Athens City Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Civil emergency means:

1. (1) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three or more persons acting together without authority of law.
2. (2) Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake, or explosion within the geographic limits of the city, 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 health, safety, and welfare.
3. (3) The destruction of property or the death or injury of persons brought about by the deliberate acts of one or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof.

Curfew means a prohibition against any person walking, running, loitering, standing, or motoring upon any alley, street, highway, public property, or vacant premises within the corporate limits of the city, except persons officially designated to duty with reference to the civil emergency or those lawfully on the streets as defined hereinafter.

(Code 1972, § 1-1301; Code 1995, § 20-401)

When, in the judgment of the mayor or, in his absence from the city, the vice-mayor, a civil emergency as defined in ACC 24-19 is deemed to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the city manager or finance director.

(Code 1972, § 1-1302; Code 1995, § 20-402)

After proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographic 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 the public safety and welfare. The proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the mayor, but not to exceed 15 days.

(Code 1972, § 1-1303; Code 1995, § 20-403)

After the proclamation of a civil emergency, the mayor may, at his discretion, in the interest of public safety and welfare, make any of the following orders:

1. (1) Order the closing of all retail liquor stores.
2. (2) Order the closing of all establishments wherein beer or alcoholic beverages are served.
3. (3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted.
4. (4) Order the discontinuance of the sale of beer.
5. (5) Order the discontinuance of selling, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
6. (6) 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.
7. (7) Order the discontinuance of selling, distributing, dispensing, or giving away of any firearms or ammunition of any character whatsoever.
8. (8) 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.
9. (9) Issue such other orders as are necessary for the protection of life and property.

(Code 1972, § 1-1304; Code 1995, § 20-404)

Any person violating the provisions of this chapter or any executive order issued pursuant hereto shall be guilty of a civil offense and shall be punishable under ACC 1-13.

(Code 1972, § 1-1305; Code 1995, § 20-405)

It is the intent of the city council not to limit peaceful demonstrations, freedom of speech, or the lawful use of the streets, alleys, and public property, except to the extent necessary to avert or control a civil emergency.

(Code 1972, § 1-1306; Code 1995, § 20-406)