(a) During the existence of a declared state of emergency, the Mayor may impose by declaration prohibitions and restrictions (“Prohibitions and Restrictions Declaration”):
(1) If movements of people in public places, including any of the following:
a. Imposing a curfew. Unless otherwise specified in the declaration, the curfew shall apply during the specified period each day until the Mayor, by additional declaration, removes the curfew.
b. Directing and compelling the voluntary or mandatory evacuation of all or part of the population from any stricken or threatened area within the town’s jurisdiction.
c. Prescribing routes, modes of transportation, and destinations in connection with evacuation.
d. Controlling ingress and egress of an emergency area, and the movement of persons within that area.
e. Providing for the closure, within the emergency area, of streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular travel, except to the movement of emergency responders and other persons necessary for recovery from the emergency. In addition to any other notice or dissemination of information, notification of any closure of a road or public vehicular area under the authority of this subsection shall be given to the Department of Transportation as soon as practicable.
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.
(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages.
(4) Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and substances, except that this chapter does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition. As used in this subsection, the term “dangerous weapons and substances” has the same meaning as it does under G.S. 14-288.1 and the term “firearm” has the same meaning as it does under G.S. 14-409.39(2).
(5) 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.
(b) The SOE Declaration and any Prohibitions and Restrictions Declaration may be combined in one declaration or may be separate declarations.
(c) The Mayor shall not be required to impose all types of the above prohibitions or restrictions, or any particular prohibition or restriction, during a state of emergency and may determine and impose only the prohibitions or restrictions deemed necessary or suitable to a particular state of emergency. By way of example and not limitation, the Prohibitions and Restrictions Declaration may limit the application of all or any part of prohibitions or restrictions authorized by this article to any area specifically designated or described within the Declaration and to specific hours of the day or night; and to exempt from all or any part of such declaration law enforcement officers, Fire Department and other 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 operated for profit; 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.
(Code 1976, § 10-10; Code 1982, § 8-24; Ord. No. 2020-Code-01, 4-30-2020)