Chapter II, Section XI - Emergency Protection

Sec. 2-11-1.    Purpose.

The Town will from time to time in the future, in all probability, have within its corporate limits fire, flood, civil disturbances and riots; and, therefore, it is deemed in the best interest of the Town to exercise certain emergency police powers necessary to and incidental to the maintenance of the safety, health and welfare of the citizens of Eaton.

Sec. 2-11-2.    Mayor's authority.

Emergency police powers shall be placed in the hands of the Mayor, and these powers are to be exercised only in the event of an emergency as herein contemplated and shall only be exercised for such period of time as the actual emergency exists; and further. said powers shall only be invoked after a declaration and proclamation of an emergency.

Sec. 2-11-3.    Powers of Mayor.

In addition to any and all powers enumerated in this Code, the Mayor shall have further emergency powers necessary to preserve the peace and order of the Town as follows:

1. The Mayor shall have the power to declare an emergency to exist when, in his or her opinion, one (1) or more of the following conditions exists:
   1. That there is extreme likelihood of danger of destruction of life or property.
   2. Unusual or extreme weather conditions, making use of Town streets or areas difficult or impossible.
   3. Civil unrest, commotion or uprising is imminent or exists.
   4. There is a stoppage or loss of electrical power affecting a major portion of the Town.
2. The emergency shall be declared in a proclamation of the Mayor, which proclamation shall be delivered to the Chief of Police, who shall then see that said proclamation is delivered to all news media within the Town and who shall also use public address systems throughout the Town and immediately notify the public of said proclamation and that violators will be arrested and subject to penalty.
3. After declaration of such emergency, the Mayor shall have the authority to exercise any or all of the following powers:
   1. To call upon regular and auxiliary enforcement agencies and organizations within or without the Town to assist in preserving and keeping the peace and the preservation of life and property of the citizenry of the Town.
   2. The power to close streets and sidewalks and to delineate areas within the Town where an emergency exists.
   3. To impose a curfew upon all or any portion of the Town thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and Town-authorized or -requested enforcement officers and personnel may be exempted from such curfew.
   4. To order the closing of any business establishments anywhere within the Town for the period of the emergency, such businesses to include, but not be limited to, those selling liquors, malt beverages, gasoline or firearms.
   5. The power to do any and all acts necessary and incidental to the preservation of life, limb and property within the Town.
4. The proclamation of specifying with exactness the area in which the emergency is declared to exist shall become effective upon its issuance and dissemination to the public by the appropriate news media.
5. Any emergency proclaimed in accordance with the provisions of this ordinance shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, upon declaration of a second or further emergencies to exist, the emergency powers set forth herein may be exercised during such further emergency period or periods, but never for more than forty-eight (48) hours in one (1) declared emergency period.
6. No emergency period shall extend beyond the next regular special or called meeting of the Board of Trustees unless at such meeting the declaration of emergency is specifically approved by resolution of the Board.

Sec. 2-11-4.    Penalties.

Any person who shall willfully fail or refuse to comply with the order of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the Proclamation of Emergency authorized herein shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.