Sec. 38-34. Declaration of emergency.
(a) An emergency may be declared by the city manager in accordance with the following conditions:
(1) The city manager shall have the power to verbally declare that a state of emergency exists, when in his or her opinion an emergency has occurred or the threat of an emergency is imminent. The declaration of a state of emergency shall be disseminated promptly by means calculated to bring it to the attention of the general public. The written proclamation of emergency shall be signed by the city manager as soon as reasonably possible in light of the circumstances created by the emergency. The city manager shall be charged with the duty and responsibility of putting the emergency measures into effect.
(2) The emergency and proclamation shall remain in effect only so long as, in the opinion of the city manager, emergency powers are necessary to be invoked for the health, safety or welfare of the residents of or property in the City.
(3) The emergency shall be terminated by the city manager by a written proclamation stating that the emergency situation theretofore found to exist is no longer a condition that threatens the health, safety or welfare of residents of or property in the City.
(4) The emergency proclamation may activate in writing any relevant provisions of the disaster emergency plan, except that the disaster emergency powers shall not be invoked for an emergency.
(5) In addition to any other extraordinary powers the city manager may have to deal with the emergency, the city manager may exercise the following powers by the emergency proclamation:
a. Order the closing of all retail malt, vinous and spirituous liquor outlets and all fermented malt beverage outlets and order the closing of all private clubs wherein the consumption of intoxicating liquor or beer is permitted.
b. Order the discontinuance of selling, distributing or giving away of any gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
c. Order the closing of gasoline stations and other establishments whose principal business activity is the sale or distribution and dispensing of liquid flammable or combustible materials.
d. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever and order the closing of any or all establishments or portions thereof which engage in the sale, distribution, dispensing or giving away of firearms and ammunition.
e. Designate certain areas of the City as being restricted against entry therein by any unauthorized persons, except bona fide residents living or working within the restricted area.
f. Declare a public curfew during such hours as set forth in the proclamation prohibiting all persons, except those expressly authorized, from being upon the public streets or in any public or private place in the City.
g. Establish a communications headquarters for the dissemination of all public information, which shall be the official headquarters for any public report relating to the emergency.
h. Such other orders which in the sole discretion of the city manager are necessary to preserve public peace, health and safety.
(b) The powers enumerated in subsection (a) of this section shall be in addition to any other power or authority existing by virtue of the Charter or ordinances of the City. (Code 1979, § 12-18)