68 LAWS OF MARYLAND [CH. 70
title "Executive and Administrative Departments", to follow
immediately after Section 15A thereof and to be under the new
subtitle "Emergency Powers, Duties and Penalties in Times of
Domestic Peril", to read as follows:
15B.
(a) Legislative intent. It is hereby declared to be the legislative
intent to invest the Governor with sufficiently RECOGNIZE THE
GOVERNOR'S broad power of action in the exercise of the police
power of the State to provide adequate control over persons and
conditions during such periods of impending or actual public crisis
or disaster. The provisions of this Act shall be broadly construed to
effectuate this purpose.
(b) Definitions. The following terms are defined for the pur-
poses of this subtitle.
(1) "Crisis", "disaster", "rioting", "catastrophe" and "or similar
public emergency" shal SHALL refer to a situation in which three or
more persons are, contemporaneously, both as to time and place,
engaged in tumultous conduct which tends to the commission of
unlawful acts which disturb the public peace or which tend to pre-
cipitate the unlawful destruction or damage of public or private
property.
(2) "Orders", "rules" and "regulations" shall mean directives
reasonably calculated effectively to control and terminate the crisis,
disaster, rioting, catastrophe or similar public emergency.
(3) "Promulgate" shall mean to announce publicly.
(4) "Any action" shall mean such measures as shall be reason-
ably calculated effectively to control and terminate the crisis, dis-
aster, rioting, catastrophe or similar public emergency.
(5) "Militia" shall mean the organized and unorganized militia
as defined by Article 65, Section 5 of the Annotated Code of Mary-
land (1957 Edition).
(c) Procedure and executive proclamations. During times of
great public crisis, disaster, rioting, catastrophe or similar public
emergency within the State, and when public safety is imperiled, or
upon reasonable apprehension of immediate danger thereof, the
Governor may proclaim a state of emergency and designate the area
involved upon his own volition; or upon the application of the chief
executive officer of a county, city or local municipality; or upon the
application of the governing body of a county, city or local munic-
ipality; or upon the application of the Superintendent of the Mary-
land State Police. Following such proclamation, the Governor may
promulgate such reasonable orders, rules and regulations as he deems
necessary to protect life and property, or to bring the emergency
situation within the affected area under control, after reasonable
notice of such orders, rules and regulations is given in a paper of
general circulation or through television or radio serving the affected
area or by circulating notices or by posting signs at conspicuous
places within the affected area. Such orders, rules and regulations,
by way of enumerated example rather than limitation, may provide
for the control of traffic, including public and private transportation,
within the affected area; designation of specific zones within the
area in which, under necessitous circumstances, the occupancy and
use of buildings and vehicles may be controlled; control of the move-
|
![clear space](../../../images/clear.gif) |