Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.40 CIVIL EMERGENCIES
2.40.050 Mob action--Civil disobedience.
Rules and regulations relating to mob action or other civil disobedience
in the city shall be as follows:
A. During times of public crisis
resulting from disaster, rioting, catastrophe or other public emergency within
the city or reasonable apprehension of immediate danger thereof, the mayor of
the city, or in his or her absence the acting mayor thereof, may upon his or her
own volition proclaim a state of emergency; provided, that prior to the issuance
of such proclamation, the mayor, or the acting mayor in his or her absence,
shall find by investigation or otherwise that because of disaster, rioting,
catastrophe or other emergency condition, the public peace and safety is
imperiled, that human life and property is endangered by such emergency
conditions, and that the normal and ordinary processes of the state and local
government are inadequate to safeguard the public peace and safety and the lives
and property of the citizens of such city.
B. The proclamation of the
mayor or acting mayor in his or her absence, shall recite his or her findings
and shall declare a state of public emergency exists, and shall designate the
boundaries of the affected area. Following such proclamation or declaration, the
mayor or pro tem mayor in his or her absence may promulgate such reasonable
orders, rules and regulations as he or she deems necessary to protect life and
property, or to bring the emergency situation within the affected area under
control, including but not limited to rules and regulations providing for the
control of traffic, including public and private transportation within the
affected area or any section thereof; designation of specific zones within the
affected area within which occupancy and use of buildings and ingress and egress
of persons and vehicles may be prohibited or regulated; control of places of
amusement and assembly and of persons on public streets and thoroughfares,
establishment of a curfew; control of the sale, transportation and use of
alcoholic beverages, liquors and cereal malt beverages; control of the
possession, sale, carrying and use of firearms, other dangerous weapons and
ammunition; and control of the storage, use and transportation of explosives or
inflammable materials or liquids deemed to be dangerous to public
safety.
C. Such orders, rules and regulations shall be effective from
the time and in the manner prescribed in such orders, rules and regulations and
shall be made public as provided therein.
D. Such orders, rules and
regulations may be amended, modified or rescinded from time to time by the mayor
or acting mayor in his or her absence, during the pendency of the emergency, but
shall cease to be in effect upon declaration of the mayor, or acting mayor in
his or her absence, that the emergency no longer exists.
E. Upon
proclaiming such state of emergency, the mayor or acting mayor in his or her
absence, shall forthwith notify the governor of the state of his or her action
and the reasons therefor.
F. Any person who shall wilfully fail or
refuse to comply with the orders of the duly authorized law enforcement officers
or personnel charged with the responsibility of enforcing the proclamation or
declaration authorized hereunder shall be guilty of a violation of this code and
upon conviction thereof shall be punished by a fine of not more than two hundred
dollars ($200.00), or by imprisonment in the city jail for a period of not to
exceed six months, or by both such fine and imprisonment. (Prior code §
1-806)
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