§ 16-24. Activation of disaster emergency activities.

A proclamation declaring a state of emergency shall authorize the taking of emergency measures including, but not limited to, the use or distribution of any supplies, equipment, materials, or facilities assembled or arranged to be made available pursuant to the disaster emergency plans of the county. The purpose of this article is to provide authority and enforcement power for the county administrator to:

(1)

Suspend or limit the purchase, sale, transfer or transportation of explosives, combustibles, dangerous weapons of any kind (other than firearms or ammunition, regulation of which has been preempted by the state) or alcoholic beverages;

(2)

Prohibit any demonstration, parade, march, vigil or participation therein from taking place on any public right-of-way or other public property;

(3)

Suspend or limit any sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances, other than the delivery of such into a tank properly affixed to an operable motor vehicle, motorcycle, boat, or airplane and used for the propulsion thereof;

(4)

Suspend or limit the participation in or carrying on of any business activity, and the keeping open of places of business, places of entertainment, and other places of public assembly, when such activities may negatively impact public health, safety and welfare;

(5)

Prohibit or regulate travel upon any public street or highway or upon any other public property;

(6)

Establish curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement and parking, except for the provision of essential services such as fire, police, emergency medical services and hospital services;

(7)

Prohibit any person or entity from charging more than the normal retail price for any goods, materials, or services sold during a declared state of emergency unless such person or entity demonstrates that the price charged is a reasonable reflection of increased costs incurred since the emergency was declared. The normal retail price as used herein is defined as the price at which similar goods, materials or services were being sold in the area during the 90-day period immediately preceding the declared state of emergency;

(8)

Prohibit the use of fresh water supplied by the county or a public water system for any purpose other than cooking, drinking or bathing;

(9)

Establish emergency operating centers and shelters in addition to or in place of those provided for in the county emergency management plans;

(10)

Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials;

(11)

Utilize all available resources of the county government as reasonably necessary to cope with the emergency, including emergency expenditures;

(12)

Direct and compel the evacuation of all or part of the population from any stricken or threatened area of the county;

(13)

Declare certain areas off limits;

(14)

Appropriate private merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement for such appropriation shall be made based upon the reasonable value thereof immediately prior to the emergency;

(15)

Allow the public safety director, or his designee on behalf of the county, to call for any mutual aid deemed necessary;

(16)

Prohibit passing, breaching, crossing, or attempting to cross, or removing or tampering with, any barricade, sign, or barricade tape placed by any department of public safety employee, law enforcement officer, public works employee, or fire department employee in performance of their official duty. This section shall not apply to city, county, state or federal officials acting in the discharge of their official duties or enforcing the provisions of this article;

(17)

Waive the procedures and formalities otherwise required by law pertaining to entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteers, renting equipment, acquiring and distributing, with or without compensation, supplies, materials and facilities, and appropriating and expending public funds; and

(18)

Take such other action as is necessary or appropriate in the circumstances.

(Ord. No. 96-14, § 8, 5-11-1996; Ord. No. 2011-22, § 1, 8-9-2011)