US Lawyer Database

§ 38-9-101. Chapter Definitions

As used in this chapter, unless the context otherwise requires: “Chief administrative officer” means the mayor of any municipality incorporated under the general law pursuant to title 6, chapter 1, part 2, or of any metropolitan government as chartered pursuant to title 7, chapter 1; and the city manager of any municipality incorporated pursuant to […]

§ 38-9-102. Proclamation of Civil Emergency

When, in the judgment of the chief administrative officer of a municipality, a civil emergency as defined in this chapter is determined to exist, the officer shall immediately proclaim in writing the existence of the civil emergency, a copy of which proclamation will be filed with the clerk of the municipality, or if there is […]

§ 38-9-103. General Curfew

After proclamation of a civil emergency by the chief administrative officer, the officer may order a general curfew applicable to the geographical areas of the municipality or to the municipality as a whole, as the officer deems advisable, and applicable during those hours of the day or night the officer deems necessary in the interest […]

§ 38-9-104. Restrictive Orders

After proclamation of a civil emergency, the chief administrative officer may, at the officer’s discretion, in the interest of public safety and welfare: Order the closing of all retail liquor stores; Order the closing of all establishments where beer or alcoholic beverages are served; Order the closing of all private clubs or portions of private […]

§ 38-9-105. Violations — Penalty

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency commits a Class C misdemeanor.

§ 38-9-106. Exceptions to Curfew

Any curfew as defined in this chapter shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This […]