SPECIAL MEETING

A special meeting of City Council was held on Tuesday, April 30, 1968 at 4:00 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Hughes and Smith. Councilmen Holpp was absent.

PARADE PERMIT

A request had been received from the State Conference of the NAACP to sponsor a march in the City of Dover on Saturday, May 5, 1968. The march would start at approximately 5:00 P.M., and last for two hours. The NAACP expects to have 5,000 or more participants in the march.

STATE OF EMERGENCY ORDINANCE

On motion of Mr. Hayes, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Holpp, adopted the following ordinance.

AN ORDINANCE RELATING TO PUBLIC SAFETY AND GENERAL WELFARE, AUTHORIZING THE MAYOR TO FIND AND DECLARE A STATE OF EMERGENCY, TO INSTITUTE PROHIBITING AGAINST GATHERINGS, AGAINST CERTAIN USES OF INFLAMMABLE MATERIALS, TO INSTITUTE A CURFEW, TO HALT OR RESTRICT TRAFFIC WITHIN, INTO OR OUT OF THE CITY, TO CLOSE TAPROOMS AND BARS, TO PROHIBIT THE SALE OR SERVICE OF ALCOHOLIC BEVERAGES, TO PROHIBIT POSSESSION OF FIREARMS AND DEADLY WEAPONS, AND PROVIDING PENALTIES.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

1. The Mayor of the City of Dover is empowered and authorized, whenever he finds that the City, or any part thereof, is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will generally, seriously, and substantially endanger the lives, safety, health or property of the public, to proclaim and/or declare a STATE OF EMERGENCY and to do all things necessary to place in effect any or all of the following measures throughout the City or any part thereof;

            (a) To prohibit or limits to ten (10) or more the number of persons who assemble or gather in a group on public streets, parks, or other open areas, either public or private, except for recreational purposes at a usual or customary place;

            (b) To prohibit the sale, transfer, possession, or use of gasoline, kerosene or combustible, inflammable, or explosive liquids or materials in containers of any kind;

            (c) To establish a curfew; and to prohibit any person from being on the public streets, in public parks of in any other public place during the hours declared by the Mayor to be a period of curfew; except for those persons who are caused to be in public places by reason of their employment or a private emergency involving health, safety or protection of property;

            (d) To halt or restrict access or egress, on foot or by vehicle, upon public highways to or from the City or any part thereof; and to halt or restrict the movement of trains, automobiles, buses, trucks or other vehicles into, within or from the city;

            (e) To require the closing of taprooms and bars, and to prohibit the sale or service of alcoholic beverages in any taproom, bar, hotel, restaurant, club or other establishment;

            (f)  To prohibit the possession of firearms or any other deadly weapon by a person in a place other than that person’s place of residence or business, provided that said prohibition shall not apply to members of the armed forces of the United States of America; Delaware National Guard; or any law enforcement officers.

2. The STATE OF EMERGENCY declared by the Mayor shall exist for the period set forth in the proclamation or declaration but not in excess of sixty-one (61) days. However, the STATE OF EMERGENCY may be extended for additional periods of sixty-one (61) days; and the Mayor may terminate the STATE OF EMERGENCY, or modify its provisions prior to the time set forth in his declaration or proclamation.

3. Any person who violates any prohibition established by the Mayor in a declaration of a STATE OF EMERGENCY, under the authority of this Ordinance, shall be fined not more than One Hundred ($100.00) Dollars and may be imprisoned not more than thirty (30) days in default in the payment of the fine imposed.

4. If any provision of this Ordinance, or its application to any person, or circumstance, shall be held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances, shall not be affected.

Adopted April 30, 1968

PUBLIC STATEMENT

Mayor Carroll then stated that he felt a public statement should be made to the citizens of Dover concerning the above adopted ordinance. He further stated that he would hold a news conference and make this information available to the radio and press for publication.

Council adjourned at 4:45 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by City Council at its meeting of April 30, 1968 are hereby approved.

                                                                                                                                                            

April 30, 1968                                                                                     Crawford J. Carroll Mayor