§ 34.02  DECLARATION BY MAYOR.
   (A)   Mayor to issue declaration.
      (1)   In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the town or any part thereof or threatening damages to or destruction of property, the Mayor is hereby authorized and empowered under G.S. §§ 14-288.13 and 166A-8 to issue a public declaration to declare to all persons the existence of such a state of emergency within all or a portion of the town in accordance with §§ 34.02 and 34.03 of this chapter.
      (2)   The Mayor is hereby authorized and empowered to limit by the declaration the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the town and to specific hours of the day and night; and to exempt from all or any part of such restrictions law officers, fire officers 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 to the people within the town.
      (3)   This declaration, and any prohibitions and restrictions made effectively by it, shall take effect immediately upon publication unless the declaration sets a later time.
      (4)   In the absence or disability of the Mayor, the Mayor Pro Tem shall be authorized to declare a state of emergency, imposing any or all prohibitions authorized in this policy. In the absence or disability of both the Mayor and the Mayor Pro Tem, and a quorum of the Board of Commissioners is available, the quorum shall meet and elect a Mayor to fill the unexpired term in accordance with G.S. § 160A-63. If a quorum is unavailable, then succession shall proceed in accordance with G.S. § 160A-63.
   (B)   Contents of declaration. The declaration issued by the Mayor shall declare to all persons that a state of emergency exists and shall set forth the following:
      (1)   The area within which the state of emergency exists, which may be the entire own or a specifically described portion of it. If not specified, the default emergency area shall be the entire jurisdiction of the town;
      (2)   The date and time from which the declaration shall be effective;
      (3)   Any restrictions and prohibitions that shall be effective during the state of emergency and the penalties for violations; and
      (4)   The date and time when the state of emergency shall terminate, unless extended or earlier terminated in accordance with § 34.05 of this chapter.