[HISTORY: Adopted by the Common Council of the City of Middletown 2-8-1978 as Ch. 6 of the 1978 Code; amended 9-7-1982. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CIVIL EMERGENCY
- A riot 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 such force by three or more persons acting together without authority of law.
- A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to said civil emergency.
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.
After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the City or to the City as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of public safety and welfare.
After proclamation of a civil emergency, the Mayor may also in the interest of public safety and welfare make any or all of the following orders:
Order the closing of all retail liquor establishments and of all private clubs.
Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition.
Issue such other orders as are imminently necessary for the protection of life and property.
During the period of a declared state of emergency the Mayor shall have the power to invoke any or all of the following provisions:
Alcoholic beverages. No person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.
Weapons. No person shall carry or possess any rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the persons or property of another.
Incendiary missiles. No person shall make, carry, possess or use any type of "Molotov cocktail," gasoline or petroleum base fire bomb or other incendiary missile.
Restricted areas. No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or his duly designated representative, or such person shall prove residence therein.