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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. 682 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. 683 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. -