Biggs Municipal Code Art. II Emergency Proclamations

Whenever in the judgment of the mayor, or in the event of his inability to act the vice mayor, or in the event of his inability to act the police commissioner, or in the event of his inability to act any councilman, or in the event of his inability to act the chief of police and thereafter any elected or appointed city official available to act determines that an emergency exists as a result of mob action, civil disobedience, war, invasion, rebellion, riot or natural disaster causing danger or injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:

(1) 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 other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen, and city authorized or requested law enforcement officers and personnel may be exempted from such curfew;

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

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

(4) 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.

(Ord. 170 § 1, 1970)

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

(Ord. 170 § 2, 1970)

Any emergency proclaimed in accordance with the provisions of this article shall terminate upon the issuing of proclamation deeming that an emergency no longer exists.

(Ord. 170 § 3, 1970)

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 or enforcing the proclamation of emergency authorized herein shall be deemed guilty of a misdemeanor.

(Ord. 170 § 4, 1970)

In addition to the powers created above, the most senior official as enumerated above who proclaims the emergency can issue all orders which he deems eminently necessary for the protection of life and property including but not limited to the preventing of unauthorized persons from entering the city during such time as the curfew is in effect.

(Ord. 170 § 6, 1970)

A proclamation made pursuant to this article shall constitute a calamity under Penal Code Section 409.5 and be authority for the chief of police to take the steps therein provided and authorized and pursuant to authority of this article and the chief's power shall be construed to extend to cover, in addition to the calamities enumerated in said section, riot, unlawful assembly and rebellion.

(Ord. 170 § 7, 1970)