Bakersfield Municipal Code Ch. 2.44 Emergency Powers of Mayor

Sections: 2.44.010 Proclamation. 2.44.020 Effective date of proclamation. 2.44.030 Rules and regulations—Confirmation by council. 2.44.040 Powers of mayor. 2.44.050 Termination of local emergency. 2.44.060 Violation—Penalty.

A. Whenever riots, general civil disobedience or the threat of same occur in the city, and it is deemed necessary in order to suppress the riot or act of civil disobedience, or whenever the mayor, or in the event of his inability to act, the vice-mayor, at the request of the city manager on advice of the chief of police, determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of same, causing danger or injury to or damages to persons or property, he shall forthwith proclaim in writing the existence of a state of local emergency.

B. He shall cause widespread publicity and notice to be given such proclamation. (Prior code § 1.90.010)

A. The proclamation of local emergency provided in this chapter shall become effective immediately upon its issuance and dissemination to the public by appropriate news media.

B. The state of local emergency exists from the time the proclamation of emergency is issued until it is duly terminated. (Prior code § 1.90.020)

A. After the issuance of a proclamation of local emergency the mayor shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.

B. Specifically, he shall have the power to:

1. Curfew. Order a general curfew applicable to such geographical areas of the city, to the city as a whole, as
he deems necessary in the interest of the public safety and welfare. “Curfew” is defined as 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, excepting persons
officially designated to duty with reference to said civil emergency and representatives of the news media,
physicians, nurses and ambulance operators performing medical services, utility personnel maintaining
essential public services, firemen and law enforcement officers and personnel, and those specifically
authorized by duly designated authority.

2. Business Closing. Order the closing of any business establishments anywhere within the city for the
period of the emergency, such businesses to include, but not be limited to, those selling intoxicating liquors,
cereal malt beverages, gasoline or firearms.

3. Alcoholic Beverages. Order that no persons shall consume any alcoholic beverages in a public street or
place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly
designated restricted area.

4. Weapons. Order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock, bottle, club,
brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another.

5. Traffic Control. Designate any public street, thoroughfare or vehicle parking areas closed to motor
vehicles and pedestrian traffic.

6. General Authority. Issue such other orders as are imminently necessary for the protection of life and
property. (Prior code § 1.90.030)

Once a proclamation of emergency is issued and through the state of local emergency the mayor is empowered to:

A. Request the governor for all necessary assistance;

B. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

C. To require emergency services of any city officer or employee and to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered civil defense and disaster worker volunteers. (Prior code § 1.90.040)

Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after the next council meeting from the issuance thereof or upon the issuance of a proclamation by the city council determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by the city council. (Prior code § 1.90.050)

Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. (Ord. 2587 § 1, 1980; prior code § 1.90.060)