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HomeMy WebLinkAboutORD NO 1849 ORDINANCE NO. 1849 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.90 TO THE MUNICIPAL CODE RELATING TO RIOTS, MOB ACTION OR OTHER CIVIL DISOBEDIENCE; PROVIDING FOR EMERGENCY REGULATIONS TO PRESERVE THE PEACE AND ORDER OF THE CITY; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. WHEREAS, it is deemed necessary and in the public interest that the City take all appropriate action to insure that orderly procedures exist to protect persons and property of the citizens of the City of Bakersfield; and WHEREAS, Article 11, Section 8 of the Constitution grants to the City the 'power to determine local affairs and government; and WHEREAS, the City Council of the City of Bakersfield deems it necessary for the 'protection of life and property and for the preservation of the public peace and safety to grant certain executive powers to the Mayor during a riot, general civil disobedi- ence, or threat of the same. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. ~ That Chapter 1.90 be added to the Municipal Code of the City of Bakersfield to read as follows: Chapter 1.90 RIOTS, CIVIL DISOBEDIENCE Sections: 1.90.010 Proclamation 1.90.020 Effective date of Proclamation 1.90.030 RUi&g and Re ulatio s---Co- firmation by Counoil 1.90.040 Powers of Mayor 1.90.050 Termination of Local Emergency 1.90.060 Penalty 1.90.070 Savings Clause 1.90.010 Proclamation. Whenever riots, general civil dis- obedience or the threat of same occur in the City of Bakersfield, and it is deemed necessary in order to suppress the riot or act of civil disobedience, or whenever the Mayor, or in the event of his inability to act, the Vice-Mayor, at the request of the City Manager on advice of the Chief of Police, determines that a local emergency exists as a result of mob action or other civil disobedience, or the threat of same, causing danger of injury to or damages to persons or property, he shall forthwith proclaim in writing the existence of a state of local emergency. He shall cause widespread publicity and notice to be given such proclamation. 1.90.020 Effective date of Proclamation. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and dissemination to the public by appropriate news media. The state of local emergency exists from the time the proclamation of emergency is issued until it is duly terminated. 1.90.030 Rules and Regulations--Confirmation by Council. After the issuance of a proclamation of local emergency the Mayor shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. Specifically, he shall have the power to: a. Curfew Order a general curfew applicable to such geographical areas of the City, to the City as a whole, as he deems necessary in the .!nte,re.s.t. of t_h..e- public .s_af_e_t_.y.. ~.n..d, .w.,e.,1.f~.r,.e. Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, publ.ic 'property or vacant premises within the corporate limits of the City, excepting persons officially -2- designated to duty with reference to said civil emergency and ~.~.~ representatives of the news media, physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and personnel, and those specifically authorized by duly designated authority. b. Business Closin8 Order the closing of any business establishments 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. Alcoholic Beverages Order that no persons shall consume any alcoholic beverages in a'~public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area. d. Weapons Order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another. e. Traffic Control Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic. f. General Authority Issue such other orders as are imminently necessary for the 'prpt_ection of l~fe and 'proper~ty_. 1.90.040 Powers of Mayor. Once a proclamation of emergency is issued and through the state of local emergency the Mayor is empowered to: -3- a. Request the governor for all necessary assistance; b. Obtain vital supplies~ equipment and such other properties found lacking and needed for the protection of the life and 'property of the 'people, and bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use; c. To require emergency services of any City officer or employee and to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered civil defense and disaster worker volunteers. 1.90.050 Termination of Local Emer§ency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after the next Council meeting from the issuance thereof or upom the issuance of a proclamation by the City Council determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary by the City Council. 1.90.060 Penalty. Any person violating the provisions of this chapter or executive order issued pursuant thereto shall be guilty of an offense against the City of Bakersfield, and shall be punishable by a fine not exceeding $1,000.00 or by imprisonment not exceeding 180 days, or by both such fine and imprisonment. 1.90.070 Savings Clause. If any word, clause, sentence, paragraph, section or other part of Chis ~bapter shall be adjudged -4- by any court of competent jurisdiction to be invalid, such judgment shall not be construed to invalidate or impair the remainder of this chapter, which shall continue in full force and effect notwith- standing such holding, but shall be confined in its operation to the word, clause, sentence, paragraph, section or other part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 2. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health and safety. It shall take effect and be in force from and after its publication in accordance with the City Charter on adoption of ordinances. o0o -5- I HEREBY CERTIFY that the foregoing Ordinance was passed and ado'pted by the Council of the City of Bakersfield at a regular meeting thereof held on the 2nd day of March, 1970, by the following vote: AYE'S: COUNCILMEN BI.EE~I(E,. HEISEY. I~'. ~0 STIE,N. VEl'rE,. WHITI'EMO,E NOES; ABSENT COUNCILMEN: ABSI'AINING COUNCILMEN; .~.~ _ CITY--CLERK and Ex-(~ffici6 Clerk of the Council of the City of Bakersfield APPROVED this 2n_~d'. d~/of March, 1970 ~~rsfield APPROVED: CITY ATTO~Y Affi avi! of Iosting rbillar es STATE OF CALIFORNIA, ~ County of Kern ~ ss. MA~RIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ............. .M...a...r...c_h.....3.. ...................................................... 19..7..0.... she posted on the Bulletin Baard at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .................M...a...r..~..h.....2.. ............................... , 19..7...0..., which ordinance was numbered .............. ..1..8...4...9. ............... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.90 TO THE MUNICIPAL CODE RELATING TO RIOTS, MOB ACTION OR OTHER CIVIL DISOBEDIENCE; PROVIDING FOR EMERGENCY REGULATIONS TO PRESERVE THE PEACE AND ORDER OF THE CITY; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Subscribed and sworn to before me this ...~X'.~....day of ...... ~.a..r.~.h ............................ ,19....7...0.. Notary Public in and for Ihe County o! Kern, State of California I '~,,.~ff PRINCIPAL O.,CE ,~ I ~ ~ERN couNtY [ My Commission Expires August 20, 1972'