Chapter I · Administration

ARTICLE 6. PROCLAMATION OF EMERGENCY

Sections 1-601 to 1-605 · 5 sections

1-601 Comprehensive emergency management plan.

A policy entitled “Comprehensive Emergency Management Plan of the City of Baldwin City, Kansas (March, 2005)” is hereby adopted by reference as if set out word for word herein. No fewer than three (3) copies of said document shall be marked or stamped “Official Copy as adopted by the Code of the City of Baldwin City” and which there shall be attached a copy of the adopting ordinance. Said official copies shall be filed with the city clerk and shall be open to inspection and available to the public at all reasonable hours. All departments of the city shall be supplied with copies of such rules and regulations as may be deemed necessary. Such policy shall be used by the City when faced with emergency disaster situations in the interest of streamlining the preservation of life and property in the face of an emergency or disaster in our community.

(Ord. 1161, Secs. 1:2; Code 2006)

1-602 Mayor proclaims emergency.

Whenever, in the judgment of the mayor or in the event of the mayor’s inability to act, the president of the council, determines that an emergency exists as a result of mob action or other civil disobedience causing danger of injury to or damages to persons or property, he or she shall have power to impose by proclamation any or all of the following regulations necessary to preserve peace and order of the city:

(a)To impose a curfew upon all or any portion of the city thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places. However, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, fire fighters and city authorized or requested law enforcement officers and personnel may be exempted from such curfew.

(b)To order the closing of any business establishment anywhere within the city 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)To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.

(d)To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city.

(Code 1971, 1-601)

1-603 Effective.

The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.

(Code 1971, 1-602)

1-604 Termination.

Any emergency proclaimed in accordance with the provisions of this article shall terminate after 48 hours from the issuance thereof or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first. Such emergency may be extended for such additional periods of time as determined necessary by resolution of the governing body.

(Code 1971, 1-603)

1-605 Penalty.

Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be in violation of this article and subject to the penalties imposed under section 1-118 of this code.

(Code 1971, 1-604; Code 1985)