§ 34-67. Closed or restricted areas and curfews during emergency.

(a)

To preserve, protect or sustain the life, health, welfare or safety of persons, or their property, within a designated area under a declaration of emergency, it shall be unlawful for any person to travel, loiter, wander or stroll in or upon the public streets, highways, roads, lanes, parks or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any other place during a declared emergency between hours specified by the mayor until the curfew is lifted.

(b)

To promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during an emergency, the mayor shall have discretion to impose reentry restrictions on certain areas. The mayor shall exercise such discretion in accordance with the local emergency operations plan, which shall be followed during emergencies.

(c)

The provisions of this section shall not apply to persons acting in the following capacities:

(1)

Authorized and essential law enforcement personnel;

(2)

Authorized and essential health care providers;

(3)

Authorized and essential personnel of the city;

(4)

Authorized National Guard or federal military personnel;

(5)

Authorized and essential firefighters;

(6)

Authorized and essential emergency response personnel;

(7)

Authorized and essential personnel or volunteers working with or through an emergency management agency (EMA);

(8)

Authorized and essential utility repair crews;

(9)

Citizens seeking to restore order to their homes or businesses while on their own property or place of business;

(10)

Other authorized and essential persons as designated on a list compiled by the mayor and/or fire chief (see subsection 34-62(a)(4)a.1.).

(d)

Enforceability. This section shall be enforced by officers of the law enforcement personnel approved to provide aid and assistance during the emergency. Nothing contained in this section shall prohibit a law enforcement officer from bringing other charges under state law.

(e)

Effective date. This section shall become effective only upon the signing of a declaration of emergency, stating this section is in effect.

(Ord. No. 2012-02, § 34-3-107, 4-16-2012)