Rialto Municipal Code Ch. 9.30 City Administrator—emergency Powers

A. California Government Code Section 8634 empowers the city council, or officials designated by it, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and

B. The city council does find that conditions may arise that threaten the public order and safety, such conditions being described as follows:

Unruly crowds of people committing acts of arson, looting, vandalism, violence and disturbing the public peace, in defiance of existing laws and authority; and

C. A local emergency, as that term is defined in Section 8634 of the California Government Code may be threatened within the city of Rialto, county of San Bernardino, state of California; and

D. The city administrator, acting as the director of emergency services, is empowered to declare the existence or threatened existence of a local emergency pursuant to Section 2.28.060 of this code.

(Ord. 1188 (part), 1993)

The city administrator is designated and authorized to declare the existence or threatened existence of a local emergency based on the aforementioned conditions and, in the event of such a declaration, to promulgate orders and regulations necessary for the protection of life and property, including without limitation, the following orders and regulations:

A. That no person shall be upon any public road, highway, street, avenue, boulevard, place, alley, park or other public place or unimproved private property anywhere within the boundaries of the city of Rialto between sunset and sunrise of the following day;

B. That no person shall sell or dispense any gasoline or other flammable liquids except for normal filling of motor vehicle gasoline tanks within the boundaries of the incorporated areas of the city. Gasoline or other flammable liquids shall only be dispensed directly into gasoline tanks of motor vehicles, except for licensed tow truck and emergency road service operators;

C. That no person shall sell or transfer possession of any firearms or ammunition of any type within the boundaries of the city;

D. That notwithstanding the foregoing, such restrictions shall not apply to peace officers, fire fighters, emergency operations organization personnel, and national guard or other military personnel, or to activities that are necessary and essential for health or emergency related purposes;

E. That any violation of such regulations shall be a misdemeanor, punishable in accordance with all applicable laws, including without limitation, Chapter 1.16 of the Rialto Municipal Code;

F. That this order of curfew and other emergency orders shall remain in effect until this chapter is repealed by the city administrator.

(Ord. 1188 § 1, 1993)

Written notice of any such order of curfew and other emergency orders shall be given widespread publicity and notice, through the issuance of a press release by the city administrator and such other means as the city administrator deems appropriate and possible under all of the existing circumstances.

(Ord. 1188 § 2, 1993)