A. Proclamation of Emergency.
- Existence of emergency. Whenever riot, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake or other catastrophe or disaster occurs in the city and results in or threatens to result in the death or injury of persons or the destruction of property or the disruption of local government to such extent as to require, in the judgment of the Mayor, extraordinary measures to prevent the death or injury of persons and to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the Mayor shall forthwith proclaim in writing of the existence of a civil emergency. SMC 10.02.010.A.
- Procedural requirements.
- Filing with the clerk of the city council. Any proclamation shall be filed with the city clerk within forty-eight (48) hours of issuance or as soon as practical for presentation to the city council for ratification and confirmation, modification, or rejection. SMC 10.02.010.C.
- Action by the city council. The city council may, by resolution, modify or reject the proclamation.
i. If rejected, it shall be void.
ii. Modification or rejection shall be prospective only and shall not affect actions taken prior to the modification or rejection.
iii. The council shall endeavor to act on any proclamation within forth-eight (48) hours of its presentation. Id.
- Notification. The proclamation shall be delivered to the Governor, and to the extent practicable, to all news media within the city, and shall be disseminated by other means. SMC 10.02.100.
- The emergency shall cease to exist upon the issuance of a proclamation by the Mayor or by a resolution passed by not less than two-thirds (2/3) of all members of the city council. SMC 10.02.010.B.
- A proclamation to terminate the emergency shall be issued when extraordinary measures are no longer required for the protection of the public peace, safety and welfare. Id.
B. Powers and Duties of Mayor.
- Orders pursuant to a proclamation of emergency. Upon the proclamation of a civil emergency, and during the existence of the emergency, the Mayor may make orders that include:
- Imposing a general curfew applicable to the city as a whole, or to such geographical area(s) of the city and during such hours, as the Mayor deems necessary.
- Requiring any or all business establishments to close and remain closed until further order.
- Closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings.
- Directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons.
- Such other orders as are imminently necessary for the protection of life and property. SMC 10.02.020.
- Procedural requirements for orders. Requirements for filing with the city clerk and presentation to the city council are contained in SMC 10.02.020.
- Authority to enter into contracts and incur obligations. See SMC 10.02.030.
- Use of existing resources. The Mayor shall utilize to the maximum extent practicable the services, equipment, supplies, and facilities of existing departments, offices and agencies of the city, state and other municipal corporations. SMC 10.02.040.A.
- Commandeering of service and equipment after emergency proclamation by Governor. The Mayor, in the event of a disaster, after proclamation by the Governor of the existence of a disaster, shall commandeer the service and equipment of as many citizens as considered necessary in the light of the disaster proclaimed. SMC 10.02.040.B.
C. Violations and Penalties. It is unlawful for anyone to:
- Fail or refuse to obey an order proclaimed by the Mayor. SMC 10.02.110.