§ 11-170. Curfews.

(a)

Institution of curfew.

(1)

Upon the declaration of a state of emergency by the governor, or upon the determination by the mayor and city council, its designee or two (2) of the three (3) city officials: the mayor, city manager and chief of police, of the existence of an emergency or disaster, the City of Cartersville, its designee or the emergency interim successor may adopt a resolution instituting a curfew when it is determined necessary to protect and safeguard the people and property of the City of Cartersville.

(2)

All of the territory of the incorporated City of Cartersville shall be subject to the terms of the curfew, unless otherwise specified in the resolution.

(3)

The resolution instituting the curfew shall include the dates and hours that the curfew shall be in effect.

(b)

Definitions.

Curfew. A "curfew" is a regulation requiring the withdrawal from any person not otherwise exempt from this section from appearing in certain public areas during specified hours.

Exempt individuals. Unless otherwise specified in the resolution implementing the curfew, "exempt individuals" include those individuals engaged in the provision of designated, essential services, such as fire, law enforcement, emergency medical services and hospital services, military services, utility emergency repairs. The resolution may, in the discretion of the governing authority, also exempt regular employees of local industries traveling to and from their jobs with appropriate identification, news media employees, building and repair contractors, properly registered according to the "Ordinance to Require Registration and Licensing of Building and Repair Services During a State of Emergency", performing activities related to construction, repair, renovation or improvement of buildings and other structures damaged during the disaster or emergency.

State of emergency. As defined by O.C.G.A. § 38-3-3(5), is a condition declared by the governor when, in his judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.

(c)

Prohibition. It shall be prohibited for any person, other than exempt individuals, to appear in public in the territory subject to the curfew, including but not limited to, streets, highways, alleys, sidewalks, vacant lots, parks, public buildings or any other public places in all or a delineated part of incorporated limits of the City of Cartersville during the stated hours of the curfew.

(d)

Penalties. Any individual violating this section, upon conviction, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation or imprisonment not to exceed sixty (60) days, or both.

(Ord. No. 53-99, §§ 1—4, 12-2-99)