EMERGENCY PROCLAMATION.
Madison General Ordinances § 3.19
in effect3.19 - EMERGENCY PROCLAMATION.
(1) Notwithstanding any other provision of law to the contrary the Common Council is empowered to declare, by ordinance or resolution, an emergency existing within the city whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital services of the City. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
(2) The emergency power of the Common Council conferred under Subsection (1) includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the city in the emergency and includes without limitation because of enumeration the power to:
(a) Bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways notwithstanding any provision of Chapter 12, Madison General Ordinances or Wis. Stat. chs. 341 to 349, or any other provisions of law. (Am. by ORD-12-00035, 3-28-12)
(b) Impose a curfew upon all or any portions of the City thereby requiring all persons in such designated curfew areas to remove themselves forthwith from the public streets, alleys, parks or other public places. Physicians, nurses and ambulance operators performing medical services, bona fide members of the news media, personnel of public utilities maintaining essential public services and firefighters and City authorized or requested law enforcement officers and personnel may be exempted from such curfew. (Am. by ORD-14-00012, 1-14-14)
(c) Order the closing of any business establishments anywhere within the City for the period of the order within the City Emergency, such businesses to include, without limitation because of enumeration, those selling intoxicating liquor, fermented malt beverages, gasoline or firearms. (Am. by ORD-23-00054, 3-30-23)
(d) Call upon regular and auxiliary law enforcement agencies and organizations within or without the City of Madison to assist in preserving and keeping peace and order within the City.
(3) If, because of the emergency conditions, the Common Council is unable to meet with promptness, the Mayor or, in the event of their inability to act, the president of the Council or other successor as determined under Section 3.02(3), shall exercise by proclamation all of the powers conferred upon the Common Council under Subsec. (1) or (2) which within the discretion of the Mayor or the Mayor's successor appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration or repeal by the Common Council as soon as the Common Council can meet, but the subsequent action by the Common Council shall not affect the prior validity of the proclamation.
(4) The proclamation, ordinance, or resolution declaring an emergency under Subsec. (1), (2) or (3) shall be effective upon its issuance and its dissemination to the public by appropriate news media.
(5) Any person who willfully fails or refuses to comply with any lawful order or duly authorized law enforcement officers or personnel charged with the enforcement of such proclamation of emergency shall be subject to a forfeiture of not more than five hundred dollars ($500) for each offense.
(6) Each portion of this section is deemed severable and if any provision is held to be unconstitutional or invalid for any reason, such decision shall not affect any portion of this section other than the portion or portions affected by such decision.
(7) This section shall supersede all other provisions of the Madison General Ordinances in conflict with this section.
(Cr. by ORD-05-00202, 1-3-06; Renum. by ORD-07-00048, 4-12-07)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH3OFBOEMPURE_SUBCHAPTER_3AOROFDE_3.19EMPRFetched: 11/1/2026