibits or limits the number of persons from being out-of-doors, or in certain areas, or upon public highways during the curfew;
(3) Restrict or prohibit movement within, above or beneath the area or areas that are imperiled by the public danger or emergency or within the City as a whole;
(4) Suspend or modify for the duration of the emergency or any part thereof, the due dates or collection of rents due for water, sewer or any other municipal utility, or the required filing dates for any City permit, license or tax filing;
(5) Suspend or modify for the duration of the emergency or any part thereof any personnel policy or regulation, whether set by Council or by administrative directive;
(6) Call upon all necessary personnel, equipment and supplies from any department of the City to aid in emergency operations;
(7) Call upon any auxiliary law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace and order within the City; and/or
(8) Any other powers or authority conferred by federal law, state statute, City ordinance, resolution or as otherwise authorized by Council. Nothing in this section shall be construed to modify or limit such authority, powers or duties and responsibilities of any officer or public official as may be provided by law.
(c) Notice of Emergency.
(1) When the City Manager declares an emergency exists, as set forth in division (a) hereof, he or she shall immediately proclaim in writing the existence of the emergency and the time of its inception and shall issue an administrative directive thereof to the public through the news media and other such means of dissemination as are available and, when practical, shall notify all businesses and establishments affected.
(2) When a state of emergency is proclaimed, the City Manager, or his or her appointee who proclaimed it, shall immediately notify all the members of Council who can be reached of the administrative directive, the reasoning behind it and the status of the emergency. Throughout the duration of the emergency, the City Manager shall keep the members of Council informed as to the status of the emergency and efforts to mitigate the situation.
(d) Termination of Emergency. Any emergency proclaimed in accordance with the provisions of this section shall terminate on the issuance of an administrative directive determining an emergency no longer exists or upon a determination by Council, by a majority vote of the members present, that the emergency no longer exists.
(e) Prohibitions. No person shall fail to obey the lawful order of any police officer, firefighter, member of the National Guard or other authorized person acting under the orders or authority of an administrative directive issued pursuant to this section.
(f) Penalties. Whoever violates any prohibition contained in, or knowingly fails to perform any duty required by, administrative directive, order or regulation issued and in effect pursuant to this section shall be guilty of a misdemeanor of the first degree, and each day the violation continues shall constitute a separate offense.
(Ord. 2020-06. Adopted 03/12/20; Ord. 2022-40. Adopted 10/27/22)