§ 2-427. Emergency powers to be exercised with specificity.

(a)

Exercise of powers authorized by this section. The Mayor may exercise an emergency power authorized by this section only pursuant to an order providing reasonable notice of the specific conduct that will be required or prohibited pursuant to the exercise of that power.

(b)

Exceptions. In invoking any emergency power authorized by this section, the Mayor may provide exceptions for certain activities, which may include any or all of the following: (i) compliance or assistance with an evacuation order; (ii) travel to a designated emergency shelter; (iii) provision of designated, essential services, such as fire, police, or utility repair; (iv) provision of medical services, including the transportation of patients to a health care facility and emergency calls by physicians; and (v) travel for the purpose of obtaining goods or services necessary to sustain the well-being of a person or that person's family or household.

(c)

Sale, dispensing, or transportation of items. The Mayor may prohibit or regulate the sale, dispensing, or transportation of any or all of the following items: alcoholic beverages, explosives, or combustibles.

(d)

Curfews. The Mayor may establish a curfew prohibiting pedestrians and vehicles from using any public roadway or other public property in the City. Such prohibition may be limited to certain areas or times of day, but regardless of the scope and duration, such curfew applies to any movement, standing, or parking during the time it is in effect.

(e)

Areas off limits. The Mayor may declare certain areas off limits.

(f)

Use of fresh water. The Mayor may limit the use of fresh water supplied by the City to specific times or for specific purposes, including cooking, drinking, or bathing.

(g)

Price gouging. The Mayor may prohibit any person form charging more than the average retail price for any merchandise, goods, or services sold in the City during the state of emergency. For purposes of this subsection, "average retail price" means the higher of the following: (i) the average price at which similar merchandise, goods, or services were sold during the 90 days preceding the state of emergency or (ii) the average wholesale cost plus the mark-up percentage that was charged for similar merchandise, goods, or services during the 90 days preceding the state of emergency.

(Ord. No. 329-H, § 2(b), 6-14-2018)

Editor's note

Ord. No. 329-H, § 2(b), adopted June 14, 2018, amended § 2-427 in its entirety. Former § 2-427 pertained to waiver of procedures and formalities during emergency and derived from the Code of 1992; Ord. No. 197-G, adopted May 11, 1995; Ord. No. 944-G, adopted September 3, 2009.