§ 21-205. Emergency management powers of the board of county commissioners or the individuals named herein if there is not a quorum of the board of county commissioners to act.

(a)

Upon declaration of a state of local emergency, the board of county commissioners or the individuals named herein if there is not a quorum of the board of county commissioners to act, in consultation with key officials, shall have the power and authority to direct and compel the evacuation of all or part of the population from a stricken or threatened area within the county if it is deemed this action necessary for the preservation of life or other emergency mitigation, response, or recovery.

(b)

During the existence of a state of local emergency, the board of county commissioners or the individuals named herein if there is not a quorum of the board to act, shall have the power and authority to impose by order, restrictions including, but not limited to, the following:

(1)

Prohibit or regulate the purchase, sale, transfer, or possession of explosives, combustibles, dangerous weapons of any kind, or alcoholic beverages;

(2)

Prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any public right-of-way or upon any public property;

(3)

Prohibit or regulate any sale or use of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances, but may allow the delivery of such into a tank properly affixed to an operable motor vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof;

(4)

Prohibit or regulate the possession of any portable container containing gasoline or other flammable or combustible liquid.

(5)

Prohibit or regulate the participation in or carrying on of any business, activity, and the keeping open of places of business, places of entertainment, and any other place of public assembly when such activities may negatively impact public health, safety and welfare.

(6)

Prohibit or regulate travel upon any public street or highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service necessary to sustain the well being of themselves or their families may be exempted from such prohibition or regulation;

(7)

A curfew upon all or any portion of the county prohibiting persons from being on public streets, highways, parks or other public places during the hours the curfew is in effect;

(8)

Prohibit state and/or local business licensees, vendors, merchants and any other person operating a retail business from charging more than the normal average retail price for any goods, materials or services sold during a declared state of local emergency. The "average retail price," as used herein, is defined as that price at which similar goods, materials or services were being sold during the ninety (90) days immediately preceding the declared state of local emergency. If the wholesale price or the cost of obtaining the goods, materials or services has increased as a direct result of the local emergency, the average retail price may be increased, but only to the degree that the maximum increase in retail price shall be less than or equal to the amount representative of the average mark-up between the wholesale and average retail price for any goods, materials or services during the ninety-day period immediately preceding the declared state of local emergency.

(9)

Prohibit any person, firm, or corporation from using the fresh water supplied by public water systems for any purpose other than cooking, drinking or bathing.

(c)

The executive order of the board of county commissioners or the individuals named herein if there is not a quorum of the board to act may exempt, from all or part of such restrictions, physicians, nurses and ambulance operators performing medical services; on-duty employees of hospitals and other medical facilities; on-duty military personnel; bona fide members of the news media; personnel of public utilities maintaining essential public services; county-authorized and requested firemen, law enforcement officials and personnel; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to protect the public health, safety, and welfare.

(Ord. No. 97-07, § 5, 5-6-97; Ord. No. 2014-3, § 2, 2-11-14)