29C.3 Proclamation of state of public disorder by governor.
1. The governor may, after finding a state of public disorder exists, proclaim a state of public disorder emergency. This proclamation shall be in writing, indicate the area affected and the facts upon which it is based, be signed by the governor, and be filed with the secretary of state.
2. Notice of a proclamation of a state of public disorder emergency shall be given by the secretary of state by publication in a newspaper of general circulation in the area affected, by broadcast through radio and television serving the area affected, and by posting signs at conspicuous places within this area. The exercise of the special powers by the governor under this section shall not be precluded by the lack of giving notice if the giving of notice has been diligently attempted. All orders and rules promulgated under the proclamation shall be given public notice by the governor in the area affected.
3. A state of public disorder emergency shall continue for ten days, unless sooner terminated by the governor. The general assembly may, by concurrent resolution, rescind a proclamation of a state of public disorder emergency. If the general assembly is not in session, the legislative council may, by a majority vote, rescind this proclamation. Rescission shall be effective upon filing of the concurrent resolution or resolution of the legislative council with the secretary of state.
4. The governor may, during the existence of a state of public disorder emergency, prohibit:
a. Any person being in a public place during the hours declared by the governor to be a period of curfew if this period does not exceed twelve hours in any one day and if its area of its application is specifically designated.
b. Public gatherings of a designated number of persons within a designated area.
c. The manufacture, use, possession, or transportation of any device or object designed to explode or produce uncontained combustion.
d. The possession of any flammable or explosive liquids or materials in a glass or uncapped container, except in connection with normal operation of motor vehicles or normal home and commercial use.
e. The sale, purchase, or dispensing of alcoholic beverages.
f. The sale, purchase, or dispensing of such other commodities as are designated by the governor.
g. The use of certain streets or highways by the public.
h. Such other activities as the governor reasonably believes should be prohibited to help maintain life, health, property, or the public peace.
[C77, 79, 81, §29C.3]
2017 Acts, ch 54, §76; 2017 Acts, ch 69, §34
Referred to in §68A.405A
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 29C - EMERGENCY MANAGEMENT AND SECURITY
Section 29C.1 - Statement of policy.
Section 29C.3 - Proclamation of state of public disorder by governor.
Section 29C.4 - Judicial protections.
Section 29C.5 - Department of homeland security and emergency management.
Section 29C.6 - Proclamation of disaster emergency by governor.
Section 29C.7 - Hazard mitigation financial assistance.
Section 29C.8 - Powers and duties of director.
Section 29C.8A - Emergency response fund created.
Section 29C.9 - Local emergency management commissions.
Section 29C.10 - Emergency management coordinator.
Section 29C.11 - Local mutual aid arrangements.
Section 29C.12 - Use of existing facilities.
Section 29C.12A - Participation in funding disaster recovery facility.
Section 29C.13 - Funds by grants or gifts.
Section 29C.14 - Director of the department of administrative services to issue warrants.
Section 29C.15 - Tax-exempt purchases.
Section 29C.16 - Prohibited political activities.
Section 29C.17 - Local emergency management fund.
Section 29C.17A - Mass notification and emergency messaging system fund.
Section 29C.18 - Enforcement duties.
Section 29C.19 - Rules and order exempted.
Section 29C.20 - Contingent fund — disaster aid.
Section 29C.20A - Disaster aid individual assistance grant fund.
Section 29C.20B - Disaster case management grant fund and program.
Section 29C.20C - Immunity — licensed architects and professional engineers.
Section 29C.21 - Emergency management assistance compact.
Section 29C.22 - Statewide mutual aid compact.
Section 29C.23 - Statewide interoperable communications system.
Section 29C.24 - Facilitating business rapid response to state-declared disasters Act.
Section 29C.25 - Firearms and ammunition — limitations — exceptions — remedies.