HomeMy WebLinkAboutOrdinance No.08-1969MICROFILMED
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ORDINANCE, NO. 8'b9
AN ORDINANCE OR TI I1- CI'1'1' OP CAPE? CANAVERAL,
FLORIDA, DI INING CIVI1, EMERGENCY; DEFINING
CURFEW; AUTIIORIZING 1111- MAYOR, Olt CITE'
MANAGER Oil CITE' COMMISSION I'll TO PROCLAIM
IIIL' Exf5T1-NCE Oil A CIVIL EMIiItGL'NCY; AUI'110R-
IZATION'1 O IMPOSE: CURFEW DURING SUCII CIVIL
EMERGENCY; '10 RIsGULATI: 1111: CONDUCT OF
CERTAIN RUSlNI -SSES DURING CIVIL EMERGENCE';
PRI -.SCRIBING PENALTIES FOR VIOLATIONS; AND
PROVIDING AN EFI'ECTIVE DA'L'E.
WHEREAS, the City of Cape Canaveral, Florida has the responsibility
under the law for preserving the pence, good order and welfare of Its citizens,
and
WHEREAS, it is determined necessary and in the public interest that the
City take all appropriate action to insure that orderly procedures are available
to protect persons and property in the City of Cale Canaveral. Florida, in order
to preserve tile public peace, property, health and safety of the City and its
citizens in the event of civil emergency;
NOW, 'I'IililjI- I :OltP Ili-. 1'1' ORDAINED BY '1'111: City Council of tile City
of Cape Canaveral, Florida, as follows:
SECTION 1: D&initions:
(a) A Civil Emergency is hereby defined to be:
L A riot or unlawful assembly characterized by the use of
actual force or violence or any threat to use force if accompanied by immediate
power to execute by three or more persons acting together without authority of
law.
2. Any natural disaster or manmade calamity including flood,
conflagration, cyclone, tornado, hurricane, earthquake or explosion within
the corporate limits of the City of Cape Canaveral resulting in the death or
injury of persons or the destruction of property to such all extent that extra-
ordinary pleasures must be taken to protect the public health, safety and
welfare.
(b) Curfew is hereby defined as n prohibition against any person or persons
walking, running, loitering, standing or motoring upon any alley, street,
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highway, public property or vacant premises within the corporate limits of
the City of Cape Canaveral, excepting the persons officially designated to
duty with reference to said civil emergency.
SECTION 2: When in the Judgnurnt of the Mayor, or in the absence of
the Mayor, the City Manager or in the absence of the City any
available counclillien, a civil emergency as defined herein is deemed to
exist he shall forthwith proclaim In writing the existence of same.
SEC'I'ION 3: After proclamation of civil emergency, as above described,
he may order a general curfew applicable to such geographical areas of the
City or to the City us a whole, ac he deems advisable, and applicable during
such hours of the day or night as he may deem necessary in the interest of
the public safety and welfare. The party proclaiming a civil emergency is
also empowered to close the stores or places of business and make such other
temporary orders for the preservation of the peace or protection of life of
property as he may deem necessary and such order shall have the force and
effect of law.
SECTION a: Any person violating the provisions of this ordinance or
executive order issued pursuant hereto or any person who wilfully fails or
refuses to comply with the order or orders of any duly autun•ized law
enforcement officer or personnel chargLd with the responsibility of the
enforcement of such executive order shall. upon conviction therefor, be
punished by fine of out more than $300. 00 or by Imprisonment in the City
jell for it period not to exceed sixty (60) days, or by both such fine and
imprisonment.
SECTION 5: 'Ibis ordinance shall take effect and be enforced immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this ! day of October, 1969.
Attest: �� �< Z —
Mayor
City Clerk
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Approved at to Form:
City Attorney
First heading: October 7, 1969
Posted: October 8, 1969
Second,itcading: October 11, 1969
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