No. 2009 - 14 TOWN OF EDISTO BEACH AN ORDINANCE TO ENACT CHAPTER 7 OF THE TOWN CODE ENTITLED NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Edisto Beach, South Carolina, in council duly assembled, that the following is enacted as Chapter 7 entitled “State of Emergency”: Sec. 7-10. State of emergency; when deemed to exist. A state of emergency shall be deemed to exist within the town whenever, during times of hurricane, flood, earthquake or other disaster, rioting, civil disturbance, catastrophe or for any other reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property. Sec. 7-20. Declaration; imposition of curfew. In the event of a state of emergency threatening or endangering lives, safety, health and welfare of the people within the town of threatening damage to or destruction of property, the mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order more effectively to protect the lives, safety and property of people within the town, to define and impose an evacuation or curfew applicable to all persons within the jurisdiction of the town. Sec. 7-30. Limitations. The mayor is hereby authorized and empowered to limit the application of such evacuation or curfew to any area specifically designated and described within the jurisdiction of the town and to specific hours of the day or night; and to exempt from the evacuation or curfew policemen, firemen, doctors, nurses, and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the town. Sec. 7-40. Effect of state of emergency declaration. Effective immediately upon the declaration by the mayor that a state of emergency exists within the town pursuant to section 7-7-20, or, in the event that the mayor is absent or incapacitated, upon such declaration by the mayor pro tempore, or, in the event that both are absent or incapacitated, upon the declaration of a state of emergency for the Town of Edisto Beach by the governor of the State of South Carolina, there shall be established within the emergency area a temporary moratorium on the construction or reconstruction of any building or other structure, except for such necessary activity as may be undertaken by an individual property owner for the purpose of temporarily protecting the health and safety of his family or preventing further loss to the value of his property, and on the issuance of any development, building or other such town permits, until such time as the state of emergency has been terminated pursuant to section 7-70. This moratorium shall terminate forty-five (45) days from the date of such declaration unless extended by the town council. Sec. 7-50. Town council to meet. The town council shall be called into session within twelve (12) hours after a state of emergency has been proclaimed by the mayor pursuant to the provisions of this article. Sec. 7-60. Prohibited acts. During the existence of a proclaimed state of emergency when an evacuation or curfew has been defined and imposed under the provisions of this chapter, it shall be unlawful for anyone subject to the emergency: (1) To remain in an area, which has been designated for evacuation; (2) To be or travel upon any street or roadway or upon public property unless such travel is necessary to obtain medical assistance or to carry out the orders of the mandated emergency; (3) To possess, buy, sell, give away or otherwise transfer or dispose of any explosives, firearms, ammunition or dangerous weapon of any kind, off one's own premises; (4) To sell beer, wines or intoxicating beverages of any kind; or to possess or consume the same off one's own premises; or (5) To sell gasoline or any other similar petroleum products or any other combustible or inflammable substances except as expressly authorized by the provisions of the order imposed. Sec. 7-70. Termination of state of emergency. The mayor shall proclaim the end of any state of emergency proclaimed under the provisions of this chapter as soon as circumstances warrant or when directed to do so by the town council. Sec. 7-80. Violation; misdemeanor. This ordinance shall take effect upon final reading. ATTEST: Final Reading: June 11, 2009 Iris Hill, Admininstrator |
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