Chapter 9.08
CIVIL EMERGENCY
Sections:
9.08.010 Definitions.
9.08.020 Proclamation – Procedure.
9.08.030 Orders.
9.08.040 Proclamation – Termination, modification.
9.08.050 Incendiary object prohibited.
9.08.060 Noncompliance prohibited.
9.08.070 Interference with officials prohibited.
9.08.080 Rioting prohibited.
9.08.090 Unlawful assembly defined, prohibited.
9.08.100 Looting prohibited.
9.08.110 Air raid warnings.
9.08.010 Definitions.
As used herein the following words and terms shall have the meanings herein stated:
(1) A “civil emergency” means:
(a) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by the apparent power to execute such force or violence by three or more persons acting together which would endanger or tend to endanger the safety of property or persons; and
(b) Any natural disaster or manmade calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that, in the exercise of ordinary reason, extraordinary measures should be taken to protect the public health, safety and welfare.
(2) “Curfew” means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city, except those persons officially assigned duty with reference to such civil emergency.
(3) “Incendiary object” means a container of any type containing any inflammable substance having a wick or other ignition device attached, or any other type of bomb or contrivance susceptible to spontaneous ignition. (Ord. 291 § 1, 1968).
9.08.020 Proclamation – Procedure.
Whenever the mayor, or in the event of his inability to act, the mayor pro tem, or a majority of the city council, or in the event of their inability to act, any other member of the council, or public official acting for and instead of the mayor, determines that an emergency exists arising out of a civil emergency, causing or tending to cause danger of injury to persons or damage to property, he shall forthwith proclaim in writing the existence of such state of emergency, file a copy thereof in the office of the clerk-treasurer, immediately advise all available news media within the vicinity of the city of the signing of the proclamation and the contents thereof, and post copies of the proclamation at such public places as designated by such authority. (Ord. 291 § 2, 1968).
9.08.030 Orders.
After proclamation of a civil emergency, the mayor, or such person issuing such proclamation, may in the interest of public safety and welfare, make any or all of the following orders:
(1) The closing of all cocktail lounges, taverns, bars, and other places where intoxicating liquor is sold or dispensed by the drink, including all private clubs;
(2) The discontinuance of the sale of all beer, wine and hard liquor;
(3) The discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products, or in his discretion, prevent all sales thereof except sales where the flammable or combustible product is transferred directly to a gasoline tank properly affixed to a motor vehicle, or in the case of heating oil or liquefied gas into commercial or household tanks;
(4) The closing of all gasoline stations and other establishments, the chief activity of which is the sale, distribution, or dispensing of liquid flammable or combustible products, except the distribution of heating oil and liquefied gas as herein provided in subsection (3);
(5) The discontinuance of selling, distributing, dispensing, or giving away of any firearms or ammunition of any character whatsoever;
(6) The closing of all establishments, portions or departments thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms and/or ammunition;
(7) Prohibit any person or persons from carrying or possessing upon any street, alley, highway, or public place or vacant premises within the city any firearms, knives, clubs, rocks, bricks, or other weapons, objects or contrivances susceptible for use in causing injury to persons or damage to property;
(8) Impose a curfew upon all persons in the city, or upon persons of certain ages within the city, or order a curfew upon such geographical areas of the city or to the city as a whole as the ordering authority may deem advisable, to be applicable during such hours of the day or night as deemed necessary in the interest of public safety and welfare, during the hours of which no person shall be allowed in the public streets, thoroughfares or places open to the public throughout the city or any designated sections of the city, except persons officially assigned to duty with reference to such civil emergency;
(9) Designate any one or more of the public streets, thoroughfares, or places within the city closed to vehicular traffic and/or pedestrian traffic. (Ord. 291 § 3, 1968).
9.08.040 Proclamation – Termination, modification.
After the issuance of a written proclamation of a state of emergency as provided for in SMC 9.08.020, the mayor or in the event of his inability to act, the governing mayor pro tem, or any three members of the council, or in the absence thereof, the governing authority of the city, may terminate, modify or amend at any time such proclamation by written declaration thereof, and notice given in the same manner as set forth in SMC 9.08.020. (Ord. 291 § 4, 1968).
9.08.050 Incendiary object prohibited.
It is unlawful for any person to make, carry, possess, or use any type of gasoline or petroleum base fire bomb, or any other type of explosive or incendiary missile or object. (Ord. 291 § 5, 1968).
9.08.060 Noncompliance prohibited.
It is unlawful for any person to violate or refuse to comply with any lawful order or regulation promulgated by the governing authority of the city pursuant to SMC 9.08.030. (Ord. 291 § 6, 1968).
9.08.070 Interference with officials prohibited.
It is unlawful for any person to interfere with any police or fire official or other public officer or employee when engaged in the performance of his official duty or to permit or assemble for the purpose of committing any act which would interfere with such officials and persons in the performance of their duty. (Ord. 291 § 7, 1968).
9.08.080 Rioting prohibited.
It is unlawful for any person to participate in or engage in any riot. (Ord. 291 § 8, 1968).
9.08.090 Unlawful assembly defined, prohibited.
It is unlawful for any person to engage or participate in any unlawful assembly after the police by announcement has warned and ordered such assembly to disperse and disband. “Unlawful assembly” means any threat, actual or implied, to use force or violence when accompanied by immediate power to execute such force or violence by three or more persons acting together without authority of law, and where the threat to use force or violence would endanger or tend to endanger the safety of property or persons. (Ord. 291 § 9, 1968).
9.08.100 Looting prohibited.
It is unlawful for any person to engage in the activity of looting, stealing, or carrying away personal property without the owner’s consent from any and all premises within the city during the time that a civil emergency exists; provided, that this section shall be deemed cumulative and be in addition to all other laws and ordinances of the city relating to the taking of personal property. (Ord. 291 § 10, 1968).
9.08.110 Air raid warnings.
In the event the duly authorized federal, military or civil authorities or city authorities shall deem it necessary for the public safety to give an air raid warning within the city, such warning shall be given in the following manner and the following rules and regulations shall be observed:
(1) Air raid and blackout warnings will be signaled by intermittent blasts of the fire department’s siren continuing for two minutes. The all-clear signal will be a continuous two-minute blast of the siren;
(2) During such warning no person, firm or corporation shall permit any lights of any kind under their control to be displayed outside any building, or within any building, except where the lights can be displayed within the building in such a manner so that they cannot be seen from outside of the building;
(3) No motor vehicle or other vehicle shall be driven on any street within the city during such period, except official army and emergency vehicles, unless the vehicle shall be equipped with blackout lights, both front and rear. A “blackout light” means a light not more than one inch in diameter where it is projected from the lens, the lens to be covered or painted so that only a blue light is shown;
(4) During the period of any air raid alarm no person shall be on the street or operate any motor vehicle through the streets of the city except where necessary to carry out emergency business, and during darkness any vehicles operated, except official vehicles, shall proceed at no greater speed than 10 miles per hour;
(5) During the period of any air raid any person shall obey any orders given by any police or military officer. Persons shall not congregate in crowds upon the streets or sidewalks. (Ord. 159 § 1, 1942).