§ 8-23. Proclamation imposing prohibitions and restrictions.

(a)

Generally. The mayor by proclamation may impose the prohibitions and restrictions specified in subsections (a) through (f) of this section in the manner described therein. The mayor may impose as many of those specified prohibitions and restrictions as he finds are necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety, and property. The mayor shall recite his findings in the proclamation. The proclamation shall be in writing. The mayor shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the town hall. The mayor shall retain a text of the proclamation and furnish upon request certified copies of it for use as evidence. A copy shall also forthwith be published in a newspaper having general circulation in the town a minimum of one time and such other times as the mayor may deem appropriate; provided, however, the proclamation of emergency shall take effect immediately upon the posting with the town hall.

(b)

Curfew. A curfew may be imposed as follows:

(1)

The proclamation may impose a curfew prohibiting in certain areas during certain periods the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area or areas and the period during each 24-hour day to which the curfew applies. The mayor may exempt from some or all of the curfew restriction classes of people whose exemption the mayor finds necessary for the preservation of the public health, safety, and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted.

(2)

Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the mayor by proclamation removes the curfew.

(c)

Restrictions on possession, consumption, or transfer of intoxicating liquor. The proclamation may prohibit the possession or consumption of any intoxicating liquor, including beer and wine, other than on one's own premises, and may prohibit the transfer, transportation, sale, or purchase of any intoxicating liquor within the town or area of the town described in the proclamation. The prohibition, if imposed, may apply to transfers of intoxicating liquor by employees of alcoholic beverage control stores as well as by anyone else within the geographic area described.

(d)

Restrictions on possession, transportation, and transfer of dangerous weapons and substances.

(1)

The proclamation may prohibit the transportation or possession off one's own premises, or the sale or purchase of any dangerous weapon or substance. The mayor may exempt from some or all of the restrictions classes of people whose possession, transfer, or transportation of certain dangerous weapons or substances is necessary to the preservation of the public health, safety, or welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted.

(2)

For the purposes of this section, the term "dangerous weapon or substance" means:

a.

Any deadly weapon, ammunition, incendiary device, explosive, gasoline, or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property.

b.

Any other instrument or substance that is capable of being used to inflict serious bodily injury or destruction of property, when the circumstances indicate that there is some probability that such instrument or substance will be so destructively used.

c.

Any part or ingredient in any instrument or substance included in subsection (d)(2)a and b of this section.

(3)

If imposed, the restrictions shall apply throughout the jurisdiction of the town or such part thereof as designated in the proclamation.

(e)

Restrictions on access to areas.

(1)

The proclamation may prohibit obtaining access or attempting to obtain access to any area designated in the manner described in this section in violation of an order, clearly posted notice, or barricade indicating that access is denied or restricted.

(2)

Areas to which access is denied or restricted shall be designated by the chief of police and his subordinates when directed in the proclamation to do so by the mayor. When acting under this authority, the chief of police and his subordinates may restrict or deny access to any area, street, highway or location within the town if that restriction or denial of access or use is reasonably necessary to promote efforts being made to overcome the emergency or to prevent further aggravation of the emergency.

(f)

Other restrictions. The proclamation may prohibit or restrict:

(1)

The movements of people in public places.

(2)

The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.

(3)

Other activities or conditions, the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency, within the area designated in the proclamation.

(g)

Regulations to prohibit price gouging. The proclamation may impose regulations relating to the sales price of goods and the cost of services to prevent "price gouging."

(1)

The term "price gouging," as it relates to the sales price of goods, is defined as the sale of goods in excess of the manufacturer's suggested retail price or at a price above the pre-emergency level, unless the merchant can document purchase of the goods at a increased cost.

(2)

The term "price gouging," as it relates to the cost of services, is defined as the providing of such services at a cost greater than that customarily charged for such services in a nonemergency situation, unless the contractor can document special circumstances or expenses justifying a higher cost.

Any restrictions imposed under this subsection shall extend for a period of 90 days following the date of the declaration of the state of emergency unless sooner terminated or extended by subsequent proclamation or resolution.

(Code 1979, § 3-3002; Code 1990, § 5-27; Ord. No. 00-006, § 1, 7-12-2000)