Councilmember Stewart requested an agenda item that would amend the City Code to have an automatic termination of emergency proclamations issued by a Chandler Mayor. The Mayor is empowered to declare an emergency by proclamation pursuant to A.R.S. § 26.311 and Section 6.3 of the Chandler City Code. Specifically, subsection 6-3.2 of the City Code states, "In addition to the powers granted by other provisions of the law or City Charter, in accordance with A.R.S. Title 26, Chapter 2, the Mayor is hereby authorized to declare, by proclamation, an emergency or a local emergency to exist and shall have the powers and authority established in that chapter. The proclamation may be rescinded by a majority of the City Council after twenty-four (24) hours after the proclamation is issued." Councilmember Stewart, after discussions with Mayor Hartke, requested an ordinance that would amend the City Code to provide for an automatic termination of an emergency proclamation ninety (90) days from issuance unless extended or modified by a majority vote of the City Council. The draft ordinance further provides that the need for the emergency proclamation will be reviewed at a regularly scheduled Council meeting every month after issuance.
A.R.S. § 26.311 grants powers to mayors, if authorized by resolution or ordinance, to declare by proclamation an emergency or a local emergency to exist. The statute further authorizes mayors, if an emergency is declared, to impose all necessary regulations to preserve the peace and order of the city, including but not limited to:
- Imposition of curfews in all or portions of the political subdivision.
- Ordering the closing of any business.
- Closing to public access any public building, street, or other public place.
- Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
- Notifying the constitutional officers that the county office for which they are responsible may remain open or may close for the emergency.
Finally, the draft ordinance preserves the right of the Council to place the emergency proclamation on an agenda anytime after issuance for modification or repeal. The proposed revisions comply with Arizona state law and any changes to the Chandler Mayor emergency powers are a policy decision of the Council.
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