Madera County Municipal Code Ch. 9.56 Riots

It is necessary and in the public interest that the county take all appropriate action to insure that orderly procedures exist to protect persons and property of the citizens of the county.

(Ord. 354 § 1, 1971).

Article XI, Section 11 of the Constitution grants to the county the power to determine local affairs and government.

(Ord. 354 § 2, 1971).

The board of supervisors deems it necessary for the protection of life and property and for the preservation of the public peace and safety to grant certain executive powers to the sheriff during a riot, general civil disobedience, or threat of the same.

(Ord. 354 § 3, 1971).

Whenever riots, general civil disobedience or the threat of same occur in the county, and it is deemed necessary in order to suppress the riot or act of civil disobedience, or whenever the sheriff, or in the event of his inability to act, the undersheriff determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of same, causing danger of injury to or damages to persons or property, he shall forthwith proclaim in writing the existence of a state of local emergency. He shall cause widespread publicity and notice to be given to such proclamation.

(Ord. 354 § 4, 1971).

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. The state of local emergency exists from the time the proclamation of emergency is issued until it is duly terminated.

(Ord. 354 § 5, 1971).

After the issuance of a proclamation of local emergency, the sheriff 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 board of supervisors. Specifically, he shall have the power to:

A. Curfew.

1. Order a general curfew applicable to such geographical areas of the county, to the county as a whole, as he deems necessary in the interest of the public safety and welfare.

2. "Curfew" means 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 county, excepting persons officially designated to duty with reference to said civil emergency and representatives of 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;

B. Business Closing. Order the closing of any business establishments anywhere within the county 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;

C. 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;

D. 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;

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

F. General Authority. Issue such other orders as are imminently necessary for the protection of life and property.

(Ord. 354 § 6, 1971).

Once a proclamation of emergency is issued and throughout the state of local emergency the sheriff is empowered to:

A. Request the governor for all necessary assistance;

B. Requisition necessary personnel or material of any county department or agency;

C. Control and direct all county personnel and equipment;

D. To require emergency services of any county 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.

(Ord. 354 § 7, 1971).

Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after forty-eight hours from the issuance thereof, or upon the issuance of a proclamation by the sheriff 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 sheriff.

(Ord. 354 § 8, 1971).

Any person violating the provisions of this chapter or executive order issued pursuant thereto is guilty of an offense against the county, and shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding one hundred eighty days, or by both such fine and imprisonment.

(Ord. 354 § 9, 1971).