Fresno's Emergency Declaration allows halt to gun sales, alcohol sales, other broad powers
The City of Fresno has now declared a "state of emergency", and doing so grants the city wide-ranging powers under its "Emergency Services Ordinance".
Fox26 News asked for and got a copy of the full ordinance. Among other things, after an emergency declaration, it allows the city to:
1. Suspend the sale of firearms and ammo.
2. Suspend the sale of alcohol.
3. Order a general curfew.
4. Order the closing of all taverns.
5. Order a price or rate freeze on consumer goods and on hotels if lodging is limited.
7. Order a halt to gasoline sales, except as fuel pumped into vehicles' gasoline tanks.
8. Order the closing of any business where crowds "tend to gather", including theaters, amusement areas, gyms, stadiums, etc.
Fox26 News reached out to the City Government to ask if the ordinance has been challenged in court, or if it has survived a legal challenge. Nobody was available to comment at the time of this writing. We will continue to ask for comment.
Here is a full text of the powers granted from the city's "Emergency Services Ordinance" :
ARTICLE 5 - EMERGENCY SERVICES ORDINANCE
SEC. 2-501. - TITLE AND PURPOSE.
This article shall be known as the Emergency Services Ordinance of the City of Fresno. Its purpose is to implement and complement the California Emergency Services Act (Chapter 7, Division 1, Title 2 of the Government Code, Section 8550, et seq.), and shall be liberally construed to effect the purposes thereof.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-502. - DEFINITIONS.
(a) Civil Defense or Emergency Services means the preparation for and carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters or emergencies.
(b) Disaster or Emergency shall mean any extraordinary air pollution, fire, flood, riot, storm, epidemic, earthquake, sudden and severe energy shortage or the threat thereof, or any actual or threatened enemy attack or sabotage, which causes or threatens to cause long term health issues, or loss of life or property and in which occurrences the responsibility devolves upon the regularly constituted authorities for the maintenance of public peace and order and the preservation of life and property. It shall not include any conditions resulting from a labor controversy. When proclaimed, as provided by this article, a disaster or emergency shall also mean "local emergency," within the meaning of the California Emergency Services Act.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-503. - DECLARATION OF EMERGENCY.
(a) The Mayor, or in his or her absence, the Council President, or in the absence of both the Mayor and Council President, the City Manager may request the Council of the City of Fresno to proclaim the existence or threatened existence of a disaster or emergency and the termination thereof, if said Council is in session, or to issue such proclamation if said Council is not in session, subject to confirmation by said Council at the earliest practicable time;
(b) The Mayor, or in his or her absence, the Council President, or in the absence of both the Mayor and Council President, the City Manager may request the Governor to proclaim a state of emergency in the City or in an area in and around the City, when in the opinion of the Director the prevailing conditions are such that they are or are likely to become beyond the control of the services, personnel, equipment, and facilities of the City or the City in combination with any other local agency available to meet the emergency.
(Added Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-504. - EMERGENCY SERVICES COUNCIL.
The Council of the City of Fresno shall serve as the Emergency Services Council for the City of Fresno. The Emergency Services Council shall be a disaster council as described in Article 10, Section 8610 of the Government Code, upon proper certification. The Council shall provide for continuity of government to ensure the proper performance of its duties as the Emergency Services Council and may reconstruct itself pursuant to Government Code Section 8643. Vacancies filled in such manner shall be for the sole purpose of serving as Emergency Service Council and only until vacancies are filled as required by the Charter.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-505. - EMERGENCY SERVICES ORGANIZATION.
The City of Fresno Office of Emergency Services is hereby created and shall consist of the following:
(a) The City Manager, who shall be Director of Emergency Services pursuant to Section 2-506 of this article. If the City Manager is unavailable, as defined herein, an Assistant City Manager shall assume the powers and duties of the City Manager as Director of Emergency Services.
(b) Fire Chief, who shall be assistant Director of Emergency Services. In addition, Assistant directors, designated by the City Manager in successive order, who shall be Assistant City Managers and/or City Department Directors. In the absence of, or at the direction of, the Director and Assistant Director, the first available succeeding Assistant Director shall act on all matters within the purview of this article.
