Chapter 11 · Public Offenses

Article 3. Mob Action

Sections 11-301 to 11-304 · 4 sections

11-301 Emergency; mob action.

Whenever the city manager or director of public safety or their designee determines that an emergency exists as a result of mob action or other civil disobedience causing danger of injury to or damages to persons or property, he or she shall have the power to impose by proclamation or any or all of the following regulations necessary to preserve the peace and order of the city.

(a)To impose a curfew 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 public places; provided, that physicians, nurses and ambulance operators 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 curfew.

(b)To order the closing of any business establishments anywhere within the city for the period of emergency, such business to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms.

(c)To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.

(d)To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city.

(Code 1975, 15-501; Code 1991, 10-301)

11-302 Proclamation of emergency.

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

(Code 1975, 15-502; Code 1991, 10-302)

11-303 Termination.

Any emergency proclaimed in accordance with the provisions of this article shall terminate after 48 hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided that such emergency may be extended for such additional periods of time as determined necessary by resolution of the governing body.

(Code 1975, 15-503; Code 1991, 10-303)

11-304 Penalty.

Any person who shall willfully fail or refuse to comply with the orders of 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 code violation, and upon conviction therefor, shall be punished by a fine of not more than $100.00 or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment.

(Code 1975, 15-504; Code 1991, 10-304)