HomeMy WebLinkAbout2015-10-8310427
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ORDINANCE NO. 2015-10-8310
AN ORDINANCE AMENDING CHAPTER 30,
"CIVIL EMERGENCIES" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, this Ordinance- amends Chapter 30, "Civil Emergencies," of the
Code of Ordinances of the City of Paducah, Kentucky; and
WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by
Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts
that prohibit local governments from occupying any part of the field of regulation of the
manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or
transportation of firearms, ammunition, components of firearms, components of ammunition,
firearms accessories, or combination thereof.
NOW THEREFORE be it ordained by the City Commission of the City of
Paducah as follows:
SECTION 1. That Chapter 30, "Civil Emergencies," is hereby amended and
restated to read as follows:
CHAPTER 30 — CIVIL EMERGENCIES
Sec. 30-1. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Civil emergency.
(1) A riot or general civil disobedience characterized by five or more persons engaged in a
course of disorderly conduct with the intent to commit a felony or misdemeanor or with
the intent to prevent or coerce official action.
(2) Any natural disaster or man-made calamity, including flood, conflagration, cyclone,
tornado, earthquake or explosion, resulting in the death or injury of persons or the
destruction of property to such an extent that extraordinary measures must be taken to
protect the public health, safety and welfare.
(3) The threat or apparent inevitable occurrence of either subsection (1) or (2) of this
definition.
Curfew. 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 city, excepting persons officially designated with reference to the civil
emergency.
Sec. 30-2. Proclamation of civil emergency.
When in the judgment of the Mayor, or Commissioner acting in his behalf, a civil
emergency, as defined in section 30-1 of this chapter, is deemed to exist, he shall forthwith
proclaim, in writing, the existence of same.
Sec. 30-3. Measures authorized after proclamation.
(a) After proclamation of a civil emergency, the Mayor, or Commissioner acting for the
Mayor, is hereby authorized to take any of the following measures to suppress and
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control riots, general civil disobedience, disorder following a natural disaster, or the
threat of any of the above, whenever any of same shall occur in the city:
(1) To declare hours of curfew for all persons, and, during the hours of curfew, no
persons except police, firefighters, utility employees and any specifically
exempt persons, while performing a duty of emergency service, shall be on the
streets, alleys or other public areas of the city or in any way in violation of the
prohibition as set forth in the definition set forth in section 30-1 of this chapter.
(2) To declare all or any business establishments to be closed and remain closed
until further orders.
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(4)Q To issue other orders as are eminently necessary for the protection of life and
property.
(b) After the proclamation of a civil emergency, and during the existence of same, the Chief
of Police shall have the authority to temporarily close any and all streets, alleys and other
public ways in the city to the public, whenever in the opinion of the Chief of Police it is
necessary in order to maintain the peace and order.
Sec. 30-3. Notification of public.
When a civil emergency has been proclaimed and any orders or declarations have been
issued as set forth in section 30-2 above, sufficient quantities of the proclamation and all
declarations and orders shall be delivered to the Chief of Police, who shall distribute copies to all
news media and affected businesses within the city, and who shall also use public address
systems throughout the city and immediately notify the public of the proclamation and any
curfew or special declarations and orders, and warn the public that any violation of the curfew
shall be deemed a misdemeanor and violators will be arrested.
SECTION 2. SEVERABILITY. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City
Commission hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in
meetings open to the public, in fa11 compliance with applicable legal requirements.
SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof
in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby
repealed and the provisions of this Ordinance shall prevail and be given effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two
separate days and will become effective upon summary publication pursuant to KRS Chapter
424.
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ATTEST:
Tammara S. Sanderson, City Clerk
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Introduced by the Board of Commissioners, October 6, 2015
Adopted by the Board of Commissioners, October 13, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 13, 2015
Published by The Paducah Sun, October 17, 2015
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