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HomeMy WebLinkAbout1318 OrdinanceORDINANCE 1318 AN ORDINANCE relating to the public peace, safety and good order; authorizing the Mayor to proclaim the existence of public danger or emergency, and by proclamation, impose curfew, restrict travel, and regulate the conduct of businesses and individuals during any such public danger or emergency; defining offenses and prescribing pen- altie s. WHEREAS, under RCW 35. 18. 200, the Mayor in time of public danger or emergency, if authorized by the City Council, has authority to take command of the police, maintain law, and enforce order, and, WHEREAS, it is deemed necessary for the protection of life and property and for preservation of public peace, safety and good order to grant to the Mayor such authority, and to give to the Mayor certain powers during the existence of any public danger or emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Whenever riot, unlawful assembly, or insurrection, or the imminent threat thereof, occur in the City of Pasco and result in, or threaten to result in, the death or injury of persons or the destruction of property to such extent as to require, in the judgment of the Mayor, extraordinary measures to protect the public peace, safety and welfare, the Mayor shall forthwith proclaim in writing the existence of public danger or emergency. Section 2. Upon the proclamation of public danger or emergency by the Mayor, and during the existence of such public danger or emergency, the Mayor may make and proclaim any or all of the following orders: (I) An order imposing a general curfew applicable to the City as a whole, or to such geographical area or areas of the City and during such hours, as he deems necessary, coupled with the authority to use such force or control as is necessary to prohibit unlawful traffic in any such area, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply; (2) An order requiring any or all business establishments to close and remain closed until further order; (3) An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the Mayor, be allowed to remain open; (4) An order requiring the discontinuance of the sale, distri- bution or giving away of alcoholic beverages in any or all parts of the City; (5) An order requiring the discontinuance of the sale, distri- bution or giving away of firearms and/or ammunition for firearms in any or all parts of the City; (6) An order requiring the discontinuance of the sale, distri- bution or giving away of gasoline or other liquid flammable or combustible products in any container other than a a gasoline tank properly affixed to a motor vehicle; ` (7) An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided that with respect to those business establishments which are - 2 - not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the Mayor, be allowed to remain open; (8) An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings; (9) An order prohibiting the carrying or possession of fire- arms, ammunition, explosives, inflammable materials or liquids, or any instrument or other dangerous weapon which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties; (10) An order prohibiting the assembly or meetings of three or more persons without permission given by the chief of Police of the City of Pasco; (11) Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practicable time, be presented to the City Council for ratification and confirmation, and if not so ratified and confirmed shall be void. Section 3. The Mayor shall cause any proclamation issued by him pursuant to the authority of this ordinance to be delivered to all - 3 - r � not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the Mayor, be allowed to remain open; (8) An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings; (9) An order prohibiting the carrying or possession of fire- arms, ammunition, explosives, inflammable materials or liquids, or any instrument or other dangerous weapon which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties; (10) An order prohibiting the assembly or meetings of three or more persons without permission given by the chief of Police of the City of Pasco; (11) Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practicable time, be presented to the City Council for ratification and confirmation, and if not so ratified and confirmed shall be void. Section 3. The Mayor shall cause any proclamation issued by him pursuant to the authority of this ordinance to be delivered to all - 3 - news media within the City and shall utilize such other available means, including public address systems, as shall be necessary, in his judgment, to give notice of such proclamations to the public. Section 4. It is unlawful for anyone to fail or refuse to obey any such order proclaimed by the Mayor. Anyone convicted of a violation of this section shall be punishable by a fine of not more than Five Hundred Dollars ($500. 00) or by imprisonment for not more than six months, or both such fine and imprisonment. Section 5. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as provided by law this 4 day of August, 1968. G. E. CARTER, AY OR AT T: Georg astman, City Clerk Approved as to form: D. WAYNE CAMPBELL, 01ty Attorney DIRECTOR OF ADMINISTRATION Augus t 7, 1968 Chief A.L. McKibbin Paso Police Department Pasco, Washington Dear Chief McKibbin: We are handing you herewith, a copy of Ordinance No. 1318 (Emergency Powers), passed by the Pasco City Council at their regular meeting on August 6, 1958. Sincerely, George D. Eastman Director of Administration GDE:ew y - SPEED LETTERO } *TO M's. Ruth Ittner FROM Mrs. Evelyn Wells City Clerk's Office Pasco, Washington SUBJECT ORDINANCE NO. 1318 FOLD MESSAGE DATE August 30 19 68 Per your request this date, enclosed is a copy of Ordinance No. 1818 for your perusal. If you need anything else, please do not hesitate to call on us. — FOLD — FOLD I i REPLY DATE 19 SIGNED Lice "SNAP -A -WAY" FORM 44.912P 3 -PARTS WILSON JONES COMPANY • © 1961 • PRINTED IN U.S.A. SNAP -A -WAY AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES WITH CARBON INTACT