§ 26-34. Limitations and orders authorized after proclamation of disaster; emergency powers.

(a)

After the proclamation of a disaster, the mayor or, in his absence from the city, the chief of the police may also, in the interest of public safety and welfare, make any or all of the following additional limitations and orders:

(1)

Order the closing of all retail liquor stores.

(2)

Order the closing of all taverns.

(3)

Order the closing of all private clubs, or portions thereof, wherein the consumption of intoxicating liquor and/or beer is permitted.

(4)

Order the discontinuance of the sale and dispensing of all intoxicating beverages.

(5)

Order the discontinuance of selling, distributing 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)

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)

Order the discontinuance of selling, distributing, dispensing or giving away of firearms and/or ammunition.

(8)

Issue such other orders as are imminently necessary for the protection of life, limb and property.

(b)

During the period of a declared state of emergency, the mayor shall have the power to invoke any and all of the following:

(1)

Alcoholic beverages. No person shall consume any alcoholic beverage in a public street or place which is publicly owned, or in any motor vehicle driven or parked thereon which is within a duly restricted designated area.

(2)

Weapons. No person shall carry or possess any rock, bottle, club, brick or weapon, who uses, or intends to use, the rock, bottle, club, brick or weapon against the person or property of another.

(3)

Incendiary missiles. No person shall make, carry, possess or use any type of molotov cocktail, gasoline or petroleum based fire bomb or other incendiary missile.

(4)

Restricted areas. No person shall enter any area designated by the mayor as a restricted area unless in the performance of an official duty, or with the written permission of the mayor or his duly designated representative, or such person shall prove residence therein.

(c)

No person shall fail to comply with any order issued pursuant to subsection (a)(1) or (6) of this section.

(Code 1974, § 1-61(e), (f))

State law reference

Local emergency restrictions on sale of firearms, IC 35-47-11-6; unlawful assembly, IC 35-45-1-2; riot, IC 35-45-1-3.