CIVIL EMERGENCIES

Memphis Code of Ordinances tit. 9, ch. 9-24

in effect

Memphis Code of Ordinances § 9-24-1 Definitions.

Sec. 9-24-1. - Definitions. As used in this chapter: Civil emergency is defined to be: 1. A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force if accompanied by the immediate power to execute by three or more persons acting together without authority of law; 2. Any natural disaster or manmade calamity including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; 3. The destruction of property, or the death or injury of persons brought about by the deliberate acts of one or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof. Curfew is defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the municipality except persons officially designated to duty with reference to such civil emergency or those lawfully on the streets as defined hereinafter. Substitute officer is defined as an official who shall act in the absence or inability to act of the mayor as provided in this chapter and chapters 6-56, 6-72, 9-32, 9-88, 10-4 through 10-32, 12-64 and 12-68 in cases of civil emergencies. (Code 1967, § 22-91; Code 1985, § 20-66; Ord. No. 170, § 1, 5-14-1968; Ord. No. 1226, § 1, 4-11-1972)

Memphis Code of Ordinances § 9-24-2 Written declaration by mayor.

Sec. 9-24-2. - Written declaration by mayor. When, in the judgment of the mayor, a civil emergency as defined in this chapter is determined to exist, he or she shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the comptroller. (Code 1967, § 22-92; Code 1985, § 20-67; Ord. No. 170, § 2, 5-14-1968)

Memphis Code of Ordinances § 9-24-3 General curfew—Duration.

Sec. 9-24-3. - General curfew—Duration. A. After proclamation of a civil emergency by the mayor he or she may order a general curfew applicable to such geographical areas of the municipality or to the municipality as a whole, as he or she deems advisable, and applicable during which hours of the day or night as he or she deems necessary in the interest of the public safety and welfare. Such proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the mayor but not to exceed 15 days. B. Until overruled by final decision of a court of last resort, the provisions of this section shall apply only to a general curfew applicable to the municipality as a whole and may not be applicable only to such geographical areas of the municipality as the mayor deems advisable, but should this sentence be found improper by such court of last resort, then, in that event, this sentence will be considered as having not been passed, such being the legislative intent of the council. (Code 1967, § 22-93; Code 1985, § 20-68; Ord. No. 170, § 3, 5-14-1968)

Memphis Code of Ordinances § 9-24-4 Powers of mayor.

Sec. 9-24-4. - Powers of mayor. After proclamation of a civil emergency the mayor may, at his or her discretion, in the interest of public safety and welfare: A. Order the closing of all retail liquor stores; B. Order the closing of all establishments wherein beer or alcoholic beverages are served; C. Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted; D. Order the discontinuance of the sale of beer; E. Order the discontinuance of selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank property affixed to a motor vehicle; F. Order the closing of gasoline stations, and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; G. Order the discontinuance of selling, distributing, dispensing or giving away of any firearm or ammunition of any character whatsoever; H. Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition; I. Issue such other orders as are necessary for the protection of life and property. (Code 1967, § 22-94; Code 1985, § 20-69; Ord. No. 170, § 4, 5-14-1968)

Memphis Code of Ordinances § 9-24-5 Inability or absence of mayor—Substitute officer designated.

Sec. 9-24-5. - Inability or absence of mayor—Substitute officer designated. A. In the event of the inability to act or absence of the mayor during any civil emergency as defined in this chapter, the chairperson of the city council or in such chairperson's absence or inability to act, the member of the council who is the most immediate past chairperson is designated as substitute officer as defined herein and shall act for and in place of the mayor with respect to any civil emergencies as provided for in this chapter. B. In the event there is no immediate past chairperson serving on the council, then by majority vote a substitute officer shall be selected from the remaining members of the council to serve. C. The above described substitute officer to serve in place of the mayor or chairperson in civil emergencies shall have no duties the chairperson pro tem who shall be selected as provided in the rules of procedure of the council heretofore adopted by resolution. (Code 1967, § 22-94.1; Code 1985, § 20-70; Ord. No. 1226, § 2, 4-11-1972)

Memphis Code of Ordinances § 9-24-6 Persons not bound by curfew.

Sec. 9-24-6. - Persons not bound by curfew. Any curfew as defined by this chapter shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement which permission shall be granted on good cause shown. This curfew also shall not apply to medical personnel in the performance of their duties. (Code 1967, § 22-96; Code 1985, § 20-71; Ord. No. 170, § 6, 5-14-1968)

Memphis Code of Ordinances § 9-24-7 Procurements made during civil emergency.

Sec. 9-24-7. - Procurements made during civil emergency. After proclamation of a civil emergency pursuant to section 9-24-2, in the event the mayor further should determine in his or her judgment that the resources then available to the city are insufficient for the protection of life or property, and that the public peace, health, safety and welfare require that additional labor, equipment or supplies be procured in order to combat such civil emergency, the mayor shall forthwith authorize the director of civil defense, to procure by contract on behalf of the city all such additional labor, equipment or supplies as may be necessary in order to combat such civil emergency. Such procurement on behalf of the city may be by employment or subemployment of personnel for such times and such durations as the director of civil defense may determine, or by lease or purchase of equipment or supplies. All such procurements made or contracted for on behalf of the city by the director of civil defense shall become the obligations of the city and shall be paid for from the general funds of the city. (Code 1967, § 22-98; Code 1985, § 20-72; Ord. No. 2072, § 1, 6-18-1974)

Memphis Code of Ordinances § 9-24-8 Immunity to city and indemnification in use of procurements.

Sec. 9-24-8. - Immunity to city and indemnification in use of procurements. This chapter and chapters 6-56, 6-72, 9-32, 9-88, 10-4 through 10-32, 12-64 and 12-68 are an exercise by the city of its governmental functions for the protection of the public peace, health, safety and welfare, and the city shall not be liable for any damage to person or property in the utilization of any labor, equipment or supplies procured under section 9-24-7. Any person or corporation furnishing labor, equipment or supplies to the city pursuant to the provisions of section 9-24-7 shall be indemnified and held harmless by the city from any and all claims made by third persons for damage to person or property arising out of the utilization of such labor, equipment or supplies during a civil emergency. (Code 1967, § 22-99; Code 1985, § 20-73; Ord. No. 2072, § 2, 6-18-1974)

Memphis Code of Ordinances § 9-24-9 Violations—Penalties.

Sec. 9-24-9. - Violations—Penalties. Any person violating the provisions of orders issued by the mayor pursuant to this chapter during a proclaimed civil emergency shall be guilty of a misdemeanor and be punished as provided in section 1-24-1 of this code. (Code 1967, § 22-95; Code 1985, § 20-74; Ord. No. 170, § 5, 5-14-1968)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT9HESA_CH9-24CIEMFetched: 10/28/2026