HomeMy WebLinkAboutOrdinance-1969-0009 - Emergency Police PowersBy COUNCILMAN: RaV C. Pepe
ORDINANCE NO. 9
Series of 1969
TITLE. AN ORDINANCE ADOPTING-EMERGENCY PbLICE POWERS WITHIN THE CITY
OF WHEAT RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
2-11-1 Purpose. The City of Wheat Ridge will from time to time in
the future, in all probability, have within its corporate limits fire, flood,
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 Wheat Ridge.
2-11-2 Mayor's Authority. Emergency police powers shall be placed
in the hands of the Mayor of the City of Wheat Ridge 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 of time as the actusl emergency
exists and further that said powers shall only be invoked after a declaration
and proclamation of an emergency.
2-11-3 Powers of Mayor. 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 of the City as follows:
(a) The Mayor shall have the power to declare an emergency to exist
when, in his opinion, one or more of the following conditions exists
(1) That there is extreme likelihood of danger of destruction of
life or property due to unusual conditions.
(2) Unusual or extreme weather conditions, making use of City streets
or areas difficult or impossible.
(3) Civil unrest, commotion or uprising is imminent or exists.
(4) There is a stoppage or loss ofelectrical power affecting
a major portion of the City.
(b) The Emergency shall be declared in a proclamation of the
Mayor, which proclamation shall be delivered to the Chief of Police, who
shall then see that said proclamation is delivered to all news media within
the City who shall immediately notify the public of said procmamation and
that violators will be arrested and subject to penalty.,
(c) After declaration of such emergency, the Mayor shall have
the authority to exercise any or all of the following powers:
(1) To call upon regular and auxiliary enforcement agencies and
organizations within or without the City to assist in- -
preserving and keeping the peace and the preservation of life
and property of the citizenry of Wheat Ridge.
(2) The power to close streets and sidewalks and to delineate areas
within the City wherein and emergency exists.
(3) To impose a curfew upon all or any portion of the City thereby
requiring all persons in such designated curfew areas to forth-
with remove themselves from the public streets, alleys, parks
or other public places; provided, however, that physicians,
nurses and ambulance operators performing medical services,
utility personnel maintaining essential public services, fire-
men and City authorized or requested enforcement officers and
personnel may be exempted from such curfew.
(4) To order the closing of any business establishments anywhere
within the City.for the period of the emergency, such businesses
to include, but not be limited to, those selling intoxicating
liquors,'malt beverages, gasoline or firearms.
(5) The power to do any and all acts necessary and incidental to _
the preservation of life, limb and property within the City
of Wheat Ridge.
(d) The proclamation of 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.
(e) After declaration of such emergency, the Mayor shall arrange
for notifying the City Council for a special meeting as soon as is reason-
ably possible.
(2) Any emergency proclaimed in accordance with the provisions
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of this ordinance shall terminate after forty=eight (48) hours from the
issuance thereof, or upon the issuance of a proclamation determining an
an emergency no longer exists, whichever occurs first; provided, however,
upon declaration 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
declared emergency period.
(3) NO emergency period shall extend beyond the next regular,
special or called meeting of the City Council unless at such meeting the
declaration of emergency is.specifically approved by resolution of the
Council.
2-11-4 Penalties. Any person who shall willfully fail or refuse
to comply with the order 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 punished by a fine of not more than
$300 or by imprisonment for a period not to exceed ninety days, or by both
such fine and imprisonment.
INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED AND POSTED on
first reading this twenty-first (21) day of October, A.D. 1969, by a vote
of six (6) to zero (0).
PASSED, ADOPTED, AND ORDERED PUBLISHED AND POSTED on second and
final reading this tenth (10) day of November, A.D. 19699 by a vote of
five (5) to zero (0).
Albert E. Anderson, Mayor
ATTEST:
Louise F. Turner, City Cler
CERTIFICATE OF POSTING
I, Louise F. Turner hereby certify that Ordinance No. 9
was duly posted by me following first reading.on--the 30th
day of _-October- .1.969; at-the following locations within the
City of Wheat Ridge:
Wheat Ridge Past Office
Wheat Ridge Branch Library
Westridge Sanitation District Office_
Columbia Heights School _
Prospect Valley Fire Department
Wheat Ridge City Office
I, Louise F. Turner hereby certify,that Ordinance No. 9
was _duly posted by me following second.reeding on the 11th
day of November 1969, at the above locations within the City
of Wheat Ridge.
Louise F Turner
City Clerk.
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