HomeMy WebLinkAbout2008-06-11 OrdinancePrepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa Cily, IA 52240; 319-356-5030
ORDINANCE NO. 08-4306
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 1, ENTITLED "CIVIL
EMERGENCIES" TO AUTHORIZE THE MAYOR TO MANDATE EVACUATION IN THE EVENT A CIVIL
EMERGENCY IS PROCLAIMED.
WHEREAS, City Code section 8-1-2 authorizes the Mayor to proclaim a civil emergency and to impose a
curfew in such an event. This Code does not, however, authorize the Mayor to mandate evacuation of all or any
part of the City of Iowa City in the event a civil emergency is proclaimed; and
WHEREAS, the City desires to authorize the Mayor to mandate evacuation of all or parts of the population
of Iowa City and to take all extraordinary measures for the preservation of life or other disaster mitigation,
response or recovery; and
WHEREAS, it is the in public's interest to so authorize the Mayor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 1, entitled "Civil Emergencies," Section 2, entitled
"Proclamation; Curfew Imposed," is hereby repealed and the following is substituted in lieu thereof:
8-1-2 Proclamations; Curfew; Evacuation
A. Proclamation by Mayor: When, in the judgment of the mayor, a civil emergency, as defined herein, is deemed
to exist, the mayor shall forthwith proclaim, in writing, the existence of same.
B. Imposition of Curfew: After proclamation of a civil emergency by the mayor, the mayor may order a general
curfew applicable to such geographical areas of the city or to the city as a whole as the mayor deems advisable
and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public
safety and welfare.
C. Mandatory Evacuation: After proclamation of a civil emergency by the mayor, the mayor may mandate that all
or any part of the City of Iowa City be evacuated as the mayor deems advisable and applicable for the
preservation of life or other disaster mitigation, response or recovery.
D. Extraordinary Measures: After proclamation of a civil emergency by the mayor, the mayor may order that any
other extraordinary measures be taken for the preservation of life or other disaster mitigation, response or
recovery.
E. Violation of Order: The violation of a curfew order, evacuation order or other order regarding extraordinary
measures issued by the mayor hereunder or any directive or order issued pursuant thereto by any peace officer
shall be unlawful and shall be punishable as a simple misdemeanor as provided by Section 1-4-1(B) of the City
Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Pas;gd and approve this 11th day of June , 2008.
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Ap ved by
City Attorney's Office
Ordinance No. 08-4306
Page ~_
It was moved by Correia and seconded by o' Donnell that the
Ordinance as read.be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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X
x
x
x
x
First Consideration
Vote for passage:
Second Consideration _
Vote for passage:
Date published 6/13/2008
Moved by Correia, seconded by Wright, that the rule requiring ordinances to be considered
and voted on for final passage at two Council meetings prior to the meeting at which it is
to be finally passed be suspended, the first and second consideration and vote be waived,
and the ordinance be finally passed at this time. AYES: Bailey, Correia, Hayek, O'Donnell,
Wilburn, Wright. NAYS: None. ABSENT: Champion.
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright