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(A) A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency for any reason, municipal public safety authorities or law enforcement are unable to maintain public order or afford adequate protection for lives or property.
(B) If an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the town or threatens damage to or destruction of property, the Mayor may issue a public proclamation for so long as necessary to preserve order, declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the town, may place in effect any or all of the restrictions authorized in this section.
(C) The Mayor may limit by the proclamation the application of all or any part of such restrictions to any area of the town and to specific hours of the day or night. He may exempt from all or any part of such restrictions law enforcement officers, firefighters and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty personnel, whether state or federal; on-duty employees of public utilities, public transportation companies, newspapers, magazines, 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.
(D) The Mayor shall proclaim the end of such state of emergency, or all or any part of the restrictions imposed, as soon as circumstances warrant.
(E) During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions:
(1) Prohibit or regulate the sale or transfer of any explosives, firearms, ammunition or dangerous weapons of any kind;
(2) Prohibit or regulate the buying or selling of beer, wine or intoxicating beverages of any kind, and their possession or their consumption off of one's own premises;
(3) Prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any of the public ways or upon any public property;
(4) Prohibit or regulate the sale of gasoline, kerosene, naphtha or any other explosive or inflammable fluids or substances;
(5) Prohibit or regulate travel upon any public street, alley or roadway or upon any other public property, except by those in search of medical assistance, food or any commodity or service necessary to sustain the well-being of themselves, their families or some member thereof;
(6) Prohibit or regulate the operation of offices, business establishments and other places to or from which people may travel or at which they may congregate; and
(7) Prohibit any 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.
(F) Any proclamation may be extended, altered or repealed particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation. The provisions of the proclamation including restrictions as to time or area may be extended or rescinded in accordance with G.S. 14-288.16.
(G) During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this chapter.
(1) Violation of a declaration declared pursuant to this chapter shall be a Class 2 misdemeanor. In addition, the town may impose a fine for violation of an emergency declaration.
(2) The maximum fine for violation of this section exceeds $50 and is $500 for each day or incident that a violation of this chapter occurs.
(Ord. passed 5-1-20)