For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
STATE OF EMERGENCY. A finding and declaration, in accordance with the N.C. Emergency Management Act, that an emergency exists.
(Ord. 2003-07, passed 5-27-03; Am. Ord. 2020-01, passed 5-26-20)
(A) The Mayor or the Village Council shall have the authority to determine and proclaim the existence of a state of emergency and to impose any of the prohibitions and restrictions allowed under the N.C. Emergency Management Act, including the following prohibitions and restrictions or such other prohibitions and restrictions that may be allowed under the N.C. Emergency Management Act, as amended from time to time:
(1) Of movements of people in public places, including any of the following:
(a) Imposing a 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 governing body’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; or
(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;
(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 lawfully possessed firearms or ammunition; and
(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) Upon the Mayor’s declaration of a state of emergency, an emergency meeting of the Council shall automatically be called and proper notice given.
(C) If any person shall violate any curfew or prohibition imposed under this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 2003-07, passed 5-27-03; Am. Ord. 2020-01, passed 5-26-20; Am. Ord. 2022-03, passed 4-25-22)
(A) The Mayor or Village Council is authorized to limit the application of prohibitions and restrictions to any area specifically designated and described within the village and to specific hours of the day or night; and to exempt from prohibitions and restrictions police officers, firefighters, doctors, nurses, 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 village.
(B) A declared state of emergency shall take effect immediately upon the issuance of the proclamation unless otherwise stated in the proclamation. The Mayor or Village Council shall immediately report the substance of applicable prohibitions and restrictions to the mass communications media.
(Ord. 2003-07, passed 5-27-03; Am. Ord. 2020-01, passed 5-26-20)
(A) A state of emergency and any prohibitions or restrictions imposed thereunder shall be terminated as soon as circumstances warrant by the official or officials who imposed the state of emergency or the prohibitions or restrictions.
(B) The Mayor shall terminate any state of emergency declared by the Mayor or any prohibitions or restrictions imposed by the Mayor when directed to do so by the Village Council.
(Ord. 2003-07, passed 5-27-03; Am. Ord. 2020-01, passed 5-26-20)