(c) The City of Fresno Emergency Preparedness Officer shall be the Emergency Services Coordinator, who shall have the responsibility to:
(1) Coordinate the City's Emergency Services Program in accordance with applicable State and Federal guidelines;
(2) Coordinate the development of the City's Emergency Operations Plan;
(3) Provide advisory assistance to responsible City departments concerning assigned operations during emergency situations; and
(4) Interact with the news media, the medical community, other public agencies, and the general public to promote disaster preparedness and mitigation activities.
(d) Such directors, heads, and chiefs of operating City departments, divisions, sections, or services as may be directed or required to render services connected with Emergency Services.
(e) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official group or organization Emergency Service responsibility as may be appointed by the Director with the advice and consent or ratification of the Emergency Services Council.
(f) All officers and employees of this City, together with those volunteer forces enrolled to aid them during a disaster or emergency, and all groups, organizations, and persons, pressed into service under the provisions of this article, who by agreement or operation of law may be charged with duties incident to the protection of life and property in this City during a disaster or emergency.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 87-8, 1, eff. 2-13-87; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-506. - POWERS AND DUTIES OF DIRECTOR OF EMERGENCY SERVICES DURING DISASTER, EMERGENCY OR STATE OF EMERGENCY.
In the event of the proclamation of a disaster or emergency as herein provided or by the proclamation of a state of emergency by the Governor or the State Director of Emergency Services, the Director is hereby empowered to:
(a) Control and direct the effort and personnel of the Emergency Services Organization of this City for the accomplishment of the purposes of this article and to make and issue rules and regulations on matters reasonably related to the protection of life and property of the public;
(b) Direct coordination and cooperation between divisions, services, and staff of the Emergency Services Organization of this City, and to resolve questions of authority and responsibility that may arise between them;
(c) Request, contract for, receive, and implement State and Federal aid of all types, including measures available under California Emergency Services Act relating to disaster preparedness and relief;
(d) Order the opening or closing of any building or premises owned or controlled by the City, as in his discretion he may determine to be in the public interest;
(e) The powers granted under subsection (d) above may be so exercised as to any public building or premises when the agency in control thereof requests or allows such action;
(f) Establish at some central, safe, and enclosed place in this City, a room or rooms, which shall be in use in times of imminent public danger as the center from which the Emergency Services Organization shall be directed and coordinated. The Director shall establish one or more alternate control centers for use in case the primary control center is damaged, destroyed, or otherwise unusable;
(g) Designate, and have marked, as necessary, highway evacuation routes for use in connection with regional and state disaster plans;
(h) Represent the Emergency Services Organization of this City in all dealings with public or private agencies pertaining to disaster or emergency services.
(i) Make and issue rules, regulations, and proclamations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, proclamations must be confirmed at the earliest practicable time by the Emergency Services Council;
(j) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property of the people, and bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use. Any expenditures made in such connection with emergency service activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City;
(k) Command the aid of as many citizens of this community as he or she thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency service worker volunteers;
(l) Require emergency service of any City officer or employee and require any City officer or employee to remain available on a standby basis, for regular and emergency service, but without compensation for remaining so available, notwithstanding any salary resolution or other form of ordinance to the contrary;
(m) Order a general curfew applicable to such geographical areas of the City or to the City as a whole, as he or she deems advisable and applicable during such hours of the day or night as he or she deems necessary in the interest of the public safety and welfare, and reasonably calculated to avoid damage or injuries to persons, property, or the public peace; the curfew is defined as, and shall be when so declared, a prohibition against any person or persons being or remaining in any alley, street, highway, public property or vacant premises within the curfew area;
(n) Make in the interest of public safety and welfare any or all of the following orders:
(1) Order the closing of all retail liquor stores;
(2) Order the closing of all beer taverns;
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted;
(4) Order the discontinuance of the sale of beer and liquor;
(5) Order the discontinuance of selling, distributing, or giving away gasoline or other flammable liquid, flammable or combustible products in any container, other than a gasoline tank properly affixed to a motor vehicle;
(6) Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution, or giving away of firearms, ammunition, or explosives of any character whatsoever;
(7) Order the discontinuance of selling, distributing, dispensing, or giving away of firearms, ammunition or explosive of any character whatsoever;
(8) Order the closing of any and all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms or ammunition;
(9) Order the closing of any and all establishments and premises where crowds gather or tend to gather, including, but not limited to, theaters, stadiums, dance halls, gymnasiums, amusement areas, etc.;
(10) Issue other orders relating to the closing of businesses or areas or portions thereof or restricting the activity of similar establishments, which might be special targets of, or supply depots for, unruly persons; and
(11) Order a price or rate freeze on consumer goods or lodging facilities which may have limited availability as a result of an emergency or disaster situation; and
(o) Execute all ordinary powers as City Manager, all of the special powers conferred by this article or by resolution adopted pursuant thereto, all powers conferred by the Charter, any statute, ordinance, or agreement approved by the Council for the City of Fresno, or by any other lawful authority to exercise complete authority over the city and to exercise all police power vested in the city by the Charter.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 87-8, 2, eff. 2-13-87; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-507. - DEPARTMENTS, DIVISIONS, SERVICES, AND STAFF OF THE EMERGENCY SERVICES ORGANIZATION.
