HomeMy WebLinkAbout1999-03-01-Ordinance 2274_Criminal Code, Temporary Civil Disorder RestrictionsORDINANCE NO.2274
AN ORDINANCE TO AMEND CHAPTER 607,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 607 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 607 DEFINING TEMPORARY CIVIL
DISORDER RESTRICTIONS AND PROVIDING PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
TEMPORARY CIVIL DISORDER RESTRICTIONS
§607.1 Declaration TEMPORARY CIVIL DISORDER RESTRICTIONS
of Civil Disorder.Whenever the mayor determines that there has been either an act of
violence or resistance to a lawful exercise of public authority,and that as a result thereof,
he has reason to believe that there exists a clear and present danger of a riot or other
general public disorder involving widespread disobedience of the law and substantial
injury to persons or property,which riot or other general public disorder constitutes an
immediate threat to the public peace and to the general welfare of the city,or any area of
it,he may declare a state of civil disorder within the city or any of its areas.
§607.2 Promulgation of Temporary Restrictions.Whenever the mayor
declares that a state of civil disorder exists,he may promulgate any,all or part of the
temporary restrictions provided for in Section 602.3 of this ordinance,with such
limitations and conditions as he may deem appropriate under the circumstances.In so
doing,he shall specify the area of the city affected by each restriction.Any measure
promulgated will take effect only after reasonable notice of its contents has been given.
§607.3 Temporary Restrictions.The mayor is authorized to promulgate any,
all or part of the following restrictions:
A.Alcohol.Order the immediate closing of all taverns and order the
cessation of the sale or any other distribution of intoxicating liquor and
beer.
B.Weapons.Order the cessation of public display,possession,sale or any
other distribution of firearms and ammunition.
C.Explosives and Flammables.Order the cessation of the sale of any other
distribution of explosives and flammables.
D.Curfew.Order the closing of all or some public parks,public streets,or
other public places during specified hours.
E.Assembly.Order the cessation of any other activities reasonably believed
hazardous to the maintenance of public safety.
§607.4 Termination of Temporary Restrictions.Any restriction promulgated
in accordance with the provisions of this ordinance will terminate automatically forty-
eight (48)hours after the mayor's declaration of civil disorder was issued or upon his
issuing a declaration that a state of civil disorder no longer exists,whichever occurs first;
provided,however,that any or all of the restrictions promulgated by the mayor may be
extended by successive resolutions of the city council for additional periods of time.The
period of anyone extension shall not exceed five (5)days.
§607.5 Penalty.Anyone violating any of the provision of this ordinance shall,
upon convictions,be subject to imprisonment not exceeding thirty (30)days or a fine not
exceeding $100.00
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect
the validity of the ordinance as a whole or any section,provision,or part thereof not
adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this I"day ,r-N999,and ,ppmve',this 1"day of
March,1999.~_
?'MaY~~~(-.---
Clerk
I