§ 2-201. Emergency powers.

(a)

Upon the happening of any one or more of the following events, to wit:

(1)

The formation of any unruly mob;

(2)

The existence of a state of war, whether declared or not, or of any insurrection;

(3)

The occurring of any tornado, hurricane, cyclone, earthquake, flood or any other act of God, or force which disrupts or threatens to disrupt the normal activities of the community; and

(4)

The occurrence of multiple acts of arson, or of any acts which unduly alarm or threaten the public; the mayor, or in his absence, the mayor pro tem, may declare a state of emergency to exist within the corporate limits of the town. The state of emergency shall be declared by proclamation signed by the mayor and posted on the main door of the town hall, and shall be legally effective immediately upon posting. The proclamation shall be in substantially the following language: "It has been determined that (here state the event giving rise to the emergency) has occurred within the corporate limits of the Town of Abita Springs, Louisiana, and that accordingly a state of emergency does in fact exist. I therefore proclaim a state of emergency and invoke the provisions of section 2-201 of the Code of Ordinances, the Town of Abita Springs, Louisiana."

(b)

In the event a state of emergency is declared by the mayor (or mayor pro tem) under the provisions of subsection (a) of this section, the mayor or mayor pro tem shall become vested with the following extraordinary powers, which may be exercised at the discretion of such official:

(1)

To establish curfew to be effective within the corporate limits;

(2)

To prohibit or regulate the sale of gasoline, explosives, dynamite or any other type of inflammable or explosive materials, firearms or any other materials or supplies or any component parts thereof which could readily be utilized as weapons;

(3)

To mobilize and deputize an auxiliary police force under the command of the mayor (or mayor pro tem) and the chief of police;

(4)

To order searches and seizures where deemed necessary to preserve the peace and protect lives or property;

(5)

To disperse assemblies or congregations of people; and

(6)

To suspend issuance of parade permits.

(7)

To order the removal, repair, and/or demolition of any structure, tree, vehicle, or any other condition whatsoever situated on private property which in the sole discretion of the mayor constitutes a hazard and a danger to the public health and welfare of the citizens of the Town of Abita Springs:

a.

In the instance of the removal, repair, or demolition, of a building or structure on private property, notice shall be served upon the occupant of said property.

b.

In the case of the owner being an absentee, the mayor shall appoint an attorney to represent the absentee in this matter. In such case, notice shall be served additionally upon the attorney appointed by the mayor to represent the absentee owner. Domiciliary service may be made as in ordinary cases.

c.

In the case of grave public emergency where the condition of the building or structure is such to cause immediate loss or damage to the person or property, the mayor may condemn the building after 24 hours' notice served upon the owner, or his agent, or the occupant, and the attorney at law appointed to represent the owner should he be an absentee.

d.

Any notice pursuant to this section shall be filed with the recorder of mortgages where the property is located. Once filed, said notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes the property subject to all recorded liens, mortgages, and notices thereunto pertaining.

(c)

Any orders issued by the mayor under his extraordinary powers during a declaration of a state of emergency shall be effective immediately with the posting of such orders upon the main door of the town hall, or upon verbal communication by the mayor directly to the persons or person whom the order is intended to affect.

(d)

The state of emergency shall legally end when the mayor determines that the peace and good order of the town are no longer threatened and declares this in a proclamation which shall be posted upon the main door of the town hall.

(e)

Any powers of auxiliary police, as authorized under subsection (b) of this section shall only be exercised after mobilization by the mayor and shall immediately cease upon the proclamation of the end of the state of emergency.

(f)

Anyone violating any provision of this section or any orders issued by the mayor hereunder, shall, upon conviction, be sentenced or fined as provided in section 1-108 of this code.

(Ord. No. 300; Ord. No. 303, 4-18-06)

State law reference

Duties of mayor, R.S. 33:404.