HomeMy WebLinkAboutOrdinances Book 16, Page 681, Ordinance Number 68-7-95681 /
ORDINANCE NO. 68-7-95
AN ORDINANCE PROVIDING FOR MEASURES TO CONTROL AND SUPPRESS
RIOTS AND GENERAL CIVIL DISOBEDIENCE; AUTHORIZING THE MAYOR TO PROCLAIM
A CIVIL EMERGENCY AND TO REGULATE THE CONDUCT OF PERSONS AND BUSINESSES
DURING SUCH TIMES; AND, PROVIDING PENALTIES FOR VIOLATION OF SUCH
PROCLAMATION AND EMERGENCY ORDERS AND REGULATIONS
WHEREAS, the Commonwealth of Kentucky, under the provisions of
the Kentucky Revised Statutes, has imposed certain responsibilities
upon cities for injuries and damages to persons and property caused
by mob action; and
WHEREAS, said Statutes empower this Board to declare, prevent
and abate nuisances, restrain and prevent riots, disturbances,
disorderly assemblies and to restrain and prevent all noises, performances
and practices tending to the collection of persons on the streets and
sidewalks; and
WHEREAS, the Mayor may possess emergency powers to handle and
suppress disturbancies during a civil emergency as may be authorized
by the Board of Commissioners; and
WHEREAS, the Board of Commissioners of the City of Paducah,
Kentucky, deems it necessary for the protection of life and property
and for the preservation of public peace and safety to grant certain
executive powers and emergency powers to the Mayor during the existence
of a civil emergency,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY:
SECTION 1. Definitions.
(a) A civil emergency is hereby defined to be:
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.
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.
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3.' The threat or apparent inevitable occurrence of either
1 or 2 above.
(b) A curfew is hereby 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 corporate limits of the City
of Paducah, Kentucky, excepting persons officially designated
with reference to said civil emergency.
SECTION 2. When in the judgment of the Mayor, or Commissioner
acting in his behalf, a civil emergency, as defined herein, is deemed
to exist, he shall forthwith proclaim, in writing, the existence of same.
SECTION 3. 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 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 of Paducah,
Kentucky.
(a) To declare hours of curfew for all persons, and during said
hours of curfew, no person except police, firemen, 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 of Paducah, Kentucky, or in any way in violation of the prohibition
as set forth in the definition set forth above.
(b) To declare all or any business establishments to be closed
and remain closed until further orders.
(c) To require all business displaying or selling any firearms,
explosives or amunition to remove and securely lock up all such items
until further orders.
(d) To issue such other orders as are eminently necessary for the
protection of life and property.
SECTION 4. 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 of Paducah, Kentucky to the public, whenever in
the opinion of the Chief of Police it is necessary in order to maintain
the peace and order.
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SECTION 5. When a civil emergency has been proclaimed and any
orders or declarations have been issued as set forth in Section 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 said 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 6. Any person violating the provisions of any executive
order issued pursuant to this ordinance, and everyone remaining present
at the place of any riot or general civil disobedience or natural disaster
after being ordered to disperse by the police or any other lawful authority,
or any person violating any order by the Chief of Police temporarily
closing any street, alley or public way, shall be guilty of a misdemeanor
and an offense against the City of Paducah, Kentucky, and the violation
shall be punishable by a fine of not exceeding $500.00 or imprisonment
of not exceeding twelve (12) months, or both, but in no case shall the
penalty be less than any minimum sentence provided by state law for a
same offense, said penalties to be at the discretion of the Court.
SECTION 7. If any part, article, section or subdivision of this
ordinance shall be held to be unconstitutional or invalid for any reason,
such holding shall not be construed to invalidate or impair the remainder
of this ordinance, which shall continue in full force and effect
notwithstanding such holding.
SECTION 8. This ordinance is declared to be an emergency measure
and shall be in full force and effect from and after its publication.
Mayor
Passed by the Board of Commissioners July 30, 1968
Recorded by Sarah Thurman, City Clerk, July 30, 1968
Published August 5, 1968. -