Morro Bay Municipal Code Ch. 9.04 Emergency Regulations

Footnotes:

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For statutory provisions regarding emergency powers of the city, see Gov. Code § 53019 et seq.

It is deemed necessary and in the public interest that the city take all appropriate action to insure that orderly procedures exist to protect the life and property and the preservation of public peace and safety of the citizens of the city during a riot, general civil disobedience, or threat of same.

(Ord. 96 § 1 (part), 1971: prior code § 11901 (part))

The mayor or city administrator shall have the power to issue a proclamation of a state of emergency whenever he finds either of the following to exist within the city:

A. That rioting and widespread public disorder have erupted in the city resulting in personal injuries and in extensive property damages; or

B. That there is a serious threat of riot and general civil disobedience, and that although the city has made and continues to make substantial efforts to prevent such riot and disorder, the threat to the city is such that additional action is deemed warranted to protect the lives, safety, peace and property of the citizens of the city.

(Ord. 96 § 1 (part), 1971: prior code § 11901 (part))

Whenever a proclamation of a state of local emergency has been issued by the mayor or the city administrator, the mayor or the city administrator shall have the power to make, issue and enforce emergency rules and regulations related to the protection of life and property. Specifically, the mayor or the city administrator shall have the power to do any of the following within any portion or portions or all of the city:

A. Curfew. Order a general curfew applicable to such specified geographical areas of the city, to the city as a whole, as is deemed necessary in the interest of the public safety and welfare.

"Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any public alley, street or highway, any public property, or any vacant premises, excepting persons officially designated to duty with reference to 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 the chief of police of the city or his duly authorized agent;

B. Business Closing. Order the closing of any business establishments within the curfew area or within any other specified portion of 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;

C. Alcoholic Beverages. Order that no person within the curfew area or within any other specified portion of the city shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon;

D. Weapons. Order that no person within the curfew area or within the other specified portion of the city 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 person or property of another;

E. Traffic Control. Designate any public street, thoroughfare or vehicle parking areas within the curfew areas or within any other specified portion of the city 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. 96 § 1 (part), 1971: prior code § 11901 (part))

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 mayor or city administrator determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended by appropriate proclamation for such additional periods of time as determined necessary by the mayor and the city administrator.

(Ord. 96 § 1 (part), 1971: prior code § 11903)

In the event a proclamation of a state of local emergency has been issued as set forth in this chapter, the city administrator is empowered to obtain those vital supplies, equipment, vehicles, and any and all other types of property which in his judgment are lacking and needed for the protection of the life and property of the city and the people therein, and to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use.

(Ord. 96 § 1 (part), 1971: prior code § 11904)

In the event both the mayor and the city manager are absent from the city, or are otherwise unavailable, during a riot, general civil disobedience, or threat of the same, any and all of the powers granted by this chapter to the mayor may be exercised by the mayor pro tempore and in the event the mayor pro tempore is absent from the city or otherwise unavailable, by the designated acting city manager; and any and all powers granted by this chapter to the city manager may, in the event the city manager is absent or otherwise unavailable during such a riot, general civil disobedience, or threat of the same, be exercised by the designated acting city manager.

(Ord. 461 § 5, 1997: Ord. 96 § 1 (part), 1971: prior code § 11905)

The civil and criminal penalties and provisions set forth in Chapter 1.16 of this code shall apply to any and all violations of the provisions of this chapter, and to any and all violations of any emergency rules and regulations issued pursuant to this chapter.

(Ord. 96 § 1 (part), 1971: prior code § 11902)