(a) The chairperson of the board of commissioners may, by proclamation, impose the prohibitions and restrictions specified in this section in the manner described in this section. The chairperson may impose as many of those specified prohibitions and restrictions as he finds are necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety, and property. The chairperson shall recite his findings in the proclamation.
(b) The proclamation shall be in writing. The chairperson shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the county courthouse. The chairperson shall send reports of the substance of the proclamation to the mass communications media which serves the affected area. The chairperson shall retain a text of the proclamation and furnish upon request certified copies of it.
(c) The chairperson may direct and compel the evacuation of all or part of the population of the county, to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress of a disaster area, the movement of persons within the area, and the occupancy of premises in the area. Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be well publicized.
(d) The proclamation may impose a curfew prohibiting certain areas and during certain periods the appearance in public of anyone who is not a member of an exempted class. The proclamation shall specify the geographical area or areas and the period during each 24-hour day to which the curfew applies. The chairperson may exempt from some or all of the curfew restrictions classes of people whose exemption the chairperson finds necessary for the preservation of the public health, safety, and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted. Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the chairperson by proclamation removes the curfew.
(e) The proclamation may prohibit the possession or consumption of any alcoholic beverage including beer, wine, and spirituous liquor other than on one's own premises, and may prohibit the transfer, transportation, sale or purchases of any alcoholic beverage within the area of the county described in the proclamation. The prohibition, if imposed, may apply to transfers of alcoholic beverages by employees of alcoholic beverage control stores as well as by anyone else within the geographical area described.
(f) The proclamation may prohibit 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. The chairperson may exempt from some or all of the restrictions classes of people whose possession, transfer, or transportation of certain dangerous weapons or substances is necessary to the preservation of the public's health, safety, or welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted. As used in this section, the term "dangerous weapon or substance" means:
(1) Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device as defined in G.S. 14-288.8(c)(5), gasoline, or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property.
(2) Any other instrument or substance that is capable of being used to inflict serious bodily injury or destruction of property, when the circumstances indicate that there is some probability that such instrument or substance will be so used.
(3) Any part or ingredient in any instrument or substance included above when the circumstances indicate a probability that such a part or ingredient will be so used.
If imposed, the restrictions of this subsection shall apply throughout the jurisdiction of the county or such part of the county as designated in the proclamation.
(g) The proclamation may prohibit obtaining access or attempting to obtain access to any area, designated in the manner described in this section, in violation of any order, clearly posted notice, or barricade indicating that access is denied or restricted. Areas to which access is denied or restricted shall be designated by the sheriff and his subordinates or other law enforcement officer when directed in the proclamation to do so by the chairperson. When acting under this authority, the sheriff and his subordinates may restrict or deny access to any area, street, highway or location within the county if that restriction or denial of access or use is reasonably necessary to promote efforts being made to overcome the emergency or to prevent further aggravation of the emergency.
(h) The proclamation may prohibit or restrict:
(1) Movements of people in public places;
(2) The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate; and
(3) 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, within the area designated in the proclamation.
(i) A violation of this section is punishable as a misdemeanor as provided in G.S. 14-288.20A.
(Ord. of 9-6-1988(2), §§ 2—8; Amend. of 12-2-2019; Amend. of 12-6-2021)