The functions, powers, and duties of the Fresno Emergency Services Organization shall be distributed among such departments, divisions, services, and special staff as the Director may prescribe subject to the approval of the Emergency Services Council by resolution. Insofar as possible, the form of organization, titles, and terminology shall conform to recommendations of the federal government and the Emergency Services agency of the State of California.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-508. - SUSPENSION OF CERTAIN REGULATIONS DURING ALARM PERIOD.
The provisions of every law of this city and every administrative order made pursuant thereto, requiring any illumination (lighting) to be maintained in conflict with this article or with any rule or regulation made pursuant to this article, shall be deemed suspended during the period when any civil defense or emergency services warning signal is in effect requiring the blacking out or darkening of the city or any part thereof.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-509. - VOLUNTEERS.
All persons, other than officers and employees of the city, volunteering services pursuant to provisions of this article, shall serve without compensation from the city. While engaged in such services, they shall have and enjoy the same immunities as officers and employees of the city performing similar duties. Volunteer registration shall be in compliance with current State Disaster Service Worker Program guidelines.
(Rep. and Added Ord. 68-56, 1968; based on former Sec. 2-2708; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Added Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-510. - CLOSING OF PUBLIC WAYS.
A proclamation made pursuant to this article shall constitute a calamity under Penal Code Section 409.5 and be authority for the Chief of Police to take the steps therein provided and authorized and pursuant to authority of this article.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Added Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-511. - GENERAL PROVISIONS.
The following general provisions apply to proclamations, rules and orders made pursuant to the foregoing sections of this article.
(a) Any proclamation or order promulgated pursuant to the authority conferred by this article shall be in force and effect from the time of promulgation and until amended or repealed by the Director, or Assistant Director, or until repealed by the Council.
(b) Any conditions or activities conducted or maintained contrary to the proclamation or orders are public nuisances.
(c) All proclamations and orders, other than the closing of public ways under Section 2-510 shall be in writing and shall be available for public inspection at the place and during the hours fixed by the Director.
(d) Persons going to or coming from or attending to any public utility, health or disaster or emergency service, or duly authorized by any news service, newspaper, radio, television, or network to gather or report the news, shall not be subject to any curfew ordered under this article.
(e) This article shall not be construed so as to conflict with any state or federal statute, regulation, or order relating to conditions in the city during the effectiveness of said proclamations or orders.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
SEC. 2-512. - PUNISHMENT OF VIOLATIONS.
It shall be a misdemeanor for any person during a disaster/or emergency:
(a) Willfully to obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule, proclamation, or regulation issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article;
(b) To do any act forbidden by any lawful rules or regulations issued or curfew ordered pursuant to this article, or,
(c) To wear, carry, or display, without authority, any means of identification specified by the emergency services agency of the State of California or the City of Fresno.
(Rep. and Added Ord. 68-56, 1968; Rep. and Added Ord. 72-157, 1972; Am. Ord. 2005-9, 1, eff. 3-19-05; Am. Ord. 2007-55, 4, eff. 9-4-07).
