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HomeMy WebLinkAbout2015-10-8310427 191895 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 428 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. To r-eqwife MAN bu-siness displaying or- selling any fireanns, e3c-plasives of Wllllll U.Lll l.1V11 LV remove o (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. 2 ATTEST: Tammara S. Sanderson, City Clerk 429 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 \ord\30-3-civil emergencies -weapons -firearms 3