Loading...
HomeMy WebLinkAbout06 - CIVIL DISASTERS & EMERGENCIES - . a Chapter 6 CIVIL DISASTERS AND EMERGENCIES* Sees_ 6-1-6.20. Reserved. .Article. J. In General Sec. 6.21. Sec. 6-22. Sec. 6.23. Sec. 6.24. See. 6.25. Sec. 6-26. See. 6.27. Article II. Civil Emergencies Purpose of article. Violations. Mayor's powers-Generally. Same-Declaration of emergency. Same-Enumerated. Proclamation of emergency- 'When effective. Same-Termination. "'Cross reference-Interference of public officers.at scene-of disaster. ~ 16-155. State law references-Home rule powers, Co!. Const. Art. XX. !i 6; Colorado Disaster Emergency Act of 1973, C.R.S. !i 24.33.5-701 et seq. Supp. No.9 403 e e e . e . e . CML DISASTERS AND EMERGENCIES ~ 6-25 ARTICLE I. IN GENERAL Sees. 6-1--6-20. Reserved. ARTICLE ll. CIVU. EMERGENCIES* Sec. 6-21. Purpose of article. The city will from time to time in the future, in all probability, have within its corporate limits fires, floods, civil disturbances and riots; and, therefore, it is deemed in the best interest of the city to exercise certain emergency police powers necessary to and incidental to the maintenance of the safety, health and welfare of the citizens of the city. (Code 1977, !i 7-1) Sec. 6-22. Violations. Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than one thousand dollars ($1,000.00). (Code 1977, !i7-7; Ord. No. 1998-1120, !i3, 6-8-98) Sec. 6-23. Mayor's powers-GenerallY. Emergency police powers shall be placed in the hands of the mayor of the city and that these powers should be exercised only in the event of an emergency as herein contemplated and shall only be exercised for such period oftime as the actual emergency exists and further that such powers shall only be invoked after declaration and proc- lamation of an emergency. (Code 1977, !i 7-2) "'State law reference-LoCai disaster emergencies, C.RB. ~ 24-33.5-709. Supp. No. 21 Sec. 6-24. Same-Declaration of emergency. In addition to any and all powers enumerated in the ordinances of the city, the mayor shall have further emergency powers necessary to preserve the peace and order ofthe city as follows: (1) The mayor shall have the power to de- clare an emergency to exist when, in his opinion, one (1) or more of the following conditions exists: a_ That there is extreme likelihood of danger of destruction oflife or prop- erty due to unusual conditions. b. Unusual or extreme weather condi- tions, making use of city streets or areas difficult or impossible. c. Civil unrest, commotion or uprising is imminent or exists_ d. There is a stoppage or loss of electri- cal power affecting a major portion of the city. (2) The emergency shall be declared in a proclamation of the mayor, which procla- mation shall be delivered to the chief of police, who shall then see that such proc- lamation is delivered to all news media within the city who shall immediately notify the public or such proclamation and that violators will be arrested and subject to penalty. (Code 1977, !i 7-3) Sec. 6-25. Same-Enumerated. After declaration of an emergency under the provisions of this article, the mayor shall have the authority to exercise any or all of the following powers: (1) Call upon enforcement agencies. To call upon regular and auxiliary enforcement agencies and organizations within or with- out the city to assist in preserving and keeping the peace and the preservation of life and property of the citizenry of the city. (2) Close streets and sidewalks. The power to close streets and sidewalks and to delin- eate areas within the city wherein an emergency exists. 405 ~ 6-25 WHEAT RIDGE CITY CODE (3) Curfew. To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, that ambulance operators performing medical services, util- ity personnel maintaining essential pub- lic services, firemen and city authorized or requested enforcement officers and per- sonnel may be exempted from such cur- few. (4) Business closing. To order the closing of any business establishments anywhere within the city for the period of the emer- gency, such businesses to include, but not be limited to, those selling intoxicating liquors, malt beverages, gasoline or fire- arms. (5) Acts necessary to preserve life. The power to do any and all acts necessary and incidental to the preservation oflife, limb and property within the city. (Code 1977, ~ 7-4) Sec. 6-26. Proclamation of emergency- When effective. The proclamation of emergency specifying with exactness the area in which the emergency is declared to exist shall become effective upon its issuance and dissemination to the public by the appropriate news media. (Code 1977, ~ 7-5) Sec. 6-27. Same-Termination. (a) Any emergency proclaimed in accordance with the provision of section 6-24 shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, which- ever occurs first; provided, however, upon decla- ration of a second or further emergencies to exist the emergency powers set forth herein may be exercised during such further emergency period or periods, but never for more than forty-eight (48) hours in one (1) declared emergency period. Supp. No. 21 (b) No emergency period shall extend beyond the next regular, special or called meeting of the city council unless at such meeting the declara- tion of emergency is specifically approved by resolution of the council. (Code 1977, ~ 7-6) [The next page is 455] 406 . ,e . e .