Town of Smithsburg, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg 2-3-2004 as Ch. 11, Title 3, of the 2004 Code. Amendments noted where applicable.]

§ 29-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CIVIL EMERGENCY
Includes riots, disorderly demonstrations or unlawful assembly, characterized by the use of actual force or violence or any threat to use force, if accompanied by immediate power to execute the same by two or more persons acting together without authority of law, or any natural disaster, including flood, conflagration, cyclone, earthquake, snow emergency, snowstorm or tornado. This shall also include any man-made calamity such as explosions or complete electrical blackout resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public safety and welfare.
CURFEW
A prohibition against any person or persons walking, running, loitering, standing, remaining or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Town, excepting persons officially designated to duty with regards to civil emergencies.

§ 29-2 Declaration of civil emergency. [1]

A. 
When, in the judgment of the Mayor, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim, in writing, the existence of the same.
B. 
After the proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the Town or to the Town as a whole and during such hours of the day or night as he may deem necessary in the interest of the public safety and welfare.
C. 
Should the Mayor deem it necessary to invoke any or all of the provisions of this section, he shall give notice thereof by means of a written proclamation publicly posted in the Town Hall and issued to the news media for immediate dissemination to the public.
D. 
Any person violating the provisions of this chapter or an executive order issued pursuant thereto shall be guilty of a misdemeanor, punishable as provided in § 1-6A of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 29-3 Emergency orders. [1]

After a proclamation of a civil emergency as aforesaid, the Mayor may also, in the interest of public safety and welfare, issue any or all of the following orders:
A. 
The closing of all retail liquor stores;
B. 
The closing of all beer taverns;
C. 
The closing of all private clubs or such portions thereof within which the consumption of intoxicating liquor or beer is permitted;
D. 
The discontinuance of the sale of beer;
E. 
The discontinuance of selling, distributing, or dispensing of gasoline or any other flammable or combustible liquid products in any container other than a gasoline tank properly affixed to a motor vehicle;
F. 
The closing of gasoline stations and other establishments, the chief activity of which is the selling, distributing, or dispensing of flammable or combustible liquid products;
G. 
The discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition;
H. 
The closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, or dispensing of firearms or ammunition;
I. 
The temporary closing of any streets, alleys and other public ways in the Town; and
J. 
Any and all such other orders as are deemed necessary for the protection of life and property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).