CHAPTER 93: CIVIL EMERGENCIES
Section
   93.01   Emergency restrictions authorized
   93.02   State of emergency declaration may impose prohibitions and restrictions
   93.03   Evacuation
   93.04   Curfew
   93.05   Restrictions on the possession, consumption, or transfer of alcoholic beverages
   93.06   Restriction on the possession, transportation, and transfer of dangerous weapons and substances
   93.07   Restriction on access to areas
   93.08   Activities prohibited or restricted
   93.09   Effect of emergency on services
   93.10   Removal of prohibitions and restrictions
   93.11   Superseding and amending declarations
   93.12   Termination of declaration
   93.13   Exercise of powers in absence or disability of Mayor
   93.14   Penalty
   93.15   Territorial applicability
§ 93.01 EMERGENCY RESTRICTIONS AUTHORIZED.
   (A)   The following definitions shall apply in this chapter:
      (1)   EMERGENCY. An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made accidental, military, paramilitary, terrorism, weather-related, public health, explosion-related, riot-related cause, or technological failure or accident, including, but not limited to, a cyber incident, an explosion, a transportation accident, a radiological accident, or a chemical or other hazardous material incident;
      (2)   EMERGENCY AREA. The geographical area covered by a state of emergency; and
      (3)   STATE OF EMERGENCY. A finding and declaration by the City Council of the City of Asheboro or the Mayor of the City of Asheboro acting under the authority of G.S. 166A-19.22 that an emergency exists.
   (B)   In the event of an emergency, the Mayor is hereby authorized and empowered, pursuant to G.S. 166A-19.22, to issue a state of emergency declaration that declares to all persons the existence of a state of emergency and, in order to more effectively protect the lives and property of people within the city, to place in effect any or all of the restrictions hereinafter authorized.
   (C)   The Mayor is hereby authorized and empowered to limit with the state of emergency declaration the application of all or any part of such restrictions to an emergency area specifically designated or described within the city and to specific hours of the day or night and to exempt from all or any part of such restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters, rescue squad members, and public employees; doctors, nurses, and employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities and public transportation companies; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of people within the city.
(Ord. 20 ORD 8-15, passed 8-6-15; Am. Ord. 13 ORD 4-20, passed 4-9-20)
§ 93.02 STATE OF EMERGENCY DECLARATION MAY IMPOSE PROHIBITIONS AND RESTRICTIONS.
   (A)   Pursuant to G.S. 166A-19.31, the Mayor is hereby authorized to impose, by means of the issuance of a state of emergency declaration, the prohibitions and restrictions specified in§§ 93.03 through 93.08 of this chapter. The Mayor may impose as many of those specified prohibitions and restrictions as he/she finds necessary, due to the emergency, to maintain an acceptable level of public order and services and to protect lives, safety, and property.
   (B)   The state of emergency declaration shall be in writing. The City Manager or designees of the City Manager shall take reasonable steps to give notice as broadly as possible of the terms of the declaration to
those affected by it as soon as is practicable. Copies of the declaration shall be posted on the front doors or entrances of city hall, the police department headquarters station, the fire department headquarters station, and at the city public works facility. The efforts of city employees to provide public notice of the declaration shall include sending, as soon as is practicable, reports of the substance of the declaration to the mass communications media that serve the city. A minimum of one duplicate original of the declaration shall be furnished to the city clerk’s office at the earliest opportunity, and the city clerk will, upon request, furnish certified copies of the declaration as soon as is practicable.
(Ord. 20 ORD 8-15, passed 8-6-15)
§ 93.03 EVACUATION.
   The Mayor may direct and compel the voluntary or mandatory evacuation of all or part of the population of the city from any stricken or threatened area within the emergency area; to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control ingress and egress of an emergency area, the movement of persons in public areas within the emergency area, and the occupancy of premises therein. Details of the evacuation may be set forth or amended in a subsequent declaration which shall be well publicized.
(Ord. 20 ORD 8-15, passed 8-6-15)
§ 93.04 CURFEW.
   (A)   The state of emergency declaration may impose a curfew prohibiting in certain areas and during certain periods the appearance in public of anyone who is not part of an exempted class. The declaration shall specify the geographical area and the period during each 24-hour day to which the curfew applies. The Mayor may exempt from some or all of the curfew restrictions classes of people whose exemption the Mayor finds necessary for the preservation of the public health, safety, and welfare. The state of emergency declaration shall state the exempted classes and the restrictions from which each is exempted.
   (B)   Unless otherwise specified in the state of emergency declaration, the curfew shall apply during the specified period each day until the Mayor by declaration removes the curfew.
(Ord. 20 ORD 8-15, passed 8-6-15)
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