CITY OF WEST FARGO, NORTH DAKOTA EMERGENCY DECLARATION
WHEREAS, the recent incident in Minneapolis, Minnesota, that resulted in the tragic death of George Floyd has given rise to protest marches and assemblies in Minneapolis and in cities throughout the country and during the course of said marches and assemblies in Minneapolis, civil disorder occurred resulting in significant destruction of public and private property by fire and other means in looting of private property and in general civil unrest; and
WHEREAS, one or more public marches, assemblies and/or protests occurred in the City of West Fargo on this day, Saturday, May 30, 2020; and
WHEREAS, there is evidence that said marches, assemblies and/or protests have not, or will not remain peaceful, that such marches and assemblies will become violent to persons or property and will rise to a substantial and dangerous level of civil disturbance, disorder, riot, insurrection and/or other occurrence; and
WHEREAS, pursuant to N.D.C.C. § 40-05-01, subsection 33, the City of West Fargo has the authority to keep and preserve, “the peace and quietude of the municipality, prevent disorderly conduct, prohibit public intoxication, and prevent and suppress riots, affrays, disturbances, and disorderly assemblies in any place”; and
WHEREAS, the President of the City Commission has the authority pursuant to the West Fargo Home Rule Charter to declare a State of Emergency if the President of the City Commission finds that the City of West Fargo, or any part thereof, is in imminent danger of suffering civil disturbance, disorder, riot, insurrection and/or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens.
NOW THEREFORE, BE IT RESOLVED
- The President of the City Commission, does hereby find that the City, or any part thereof, is in imminent danger of suffering civil disturbance, disorder, riot, insurrection and/or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens and hereby declares a state of emergency; and
- By this Emergency Declaration, the President of the City Commission authorizes the taking of the following specified action throughout or any part thereof, as may be deemed necessary and/or appropriate including without limitation:
- Requiring evacuation of all or any portion of the City of West Fargo. The West Fargo Chief of Police shall have the authority to order the evacuation of residential or commercial buildings or other structures whenever, in the opinion of the West Fargo Chief of Police, it is necessary in order to maintain the peace or to protect the health, safety or property of the City of West Fargo or its citizens and residents for the danger for which the state of emergency was declared.
- Prohibit or limit the movement of persons or hours of operation of businesses, by curfew of otherwise, within the designated disaster or emergency area, and the occupancy of premises therein.
- Halt access or exit upon public highways, streets, roads and/or alleys to or from the City of West Fargo or any part thereof.
- Halt the movement of trains and/or other vehicles into, within, about or from the City of West Fargo.
- Limit and/or prohibit the sale, carrying or possession on the public sidewalks or public streets, or in any public park, of weapons including, but not limited to, bows and/or arrows, air rifles, slingshots, knives, razors and/or missiles of any kind.
- The President of the City Commission or West Fargo Chief of Police shall have the authority to close any and all streets, roads, alleys, levees, dikes or other flood protection barriers and other public ways in the City of West Fargo to the public and prohibit persons from being on, walking on or driving on the same whenever, in the opinion of the West Fargo Chief of Police, it is necessary in order to maintain the peace of the community or to safeguard the same.
- Every person remaining present at the place of any riot or unlawful assembly after the same has been order to disperse by the police or any other lawful authority, except the public officers and persons assisting them in the dispersing of the same shall be guilty of a misdemeanor.
- This Declaration of Emergency shall extend until the President of the City Commission determines that the threat of an emergency has passed or the extent that emergency conditions no longer exist said period to not exceed a period of seven (7) days as set forth in N.D.C.C. § 37-17.1-10 from the effective date of this Declaration of Emergency, unless it is extended by the West Fargo City Commission or it is sooner amended and/or terminated by the West Fargo City Commission.
IN WITNESS WHEREOF, I have hereunto set my hand to be affixed this 30th day of May, 2020.