Article II. Emergency Powers of the Mayor

1.08.120 Definition of emergency.

A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, civil disturbance, catastrophe or for any other reason, municipal police department authorities are unable to maintain public water or accord adequate protection for lives, safety, health, welfare, or property.

(Prior code § 1-2-21)

1.08.130 Power to impose regulations by proclamation.

Whenever in the judgment of the mayor, or the mayor pro tempore in the event of the mayor's inability to act, it is determined that an emergency exists as a result of mob action or other civil disobedience causing danger or injury to or damage to persons or property, he shall have power to impose by proclamation any or all of the regulations contained within this article necessary to preserve peace and order.

(Prior code § 1-2-22)

1.08.140 Power to impose curfews—Persons exempted.

The mayor may order a curfew imposed upon all or any portion of the city, thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks, or other public places; provided, however, that physicians, nurses, and ambulance operators performing medical services, utility personnel maintaining essential public services and police officers and personnel may exempted from certain curfew.

(Prior code § 1-2-23)

1.08.150 Power to close business establishments.

The mayor may order the closing of any business establishment in the city during the period of an emergency.

(Prior code § 1-2-24)

1.08.160 Power to close areas to traffic.

The mayor may designate any public street, thoroughfare, or vehicle parking area closed to motor vehicles and pedestrian traffic in an emergency.

(Prior code § 1-2-25)

1.08.170 Power to call in law enforcement.

The mayor may call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping peace within the municipality.

(Prior code § 1-2-26)

1.08.180 When proclamation of emergency effective.

The proclamation of an emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.

(Prior code § 1-2-27)

1.08.190 When proclamation of emergency shall terminate.

An emergency proclamation, in accordance with the provisions of this article, shall terminate after forty-eight hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such an emergency may be extended for such additional periods of time as determined necessary by resolution of the city council.

(Prior code § 1-2-28)

1.08.200 Penalty for violation of proclamation.

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 of emergency authorized herein shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be punished in accordance with the general penalty, Section 1.12.510.

(Prior code § 1-2-29)

1.08.210 Transfer of law enforcement officers to another municipality.

The mayor or council may, upon the request of the governing body or mayor of any other municipality of the state, send any law enforcement officer or officers to assist the law enforcement officers of such requesting municipality in the performance of their duties in cases of emergency. A complete record of the request together with the names of the officers sent shall be recorded in the minutes of the next regular meeting of the council. Such assistance shall be rendered only in emergencies, and such emergency shall be declared by the mayor of the requesting city or, in his absence, the person normally acting in his stead.

(Prior code § 1-2-30)

1.08.220 Rights, powers, duties of such officers.

Law enforcement officers sent to another municipality pursuant to this article shall retain the jurisdiction, authority, rights, privileges and immunities, including coverage under the Worker's Compensation laws, which they now have, and these shall be extended to and include the area in which like benefits and authorities are or could be afforded, and the area between the two municipalities when acting within the scope of authority to make arrests and to execute criminal process as is vested by law in the law enforcement officers of the requesting municipality and of no other.

(Prior code § 1-2-31)

1.08.230 Model of proclamation.

The proclamation shall be issued in substantially the following form:

 "I, ____________, Mayor of the City of Travelers Rest, by virtue of the power vested in me by the provisions of Sections 1.08.120 through 1.08.220 of the Code of Ordinances of the City of Travelers Rest, do hereby declare and determine that due to mob action and civil disobedience, a state of emergency exists within the City of Travelers Rest:

 "And I do hereby order and direct the following emergency regulations to be effective immediately, to wit:

 "1. A curfew is hereby ordered from ____________ o'clock until ____________ o'clock of the following day (for the area located ____________) or (for the entire city)—and all persons other than police officers and personnel, physicians, nurses, ambulance operators performing medical services, and utility personnel maintaining essential public services, shall remain off the streets and away from public places during the period of said curfew.

 "2. The following businesses are hereby ordered closed:

 "3. All regular and auxiliary police officers are hereby ordered to report for duty immediately.

 "THIS PROCLAMATION SHALL BE effective immediately and shall extend for a period of 48 hours.

"DATE AND TIME:____________


(Prior code § 1-2-32)