MONTGOMERY COUNTY                               2081

Chapter 6
(Bill No. 13)

An Act to add new Section 2-22A, to Chapter 2, Montgomery
Council Code 1965, title "Administration," subtitle "Article II. Powers
of Council Generally," to be subheaded "State of Public Emergency" to
follow immediately after Section 2-22, thereof, so as to define Public
Emergency, and to enlarge the powers of the Montgomery County
Council to declare and proclaim a state of Public Emergency, and to
authorize the Montgomery County Council to regulate and prescribe
conduct during a Public Emergency and prescribe penalty for viola-
tions.

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that—

Section 1. Section 2-22A, title "State of Public Emergency," be and
is hereby added to Chapter 2, of the Montgomery County Code 1965, to
follow immediately after Section 2-22 thereof, and to read as follows:

2-22A. State of Public Emergency.

(a)    Definitions.

1.    A "Public Emergency" is hereby defined to be:

(i) A riot or unlawful assembly characterized by the use of actual
force or violence or any threat to use force if accompanied by immediate
power to execute the same by an assembly of persons acting together with-
out authority of law.

(ii) Any natural disaster or man-made calamity including flood,
conflagration, cyclone, tornado, earthquake or explosion within the ter-
ritorial limits of Montgomery County resulting in the death or injury of
person or the destruction of property to such an extent that extraordinary
measures must be taken to protect the public health, safety and welfare.

2.    "Curfew" is hereby defined as a prohibition against any person
or persons, being found or remaining, or congregating, upon any public
street or place, or on any vacant premises, or on any public or private
property within Montgomery County or part thereof designated as re-
stricted during a public emergency. The prohibition applies to a person
on foot, or in, or on a vehicle. Upon imposition of a curfew, a person shall
remain at his place of residence, employment or business, unless the person
is on official public emergency duty or has other valid authority.

(b)    Emergency Powers.

1.    When in the judgment of the County Council for Montgomery
County, a Public Emergency, as herein defined, is deemed to exist, the
Council has the authority forthwith to proclaim in writing the existence
of the same.

2.   After proclamation of a Public Emergency, the Council, in the
interest of the public safety and welfare, may authorize the County Man-
ager to, or may by its own order, issue and make, any or all, of the follow-
ing provisions:

(i) Curfew. Order a general or partial curfew applicable to such
geographical areas of the County or to the County as a whole, as deemed
advisable, and applicable during such hours of the day or night as deemed
necessary.

(ii) Alcoholic Beverages. Order the closing or partial closing of