A. Whenever a threat to the public health or safety is created by any emergency, an Everett police officer may restrict or deny access to any persons to the area where such threat exists, for the duration of such threat, when the officer reasonably believes the presence of such persons would constitute a danger to themselves or others or would substantially interfere with the performance of the police or other emergency services. For purposes of this section, an emergency includes, but is not limited to, an escaped prisoner, a natural disaster, a fire, an explosion, an accident, a riot, the presence of an armed person, a hostage incident or a bomb threat.

B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of criminal acts, a police officer may restrict or deny access to any area.

C. As used in this section, “restrict or deny access” means that a police officer has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists. Such restriction may be designated by the officer verbally, or by physical designation such as barrier tape, or by some other visual means, so long as the restricted area is clearly indicated.

D. A person commits the offense of unlawfully entering/remaining in a restricted area when he or she enters or refuses to leave any area closed or restricted in access pursuant to subsection (A) or (B) of this section. Unlawfully entering/remaining in a restricted area is a misdemeanor.

E. Subsections (A) and (B) of this section shall not apply to or affect a person who has specific statutory authority or the permission of the on-scene ranking police officer to enter or remain within the restricted area.

F. In accordance with the authority granted by this section, and in consideration of the law enforcement and emergency services needs involved, provision shall be made for reasonable access to such areas by members of the media for the purpose of news gathering and reporting. (Ord. 2946-06 § 1, 2006.)