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O68-08ORDINANCE NO. 68 -~ AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO MOB ACTION, CIVIL DISOBEDIENCE OR OTHER EMERGENCY SITUATIONS; PROVIDIN© FOR EMERGENCY REGULATIONS TO PRESERVE THE PEACE AND ORDER OF THE CITY, PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, PENALTY PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. PREAMBLE This Ordinance is deemed to be an emergency measure enacted for the immediate preservation of the peace, property and welfare of the inhabitants of the City of Boynton Beach and for the efficient daily operation of the municipal Police and Fire Departments and to provide orderly procedures to protect persons and property of the citizens of the City of Boynton Beach, Florida, in the event of civil disobedience or other emergency situations. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Definitions: A civil emergency is hereby defined to be: (1) a riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law. (2) Any natural disaster or manmade calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City of Boynton Beach, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. Curfew is hereby defined as 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 City of Boynton Beach, excepting persons officially designated to duty with reference to said civil emergency. Section 2: Whenever, in the judgment of the Mayor, or in the event of his inability to act, the Vice-Mayor, or in the event of his inability to act, any two City Councilmen, or in the event of their inability to act, the City Manager, determines that an emergency exists as a result of mob action, civil disobedience, or other emergency situation, causing damage or injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the ~eace 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; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and city authorized or requested law enforcement officers and personnel may be exempted from such curfew. (b) To order the closing of any business establishments anywhere within the City for the period of the~nergency, 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. (e) Such other orders as are imminently necessary for the protection of life and property. Section 3: The Proclamation of Emergency provided herein shall become effective upon its issuance. Section 4: Any emergency proclaimed in accordance with the provisions of this ordinance shall terminate after forty-eight (48) hours from lthe issuance thereof, Or upon the issuance of a proclamation determining an IemergencY no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the governing body. Section 5: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 6. Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase, or sentence, and if any portion hereof shall, by a Court of competent jurisdiction, be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 7. Repealing Provisions: Alt Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Secti.o,n 8., Penalty Provisions: Any persons who shall fail or refuse to comply with the orders of duly authorized law enforcement officers or 3ersonnel charged with the responsibility of enforcing this Ordinance or the Proclamation of Emergency authorized herein shall be deemed guilty of violatio] -2- ; {ithis Ordinance, and upon conviction therefor, shall be punished by a fine {!of not more than Five HUndred Dollars ($500.00) or by imprisonment in the iCity Jail for a period of not to exceed s~iy' (6.0) days, or by both such fine !'~and imprisonment. Section 9: Effective Date: This Ordinance is deemed to be an emergency measure and shall take effect immediately upon passage. A.D. 1968. ATTEST: City Clerk CITY OF BOYNTON B~ACH, FLORIDA Councilman Councilman Councilman (CORP. SEAL) ¸'3-