§ 9-7. Specific restrictions authorized; exemptions .

(1)    During the existence of a declared state of local emergency, the city manager may impose by executive order any or all of the following restrictions:

(a)    Prohibit or regulate the purchase, sale, transfer or possession of alcoholic beverages.

(b)    Prohibit or regulate any special event, demonstration, parade, march, vigil or participation therein from taking place on any of the public rights-of way or upon any public property;

(c)    Prohibit or regulate the sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances altogether, except by delivery into a tank properly affixed to an operable motor vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof;

(d)    Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment and any other places of assembly;

(e)    Prohibit or regulate travel upon any public street, highway or upon any other public property. The city manager may exempt persons in search of medical assistance, food or other commodity or service necessary to sustain the well being of themselves or their families or some member thereof;

(f)    A curfew upon all or any portion of the city thereby prohibiting persons from being on public streets, highways, parks or other public places during the hours which the curfew is in effect;

(g)    Prohibit state and/or local business licensees, vendors, merchants and any person operating a retail business from charging more than the normal average price for any goods, materials or services sold during a declared state of local emergency, except that the normal average price for any merchandise may be increased, but only to the degree that the maximum increase in retail price shall be a percentage less than or equal to the amount representative of the average mark-up percent between wholesale and average retail price for any merchandise during the 30-day period immediately preceding the declared state of local emergency or the normal average price for services sold during the 30 days immediately preceding the declaration of a state of local emergency; or

(h)    Upon request of the city utilities director, prohibit any person, firm, or corporation from using fresh water supplied by the city for any purpose other than cooking, drinking or bathing.

(2)    The executive order of the city manager my exempt, from all or part of such restrictions, physicians, nurses and ambulance operators performing medical services, on-duty employees of hospitals and other medical facilities, on-duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, city authorized or requested firefighters, law enforcement officers and personnel and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve safety, health and welfare needs to the people within the city or other essential personnel having to stop or travel through the city. 

(Code 1962, § 8½-4; Ord. No. 2014-13, § 1, 10-21-14)