Chapter 2.09
MAYOR’S EMERGENCY POWERS
Sections:
2.09.010 Proclamation of civil emergency – Emergency defined.
2.09.011 Action which may be taken.
2.09.010 Proclamation of civil emergency – Emergency defined.
Whenever a civil emergency, or the imminent threat of such an emergency, occurs in the city and results in or threatens to result in the death or injury of persons, or the destruction of or damage to property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall proclaim in writing the existence of a civil emergency. In the absence of the mayor, such a civil emergency may be declared by the council president, and in the absence of the council president, by the longest uninterrupted serving member of the city council. For the purposes of this chapter a civil emergency shall mean:
(1) A riot, unlawful assembly, insurrection, mob action, looting, enemy attack, sabotage, or other hostile action; or
(2) A natural or human caused disaster, including contagious disease, fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause.
(Ord. No. 20-889, § 1, 7-7-20.)
2.09.011 Action which may be taken.
Upon the proclamation of a civil emergency by the mayor, and during the existence of such emergency, the mayor may make and proclaim any or all of the following orders:
(1) An order imposing a curfew upon all or any portion of the city requiring all persons in the designated curfew areas and times to remove themselves from the public streets, alleys, parks, beaches, schools, amusement areas, or other public places; provided, however, that health care personnel performing medical services, utility personnel maintaining essential public services, firefighters and city-authorized or requested law enforcement officers and personnel may be exempted from such a curfew; provided further, that the mayor may, in the mayor’s discretion, exempt other essential activities from such a curfew;
(2) An order closing one or more public streets, thoroughfares, or public places within the city to vehicular or pedestrian traffic;
(3) An order requiring any or all business establishments to close and remain closed until further order;
(4) An order requiring the discontinuance of the sale, distribution or giving away of alcohol in any or all parts of the city;
(5) An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle or a heating oil tank for a residence or business;
(6) An order prohibiting the carrying, possession, or distribution of any dangerous weapon upon any street, sidewalk, roadway, park, or public place within the city which could reasonably be used for rioting, looting, or insurrection, including, without limitation, bricks, clubs, rocks, blackjacks, brass knuckles, crow bars, knives with a blade exceeding three inches, Molotov cocktails, or the components for making incendiary devices; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties or limit the ability of any individual to legally carry firearms as provided under state law; provided further, that such order shall not limit the right of any person to legally possess a firearm in their home or business;
(7) An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons;
(8) An order requesting federal or state assistance in combating the civil emergency;
(9) An order providing for the evacuation and reception of the population of the city or any part of the city; and
(10) Such other orders as are reasonably necessary for the imminent protection of life and property.
Provided, however, that any such orders shall, at the next regularly scheduled meeting, be presented to the city council for ratification and confirmation, modification, or rejection, and if not so ratified and confirmed shall be void. If the council modifies or rejects an order, such modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of the order.
(Ord. No. 20-889, § 1, 7-7-20.)
2.09.012 Publication.
The mayor shall cause any proclamation issued in accordance with the authority of this chapter to be delivered to all news media within the city and shall utilize such other available means, including social media, the city’s website, emergency notification systems, and public address systems, as shall be necessary, in the mayor’s judgment, to give notice of such proclamations to the public.
(Ord. No. 20-889, § 1, 7-7-20.)
2.09.013 Violation – Penalty.
It is unlawful for anyone to fail or refuse to obey any such order proclaimed by the mayor, including any police officer or other city official attempting to enforce such an order. Anyone convicted of a violation of this chapter is convicted of a misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days or by both such fine and imprisonment.
(Ord. No. 20-889, § 1, 7-7-20.)