Chapter 2.04
Civil Emergencies

Sections:

2.04.010 Proclamations by Mayor.

2.04.020 Alternates to Mayor.

2.04.030 Authorized Emergency Orders.

2.04.040 Ratification by Council.

2.04.050 Promulgation of Proclamations.

2.04.010 Proclamations by Mayor.

Whenever public disorder, disaster, riot, or a clear and present danger thereof, occur in the city and result in, or threaten to result in, the death or injury of persons, or the destruction of property to such extent as to require, in the judgment of the mayor or his alternate hereinafter designated, extraordinary measures to protect the public peace, safety and welfare, the mayor shall forthwith proclaim in writing the existence of a civil emergency, including in the proclamation a brief description of the facts constituting the emergency.

[Ord. C20500 § 1]

2.04.020 Alternates to Mayor.

In the absence or disability of the mayor, the powers herein granted to the mayor shall be exercised by the mayor pro tem or the acting mayor, and the duties set forth in this chapter devolve upon them in that order.

[Ord. C32755; Passed: 12/4/2000]

2.04.030 Authorized Emergency Orders.

Upon the proclamation of a civil emergency and during the existence of such civil emergency, the mayor or his alternate may make and proclaim any or all of the following orders:

A.  An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours as shall be deemed necessary, and from time to time during such civil emergency to modify the hours such curfew will be in effect, and the area or areas within the city to which it will apply;

B.  An order requiring any and all business establishments or other places of public assemblage to close and remain closed until further order;

C.  An order requiring the closure of any and all bars, taverns, liquor stores, or other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor or his alternate, be allowed to remain open;

D.  An order requiring the discontinuance of the sale, distribution, or giving away of alcoholic beverages in any or all parts of the city;

E.  An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other flammable liquids or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle and used as the source of fuel for such vehicle;

F.  An order requiring the discontinuance of the sale, distribution, or giving away of firearms and/or ammunition for firearms in any or all parts of the city;

G.  An order requiring the closure of any and all business establishments where firearms and/or ammunitions for firearms are sold or otherwise dispensed; provided, that with respect to the business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the mayor or his alternates, be allowed to remain open;

H.  An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, amusement areas and public buildings;

I.  An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

J.  Such other orders as are required and imminently necessary for the protection of life and property.

[Ord. C20500 § 2]

2.04.040 Ratification by Council.

As soon as practical following a proclamation of civil emergency, a meeting of the city council shall be called for the purpose of ratification of all orders issued pursuant to SMC 2.04.030. To the extent any orders are not ratified by vote of the council, such order shall cease to have effect.

[Ord. C20500 § 2]

2.04.050 Promulgation of Proclamations.

The mayor or his alternate shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within the city, and shall use such other available means, including public address systems, as shall be necessary in his judgment to give notice of such proclamations to the public, and shall notify the Governor, the State Director of Emergency Services and the director of the city/county department of emergency services established in SMC chapter 6.02.

[Res. dated 6/25/1979]