(A) The Mayor shall have the authority and is given the authority to declare a state of emergency within the town at any time that he or she deems that an emergency exists and that the declaration is necessary for the protection of life and property and in order to preserve the public peace.
(B) At any time during the period that a state of emergency has been declared as provided herein, the Mayor shall have the authority to restrict:
(1) The hours of operation of any office, business establishment or other place from which people may travel or congregate;
(2) The possession, transportation, sale, purchase and consumption of alcoholic beverages;
(3) The possession, transportation, sale, purchase, storage and use of dangerous weapons and substances and gasoline; or
(4) Other activities, or place other conditions that may be necessary to maintain order and protect lives or property during the state of emergency.
(C) The Mayor is authorized and empowered to limit the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits and to specific hours of the day or night, and to exempt the following from all or any part of such restrictions:
(1) Law enforcement officers, firefighters and other public employees;
(2) Doctors, nurses, employees of hospitals and other medical facilities;
(3) On-duty military personnel, whether state or federal;
(4) On-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and
(5) 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 city.
(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 or when directed to do so by the Board of Commissioners.
(E) Any declaration may be extended, altered or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent declaration.
(F) During the existence of a declared state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any declaration authorized by this section. Any person who violates such a provision shall, upon conviction, be subject to penalties in accordance with § 10.99.
(G) During the existence of a proclaimed state of emergency, the Mayor is authorized to award contracts for construction or repair work and for the purchase of apparatus, supplies, materials or equipment without regard to the amount of such contract and without complying with G.S. § 143-129, provided that the expeditious award of such contract is reasonably necessary to address the effects of such emergency. In the absence of the Mayor, the following officials shall have the same authority as provided herein to the Mayor: the Mayor pro tem and Finance Commissioner, in that order. The person who awards any contract shall submit a report to the Board of Commissioners summarizing all contracts awarded pursuant to this section as soon as reasonably possible after the state of emergency has ended.
(Ord. passed 3-16-2020)