CHAPTER 101: STATES OF EMERGENCY
Section
   101.01   Declaration of state of emergency; Mayor’s powers
   101.02   Restrictions during state of emergency
   101.03   Effectiveness of declaration; modification; termination
 
   101.99   Penalty
Statutory reference:
   Authority, see G.S. Ch. 166A, Art. 1A
§ 101.01 DECLARATION OF STATE OF EMERGENCY; MAYOR’S POWERS.
   (A)   For the purpose of this chapter, an EMERGENCY is 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.
   (B)   In the event of an existing or threatened emergency endangering the lives, safety, health, and welfare of the people within the town or threatening widespread danger to or destruction of property, the Mayor is hereby authorized and empowered to declare by public proclamation a state of emergency, and, in order to more effectively protect the lives and property of people within the town, to place in effect any or all of the prohibitions or restrictions hereinafter authorized.
   (C)   The Mayor is further authorized and empowered to limit by the declaration the application of all or any part of such prohibitions or restrictions to any area specifically designated or described within the corporate limits of the town and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, fire department officers and other emergency responders; public employees; doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations; 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 the people within the town.
   (D)   In the absence or disability of the Mayor, the Mayor Pro Tem is authorized to act in the Mayor's stead pursuant to this chapter.
(Ord. passed - -)
§ 101.02 RESTRICTIONS DURING STATE OF EMERGENCY.
   A declaration of state of emergency issued by the Mayor may impose any or all of the following prohibitions or restrictions:
   (A)   Of movements of people in public places, including imposing a curfew; directing and compelling the voluntary or mandatory evacuation of all or part of the population from any stricken or threatened area within the governing body's jurisdiction; prescribing routes, modes of transportation, and destinations in connection with evacuation; and controlling ingress and egress of an emergency area, and the movement of persons within the area;
   (B)   Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
   (C)   Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;
   (D)   Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and substances, except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this chapter, the term DANGEROUS WEAPONS AND SUBSTANCES has the same meaning as it does under G.S. § 14-288.1. As used in this chapter, the term FIREARM has the same meaning as it does under G.S. § 14-409.39(2); and
   (E)   Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
(Ord. passed - -)
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