§ 50-155. Same—Issuance of proclamation of emergency; powers of mayor under proclamation of emergency.

Whenever, in the judgment of the mayor, a state of major emergency or disaster as the terms are defined by section 2-85, Code of Ordinances, is imminent or exists, or an emergency exists as a result of mob action, riots, general civil disobedience or disorder, the mayor shall, in addition to all other powers granted by the laws of this state and the Charter and ordinances of the city, be empowered to issue a proclamation declaring a state of emergency to exist, and may thereby exercise the powers granted in the following subsections as necessary to protect people and property:

(1)

To temporarily waive routine administrative and budgetary requirements that may impede the effective delivery of essential public services.

(2)

To order the evacuation of areas where there is a threat to public health and safety, and to designate any public place, public street, thoroughfare, boulevard or parking area and any other place closed to motor vehicles, persons and pedestrian traffic;

(3)

To impose a curfew upon all or any portion of the city as designated therein as the mayor may deem advisable during such hours of the day or night as the mayor determines necessary in the interest of the public safety and welfare, and during which all persons shall remove themselves to their places of residence and remain off and away from the public streets, sidewalks, parkways, parks and all other public or open places, and no persons shall assemble, gather, loiter or otherwise congregate in any manner in groups, assemblies or meetings in any place for any purpose whatsoever; provided, however, that persons performing medical services, essential public utility services, public officials, police officers, firefighters, and all other persons explicitly enumerated in such proclamation may be exempted from curfew;

(4)

To order the closing of any and all business establishments throughout the city or any portion thereof during the period for which the state of emergency exists or during the curfew hours;

(5)

To order the closing of all retail and wholesale liquor stores, taverns and other places dispensing, serving or permitting the consumption of intoxicating liquor or nonintoxicating beer;

(6)

To order the discontinuance of the sale, distribution or giving away of intoxicating or nonintoxicating liquors;

(7)

To order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or nonintoxicating beer is permitted;

(8)

To order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

(9)

To order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of gasoline or other liquid flammable or combustible products;

(10)

To order all regular, special and auxiliary police officers, firefighters and other conservators of the peace to report for duty assignment, such reporting to be in accordance with prearranged plans or under the direction of lawful authority.

(11)

To issue orders deemed necessary to protect life and property and to preserve critical resources within the purposes of this ordinance.

(c)

Any such proclamation of a state of emergency shall become immediately effective upon its execution and issuance by the mayor and the original thereof shall be filed and remain in the office of the city clerk.

(d)

The proclamation issued in accordance with the provisions of this section shall remain in effect continuously from the date and time of the issuance thereof for such period of time as specifically prescribed therein or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first.

(e)

It shall be unlawful for any person to fail, neglect or refuse to comply with the order made or prohibitions instituted by a proclamation issued under the provisions of this section, or for any person to otherwise violate or in any manner aid, assist, encourage, or support the commission or perpetration of a violation of such proclamation, and upon conviction thereof any such person shall be punished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the municipal penal correctional institution for a period of time not less than one day and not more than six months. For the purpose of the prosecution of any person for the violation of this section, a copy of the proclamation of the mayor or a person authorized in subsection (a) certified by the city clerk to be a true and correct copy thereof shall be deemed to constitute prima facie evidence that such proclamation was duly issued by the mayor on the date and at the time set forth therein pursuant to the authority contained in this section.

(Code of Gen. Ords. 1967, § 26.41.1; Ord. No. 35215, 4-11-68; Ord. No. 080110, § 1, 3-27-08)

Cross reference

Administration, ch. 2.