Chapter 21

 EMERGENCY PREPAREDNESS

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 11-9-1978 as Ord. No. 139. Amendments noted where applicable.]

~ 21-1. Powers of Mayor.

  The Mayor is empowered and authorized, whenever he finds that the city or any part thereof is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will generally, seriously and substantially endanger the lives, safety, health or property of the public, to proclaim or declare a state of emergency and to do all things necessary to place in effect any or all of the following measures throughout the city or any part thereof:

     A.     Prohibit or limit to five (5) or more the number of persons who assemble or gather in a group on public streets, parks or other open areas, either public or private, except for recreational purposes at a usual or customary place.

     B.     Prohibit the sale, transfer, possession or use of gasoline, kerosene or combustible, inflammable or explosive liquids or materials in containers of any kind.

     C.     Establish a curfew, and to prohibit any person from being on the public streets, in public parks or in any other public place during the hours declared by the Mayor to be a period of curfew, except for those persons who are caused to be in places by reason of their employment or a private emergency involving health, safety or protection of property.

     D.     Halt or restrict access or egress, on foot or by vehicle upon public highways to or from the city or any part thereof, and to halt or restrict the movement of trains, automobiles, buses, trucks or other vehicles into, within or from the town.

     E.     Require the closing of taprooms and bars, and prohibit the sale or service of alcoholic beverages in any taproom, bar, hotel, restaurant, club or other establishment.

     F.     Prohibit the possession of firearms or any other deadly weapon by a person in a place other than that person's place of residence or business. The provisions of this subsection shall not apply to members of the Armed Forces of the United States of America, the Delaware National Guard or any law enforcement officers.

~ 21-2. Duration of declaration of emergency.

  The state of emergency declared by the Mayor shall exist for the period set forth in the proclamation or declaration, but not in excess of sixty-one (61) days. The Mayor may terminate the state of emergency or modify its provisions prior to the time set forth in his declaration or proclamation.

~ 21-3. Violations and penalties.

  Any person who violates any prohibition established by the Mayor in a declaration of a state of emergency under the authority of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not exceeding two thousand dollars ($2,000.) or confinement in jail not exceeding six (6) months, either or both. Each day any violation of this chapter shall continue shall constitute a separate offense.