Title 9 PEACE, SAFETY AND MORALS
Chapter 9.56 RIOTS
9.56.010 Purpose.
9.56.020 Government authority.
9.56.030 County sheriff--Powers.
9.56.040 Declaration of state of local emergency.
9.56.050 State of local emergency--Effective time and duration.
9.56.060 County sheriff--Emergency enforcement powers.
9.56.070 County sheriff--Emergency personnel and equipment powers.
9.56.080 Termination of state of local emergency.
9.56.090 Penalty for violation.
9.56.010 Purpose.
It is necessary and in the public interest that the county take all
appropriate action to insure that orderly procedures exist to protect persons
and property of the citizens of the county. (Ord. 354 § 1,
1971).
9.56.020 Government authority.
Article XI, Section 11 of the Constitution grants to the county the power
to determine local affairs and government. (Ord. 354 § 2, 1971).
9.56.030 County sheriff--Powers.
The board of supervisors deems it necessary for the protection of life and
property and for the preservation of the public peace and safety to grant
certain executive powers to the sheriff during a riot, general civil
disobedience, or threat of the same. (Ord. 354 § 3, 1971).
9.56.040 Declaration of state of local emergency.
Whenever riots, general civil disobedience or the threat of same occur in
the county, and it is deemed necessary in order to suppress the riot or act of
civil disobedience, or whenever the sheriff, or in the event of his inability to
act, the undersheriff determines that a local emergency exists as a result of
mob action or other civil disobedience, or the threat of same, causing danger of
injury to or damages to persons or property, he shall forthwith proclaim in
writing the existence of a state of local emergency. He shall cause widespread
publicity and notice to be given to such proclamation. (Ord. 354 § 4,
1971).
9.56.050 State of local emergency--Effective time and duration.
The proclamation of local emergency provided in this chapter shall become
effective immediately upon its issuance and dissemination to the public by
appropriate news media. The state of local emergency exists from the time the
proclamation of emergency is issued until it is duly terminated. (Ord. 354
§ 5, 1971).
9.56.060 County sheriff--Emergency enforcement powers.
After the issuance of a proclamation of local emergency, the sheriff shall
have the power to make, issue and enforce rules and regulations on matters
reasonably related to the protection of life and property as affected by such
emergency; provided, however, such rules and regulations must be confirmed at
the earliest practicable time by the board of supervisors. Specifically, he
shall have the power to:
A. Curfew.
1. Order a general curfew applicable
to such geographical areas of the county, to the county as a whole, as he deems
necessary in the interest of the public safety and
welfare.
2. “Curfew” means 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 county, excepting persons officially designated to duty with reference to
said civil emergency and representatives of news media, physicians, nurses and
ambulance operators performing medical services, utility personnel maintaining
essential public services, firemen and law enforcement officers and personnel,
and those specifically authorized by duly designated authority;
B. Business
Closing. Order the closing of any business establishments anywhere within the
county for the period of the emergency, such businesses to include, but not be
limited to, those selling intoxicating liquors, cereal malt beverages, gasoline
or firearms;
C. Alcoholic Beverages. Order that no persons shall consume any
alcoholic beverages in a public street or place which is publicly owned or in
any motor vehicle driven or parked thereon which is within a duly designated
restricted area;
D. Weapons. Order that no person shall carry or possess any
gun, bomb, fire bomb, knife, rock, bottle, club, brick or weapon, who uses or
intends to use the same unlawfully against the persons or property of
another;
E. Traffic Control. Designate any public street, thoroughfare or
vehicle parking areas closed to motor vehicles and pedestrian
traffic;
F. General Authority. Issue such other orders as are imminently
necessary for the protection of life and property. (Ord. 354 § 6,
1971).
9.56.070 County sheriff--Emergency personnel and equipment powers.
Once a proclamation of emergency is issued and throughout the state of
local emergency the sheriff is empowered to:
A. Request the governor for all
necessary assistance;
B. Requisition necessary personnel or material of any
county department or agency;
C. Control and direct all county personnel and
equipment;
D. To require emergency services of any county officer or
employee and to command the aid of as many citizens of this community as he
thinks necessary in the execution of his duties; such persons shall be entitled
to all privileges, benefits and immunities as are provided by state law for
registered civil defense and disaster worker volunteers. (Ord. 354 § 7,
1971).
9.56.080 Termination of state of local emergency.
Any state of local emergency proclaimed in accordance with the provisions
of this chapter shall terminate after forty-eight hours from the issuance
thereof, or upon the issuance of a proclamation by the sheriff determining a
local emergency no longer exists, whichever occurs first; provided, however,
that such emergency may be extended for such additional periods of time as
determined necessary by the sheriff. (Ord. 354 § 8, 1971).
9.56.090 Penalty for violation.
Any person violating the provisions of this chapter or executive order
issued pursuant thereto is guilty of an offense against the county, and shall be
punishable by a fine not exceeding one thousand dollars or by imprisonment not
exceeding one hundred eighty days, or by both such fine and imprisonment. (Ord.
354 § 9, 1971).
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