The URL can be used to link to this page

Home My WebLink AboutCode Master Project 1978: Chapter 605: Civil Emergency (No Change) § 605.01 CIVIL EMERGENCY § 605.02 CHAPTER 605 CIVIL EMERGENCY Sec. 605.01 Definitions. Civil Emergency is hereby defined to be: (1) 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 an extent that extraordinary measures must be taken to protect the public health, safety and welfare. 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 Cape Canaveral, excepting the persons officially designated to duty with reference to said civil emergency. [Ord. No. 8-69, § 1, 21 Oct. 1969] Sec. 605.02 Persons Authorized to Declare Civil Emergency. When in the judgment of the Mayor, or in the absence of the Mayor, the City Manager, or in the absence of the City Manager, any available 605-0B § 605.02 CIVIL EMERGENCY § 605.04 councilman, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same. [Ord. No. 8-69, § 2, 21 Oct. 1969] Sec. 605.03 Powers when a Civil Emergency Exists. After proclamation of civil emergency, as described in §§ 605.01, 605.02, the person declaring the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as 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 person proclaiming a civil emergency is also empowered to close the stores or places of busi- ness and make such other temporary orders for the preservation of the peace or protection of life or property as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct. 1969] Sec. 605.04 Violations of Orders Punishable. Any person violating the provisions of this Chapter or executive order issued pursuant hereto or any person who wilfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility of the enforcement of such executive order shall be punished as provided in § 801.01. [Ord. No. 8-69, § 4, 21 Oct. 1969] § 605.01 CIVIL EMERGENCY § 605.02 CHAPTER 605 CIVIL EMERGENCY Sec. 605.01 Definitions. Civil Emergency is hereby defined to be: (1) 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 an extent that extraordinary measures must be taken to protect the public health, safety and welfare. 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 Cape Canaveral, excepting the persons officially designated to duty with reference to said civil emergency. [Ord. No. 8-69, § 1, 21 Oct. 1969] Sec. 605.02 Persons Authorized to Declare Civil Emergency. When in the judgment of the Mayor, or in the absence of the Mayor, the City Manager, or in the absence of the City Manager, any available § 605.02 CIVIL EMERGENCY § 605.04 councilman, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same. [Ord. No. 8-69, § 2, 21 Oct. 1969] Sec. 605.03 Powers when a Civil Emergency Exists. After proclamation of civil emergency, as described in §§ 605.01, 605.02, the person declaring the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as 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 person proclaiming a civil emergency is also empowered to close the stores or places of busi- ness and make such other temporary orders for the preservation of the peace or protection of life or property as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct. 1969] Sec. 605.04 Violations of Orders Punishable. Any person violating the provisions of this Chapter or executive order issued pursuant hereto or any person who wilfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility of the enforcement of such executive order shall be punished as provided in § 801.01. [Ord. No. 8-69, § 4, 21 Oct. 1969] property as he may deem necessary and such order shall have the force and effect of law. SECTION 4: 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 authorized law enforcement officer or personnel charged with the responsibility of the enforcement of such executive order shall, upon conviction therefor, be punished by fine of not more than $300. 00 or by imprisonment in the City jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment. SECTION 5: This ordinance shall take effect and be enforced immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of October, 1969. 1981 Codification [signature] Mayor Attest: [signature & seal] City Clerk OR 8-69 PAGE 2 OF 3 ORD# 8-69, Chapter 605 CHAP 605 Sec. 605.01 Definitions. Civil Emergency is hereby defined to be: (1) 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 an extent that extra- ordinary measures must be taken to protect the public health, safety and welfare. italics Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, PAGE 1 OF 3 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. [Ord. No. 8-69, §1, 21 OCT. 1969] Sec. 605.02. PERSONS AUTHORIZED TO DECLARE CIVIL EMERGENCY. When in the judgment of the Mayor, or in the absence of the Mayor, the City Manager or in the absence of the City Manager, any available councilmen, a civil emergency as defined herein is deemed to exist he shall forthwith proclaim in writing the existence of same. [Ord. No. 8-69, §2, 21 OCT. 1969] Sec. 605.03. POWERS WHEN A CIVIL EMERGENCY EXISTS. After proclamation of civil emergency, as described in §§605.01, 605.02, the person declating the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as 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 person 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 or property as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, §3, 21 OCT. 1969] Sec. 605.04. VIOLATIONS OF ORDERS PUNISHABLE. Any person violating the provisions of this Chapter or executive order issued pursuant hereto or any person who wilfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility of the enforcement of such executive order shall be punished as provided in §801.01 [Ord. No. 8-69, §4, 21 OCT. 1969]