§ 26-5. Proclamation of state of emergency.

(a)

During times of great public crisis, disaster, rioting, catastrophe or similar public emergency within the territorial limits of the town or for reasonable apprehension of immediate danger thereof and upon finding that the public safety is imperiled thereby, the mayor may request the governor to proclaim a state of emergency within any part or all of the territorial limits of the town. Following such proclamation by the governor and during the continuance of such state of emergency, the chief of police may, in order to protect life and property and to bring the emergency situation under control, promulgate orders affecting any part or all of the territorial limits of the town by:

(1)

Establishing a curfew and prohibiting and controlling pedestrian and vehicular traffic, except essential emergency vehicles and personnel.

(2)

Designating specific zones within which the occupancy and use of buildings and the ingress and egress of vehicles and persons shall be prohibited or regulated.

(3)

Regulating and closing of places of amusement and assembly.

(4)

Prohibiting the sale and distribution of alcoholic beverages.

(5)

Prohibiting and controlling the presence of persons on public streets and places.

(6)

Regulating and controlling the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition.

(7)

Regulating and controlling the possession, storage, display, sale, transport and use of explosives and flammable materials and liquids, including but not limited to the closing of all wholesale and retail establishments which sell or distribute gasoline and other flammable products.

(8)

Regulating and controlling the possession, storage, display, sale, transport and use of sound apparatus, including but not limited to public address systems, bullhorns and megaphones.

(9)

Prohibiting the sale or offer for sale of goods or services within the designated emergency area for value exceeding the prices ordinarily charged for comparable goods and services in the same market area at or immediately before the time of the state of emergency. However, the value received may include reasonable expenses and a charge for any attendant business risk in addition to the cost of the goods and services which necessarily are incurred in procuring the goods and services during the state of emergency, pursuant to R.S. 29:721 et seq.

(b)

Such orders shall be effective from the time and in the manner prescribed in such orders and shall be published as soon as practicable in a newspaper of general circulation in the area affected by such order and transmitted to the radio and television media for publication and broadcast. Such orders shall cease to be in effect five days after their promulgation or upon declaration by the governor that the state of emergency no longer exists, whichever occurs sooner; however, the chief of police, with the consent of the governor, may extend the effect of such orders for successive periods of not more than five days each by republication of such orders in the manner provided in this subsection.

(c)

All orders promulgated pursuant to this section shall be executed in triplicate and shall be filed with the clerk of court of the parish affected and with the secretary of state.

(d)

During any period in which a state of emergency exists, the proclaiming officer may appoint additional peace officers or firefighters for temporary service, who need not be in the classified lists of such departments. Such additional persons shall be employed only for the time during which the emergency exists.

(e)

During the period of existence of the state of emergency, the chief of police may call upon the sheriff, mayor or other chief executive officer of any other parish or municipality to furnish such law enforcement or fire protection personnel or both, together with appropriate equipment and apparatus, as may be necessary to preserve the public peace and protect persons and property in the requesting area. Such aid shall be furnished to the chief of police requesting it insofar as possible without withdrawing from the political subdivision furnishing such aid the minimum police and fire protection appearing necessary under the circumstances. In such case, law enforcement and fire protection personnel acting outside the territory of their regular employment shall be considered as performing services within the territory of their regular employment for purposes of compensation, pension and other rights or benefits to which they may be entitled as incidents of their regular employment. The political subdivision receiving such aid shall reimburse the cost thereof to the other political subdivision which furnished the aid, including the cost of compensation of personnel, expenses incurred by reason of the injury or death of any such personnel while rendering such aid, expenses of furnishing equipment and apparatus, compensation for damages to or loss of equipment or apparatus while in service outside the territory of its regular use, and such other reasonable expenses as may be incurred by any such political subdivision furnishing such aid. Law enforcement officers acting pursuant to this section outside the territory of their regular employment have the same authority to enforce the law as when acting within the territory of their own employment.

(f)

Any person found violating this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-11.

(Code 1969, § 10-17; Code 1997, § 26-5)

State law reference

Mayor as chief executive officer, R.S. 33:362; mayor pro tempore, R.S. 33:405; proclamation of state of emergency, R.S. 14:329.6.