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§ 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)
§ 93.05 RESTRICTIONS ON THE POSSESSION, CONSUMPTION, OR TRANSFER OF ALCOHOLIC BEVERAGES.
   The state of emergency declaration may prohibit, other than on one’s own premises, the possession or consumption of any alcoholic beverage, including beer, wine, or spirituous liquor, and may prohibit the transfer, transportation, sale, or purchase of any alcoholic beverage within the emergency area. The prohibition, if imposed, may apply to the transfer of alcoholic beverages by employees of alcoholic beverage control stores or by anyone else within the emergency area.
(Ord. 20 ORD 8-15, passed 8-6-15) Penalty, see § 93.99
§ 93.06 RESTRICTION ON THE POSSESSION, TRANSPORTATION, AND TRANSFER OF DANGEROUS WEAPONS AND SUBSTANCES.
   (A)   The state of emergency declaration may prohibit, with regard to a location within the emergency area and off one’s own premises, the possession, transportation, sale, or purchase of any dangerous weapon or substance. The Mayor may exempt from some or all of the restrictions classes of people whose possession, transportation, or transfer of certain dangerous weapons or substances is necessary to the preservation of the public’s health, safety, or welfare. The declaration shall state the exempted classes and the restrictions from which each is exempted.
   (B)   For the purpose of this chapter and any state of emergency declaration promulgated pursuant to this chapter, the term “dangerous weapon or substance” means:
      (1)   Any item that falls within the scope of the definition for dangerous weapon or substance found in G.S. 14-288.1(2);
      (2)   Any other instrument or substance that is capable of being used to inflict serious bodily injury or destruction of property when the circumstances indicate that there is some probability that such instrument or substance will be so used; and
      (3)   Any part or ingredient in any instrument or substance included above when the circumstances indicate a probability that such a part of ingredient will be so used.
   (C)   Notwithstanding any other provisions found herein, this chapter does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this chapter, the term “firearm” means a handgun, shotgun, or rifle which expels a projectile by action of an explosion.
(Ord. 20 ORD 8-15, passed 8-6-15) Penalty, see § 93.99
§ 93.07 RESTRICTION ON ACCESS TO AREAS.
   (A)   The state of emergency declaration may prohibit accessing or attempting to access any location within the emergency area that is designated by an order, clearly posted notice, or barricade indicating that access to the designated location is denied or restricted.
   (B)   The state of emergency declaration may also provide authorization for the closure within the emergency area of streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular traffic; provided, however, the following conditions must be satisfied whenever this emergency road closure authority is exercised:
      (1)   In addition to any other notice or dissemination of information, notification of any closure of a road or public vehicular area shall be given to the North Carolina Department of Transportation as soon as practicable; and
      (2)   The above-stated emergency road closure authority shall not restrict the movement of emergency responders and other persons necessary for recovery from the emergency.
   (C)   Notwithstanding any other provision in this chapter, and in accordance with G.S. 166A-19.70(c) and (d), access to and from a restricted area must be allowed, regardless of whether a local curfew is in effect, upon the presentation of a valid state re-entry certificate for drivers and vehicles transporting essential goods or assisting in restoring utility services during a state of emergency.
   (D)   Within the emergency area, the Chief of Police, or the Chief's designee, may use the emergency road closure authority and identify locations to which access is denied or restricted so long as the following conditions are satisfied:
      (1)   The state of emergency declaration delegates to the Chief of Police, or the Chief's designee, the authority to deny or restrict access to locations within the emergency area and to exercise the emergency road closure authority provided by G.S. 166A-19.31 and this section; and
      (2)   The Chief of Police, or the Chief's designee, has concluded that the denial or restriction of access to a location, including the use of the emergency
road closure authority, within the emergency area is reasonably necessary to maintain order and protect lives or property during the state of emergency.
(Ord. 20 ORD 8-15, passed 8-6-15; Am. Ord. 13 ORD 4-20, passed 4-9- 20) Penalty, see § 93.99
§ 93.08 ACTIVITIES PROHIBITED OR RESTRICTED.
   The following activities or conditions may be prohibited or restricted within the emergency area:
   (A)   Movements of people in public places;
   (B)   The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate; and
   (C)   Other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives and property within the emergency area. To this end, the Mayor, by means of the state of emergency declaration, may take actions other than those prohibitions or restrictions explicitly listed and authorized in this Section when such other actions are reasonably necessary to maintain order and protect lives and property.
(Ord. 20 ORD 8-15, passed 8-6-15) Penalty, see § 93.99
§ 93.09 EFFECT OF EMERGENCY ON SERVICES.
   During the time period when the state of emergency declaration is in effect, and dependent upon the nature of the conditions at any given time, law enforcement, fire, rescue, and any other emergency services may not be provided.
(Ord. 20 ORD 8-15, passed 8-6-15)
§ 93.10 REMOVAL OF PROHIBITIONS AND RESTRICTIONS.
   The Mayor shall by declaration terminate the entire state of emergency declaration or remove any of the prohibitions or restrictions when the emergency no longer requires them or when directed to do so by the Asheboro City Council.
(Ord. 20 ORD 8-15, passed 8-6-15)
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