McFarland Municipal Code Ch. 2.36 Civil Emergencies

Whenever riots, general civil disobedience or the threat of the 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 the person designated to act in his behalf as set out in Section 2.36.050, determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of the 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, and such proclamation or order shall be given widespread publicity and a copy thereof shall posted in at least three public places in the city immediately after the issuance thereof.

(Ord. 210 §10(part), 1987: Ord. 116 §1, 1970)

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.

(Ord. 116 §2, 1970)

After the issuance of a proclamation of local emergency the mayor or his alternate 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. Specifically, he shall have the power to:

A. Curfew.

1. 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.

2. "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 city, excepting persons officially designated to duty with reference to the civil emergency and representatives of news media, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services 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 city for the period of the emergency, such business to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline and 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 restricted area.

D. Weapons. Order that no person shall carry or possess any gun, firebomb, knife, rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the person 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. 116 §3, 1970)

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

A. Request the governor for all necessary assistance;

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

C. Control and direct all city personnel and equipment;

D. 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;

E. 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 volunteers.

(Ord. 116 §4, 1970)

In the event the mayor is absent form the city or otherwise unable to act, the authority hereinafter designated shall devolve as follows:

A. Mayor pro tem;

B. City manager;

C. Anyone authorized to act on his behalf.

(Ord. 116 §5, 1970)

(Ord. No. 002-2010, § 1, 2-11-10)

Whenever a local emergency is proclaimed by an official designated by this chapter, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the city council. The city council shall review, at least every fourteen days until such local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.

(Ord. 210 §10(part), 1987: Ord. 116 §6, 1970)

Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of an offense against the city, 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. 116 §7, 1987)