§ 23-2.1. Curfews after declarations of emergency.
(a)
Pursuant to the police powers granted to the city by Code of Virginia, § 15.2-1102, and in the interest of promoting public safety, the city manager or his designee is hereby authorized to impose a curfew after the declaration of an emergency, in accordance with the provisions of this section.
(b)
As used in this section:
(1)
"Curfew" means an order issued by the city manager prohibiting persons from being present on any street, road, alley, avenue, park or other public place in the city or any portion thereof designated by the city manager during specified times of the day or night;
(2)
"City manager" means the city manager or his designee;
(3)
"Natural disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire or other natural catastrophe resulting in damage, hardship, suffering or possible loss of life; and
(4)
"Manmade disaster" means any condition following an attack by an enemy or foreign nation upon the City of Virginia Beach that results in substantial damage of property or injury to persons in the United States, and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; any industrial, nuclear or transportation accident, explosion, conflagration, power failure, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship or loss of life.
(c)
The city manager may declare a curfew if he deems such action necessary for the preservation of life or property, the implementation of emergency mitigation, preparedness, response actions or recovery actions anticipated or resulting from the dangers caused by a natural or manmade disaster or the resulting effects thereof, pursuant to the following procedure:
(1)
The authority conferred upon the city manager by this section shall arise only after either the state or the city declares an emergency in accordance with the provisions of Virginia Code section 44-146.19 or 44-146.21 for a geographical area located within the city;
(2)
The curfew shall be announced in such manner as is reasonably calculated to provide notice to the public of the imposition of the curfew. Termination of curfew shall be in like manner;
(3)
The declaration of a curfew, circumstances justifying its imposition, time and areas of the city in which the curfew is in effect, and the means and time of the public announcement of the curfew shall be recorded in a written document signed by the city manager and maintained in the records of the city;
(4)
No curfew shall be imposed except in areas and at times that can be justified as necessary for the public safety.
(5)
The action of the city manager in imposing a curfew during a natural or manmade disaster shall be ratified by the city council at its next regularly scheduled meeting.
(d)
After the declaration and public announcement of a curfew, it shall be unlawful for:
(1)
Any person, after having been warned by a law-enforcement officer, to remain on any street, road, alley, avenue, park or other public place in the city, or in any vehicle operating or parked thereon, in any portion of the city designated by the city manager; and
(2)
The owner or proprietor of any retail, wholesale or eating and drinking establishment, entertainment venue or similar establishment, or other person in control of such establishment, to allow any person to remain on the premises without the express written permission of the city manager; provided, however, that this prohibition shall not apply to lodging establishments serving registered guests.
(e)
The following persons shall be exempt from the provisions of this section while on duty or traveling to and from work:
(1)
Hospital personnel;
(2)
City employees and volunteers;
(3)
Military personnel;
(4)
Employees of public utility companies;
(5)
Private emergency medical transport workers; and
(6)
Other emergency workers as authorized by the city manager.
(f)
Nothing in this section shall be construed to prohibit or restrict travel to a hospital in the event of a medical emergency, nor shall such travel be considered in violation of this section.
(g)
A violation of this section shall be punishable as a Class 1 misdemeanor.
(Ord. No. 2895, 8-9-05; Ord. No. 3027, 6-3-08)
Cross reference— Emergency management office, § 2-411 et seq.
(Ord. No. 2895, 8-9-05; Ord. No. 3027, 6-3-08)
Cross reference
Emergency management office, § 2-411 et seq.