§ 900.21. Civil emergencies.

Subdivision 1. Scope of subsection. The purpose of this subsection is to provide the City with the power to take appropriate measures in the event of a civil emergency as hereinafter defined. Nothing in this section is to be construed to limit any power or authority now lawfully possessed by any City official acting within the scope of his duties, nor is this section to be construed to impose obligations upon any City officials, the breach of which might subject any official to liability.

Subd. 2. Definitions. The terms defined in this subdivision have the meanings given them.

(a)

"Civil emergency" means (i) any act or unlawful assembly characterized by the use of actual force or violence or any threat to use force or act with violence if accompanied with the immediate power to execute such threat by three (3) or more persons acting in, concert without authority of law, or (ii) as any disaster or calamity including, but not limited to, floods, conflagration, cyclones, tornadoes, earthquakes, or explosions within the corporate limits of the City resulting in death or injury to persons or destruction of property to such an extent that extraordinary measures are necessary to protect and preserve public health, safety and welfare where provisions of this code relating to emergency services contained in subsection 900.01 to 900.19 do not apply, or cannot be applied due either to the unavailability of the Mayor or because more expeditious action is required due to the severity of the condition sought to be remedied;

(b)

"Curfew" means a prohibition against any person or persons being physically present, irrespective of the nature of activity, upon an alley, street, highway, public property or place, or vacant premises within the limits of the City, excepting persons officially designated to perform duties with respect to a civil emergency as may be proclaimed pursuant to the provisions of this section.

Subd. 3. Proclamation of civil emergency. The Mayor is empowered to declare the existence of a civil emergency as defined in this subsection. Upon such declaration, the Mayor may issue supplemental orders he deems necessary to effectuate the purposes of this subsection, including, but not limited to, the following:

(a)

An order for a general curfew applicable to geographical areas of the City or to the City as a whole that he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of public safety and welfare;

(b)

An order closing all establishments furnishing any intoxicating beverage or non-intoxicating malt liquor;

(c)

An order closing all private clubs or portions thereof where the consumption of intoxicating liquor or non-intoxicating malt liquor is permitted;

(d)

An order closing all retail liquor stores, whether municipal or privately operated;

(e)

An order discontinuing the selling, dispensing, or giving away of gasoline or other liquid flammable or combustible products in any containers other than a gasoline tank forming an integral part of any motor vehicle;

(f)

An order closing gasoline stations or other establishments, a primary activity of which is the sale, dispensation, or distribution of liquid flammable or combustible products;

(g)

An order discontinuing the sale, distribution, dispensation, or giving away of any firearms or ammunition of any character;

(h)

An order closing establishments or portions thereof which sell distribute, dispense, or give away firearms or ammunition of any character; and

(i)

Any other order which the Mayor may deem necessary for the protection of life and property, consistent with the purposes of this subsection.

Subd. 4. Action of City Council. As orders issued by the Mayor pursuant to subdivision 3 of this subsection shall be in force until the next regular meeting of the Council, or special meeting if duly called, at which time the Council shall review all actions of the Mayor made in accordance with this subsection and either ratify or disaffirm each action.

Subd. 5. Penalty. Violation of any order issued by the Mayor pursuant to this subsection is a misdemeanor.