During times of public crises resulting from disaster, enemy attack, rioting, catastrophe, or other public emergency within the City or reasonable apprehension thereof, the Mayor, or in his absence the Mayor pro tem, may proclaim a state of emergency upon his own volition; provided, that prior to such proclamation, the Mayor or Mayor pro tem shall find that because of disaster, enemy attack, rioting, catastrophe, or other public emergency:
A. The public peace and safety are imperiled;
B. Human life and property are endangered by such emergency conditions; or
C. The normal and ordinary processes of the local government are inadequate to safeguard the public peace and safety and the lives and property of the citizens of the City.
(Code 1982; K.S.A. 48-932)
Upon proclamation of a state of emergency, the Mayor or Mayor pro tem shall designate the boundaries of the affected area within the City if the entire City is not found to be in a State of Emergency.
Rules and regulations relating to emergency measures shall be promulgated as follows:
A. Following his proclamation of a State of Emergency, the Mayor or Mayor pro tem may promulgate such reasonable orders, rules and regulations as s/he deems necessary to protect life and property, or to bring the emergency situation within the affected area under control, including, but not limited to:
1. Rules and regulations providing for the control of traffic, including public and private transportation, within the affected area or any section thereof.
2. Designation of specific zones within the affected area within which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated.
3. Control of places of amusement and assembly and of persons on public streets and thoroughfares.
4. Establishment of curfews.
5. Control of the sale, transportation and use of alcoholic and cereal malt beverages.
6. Control of the possession, sale, carrying and use of firearms, other dangerous weapons, explosives, ammunition and inflammable materials deemed to be dangerous to public safety.
B. Such orders, rules and regulations shall be effective from the time and in the manner prescribed in such orders, rules and regulations and shall be made public as provided therein.
C. Such orders, rules and regulations may be amended, modified or rescinded from time to time by the Mayor or Mayor pro tem during the pendency of the State of Emergency, but shall cease to be in effect upon declaration of the Mayor or Mayor pro tem that the emergency no longer exists.
(Code 1982; K.S.A. 48-904 et seq.)
Any person who shall willfully fail or refuse to comply with the orders of the duly authorized law enforcement officers or other personnel charged with the responsibility of enforcing orders, rules or regulations promulgated as authorized in this article shall be guilty of a Class B Misdemeanor.
The provisions of this article shall control and be supreme if it shall be employed, notwithstanding any Charter Ordinance or other ordinance provision to the contrary.