Section
5-1.1 State of emergency; restriction authorized
5-1.2 Proclamation imposing prohibitions and restrictions
5-1.3 Evacuation
5-1.4 Curfew
5-1.5 Restrictions on possession, consumption or transfer of alcoholic beverages
5-1.6 Restriction on possession, transportation and transfer of dangerous weapons and substances
5-1.7 Restrictions on access to areas
5-1.8 Prohibitions or restrictions
5-1.9 Removal of prohibitions and restrictions
5-1.10 Superseding and amendatory proclamations
5-1.11 Termination of proclamation
5-1.12 In case of absence or disability of Mayor
5-1.13 Penalty for violation
5-1.14 Repeal of conflicting ordinances
5-1.15 Territorial applicability
5-1.16 Validity
5-1.17 Form and content of proclamation
5-1.18 Proclamation terminating a state of emergency
(A) A state of emergency shall be deemed to exist during times of public crisis, disaster, rioting, catastrophe or similar public emergency, for any reason, public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property, or whenever the occurrence of any condition is imminent.
(B) 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 of the town is hereby authorized and empowered under G.S. § 14-288.12 and G.S. § 166A-8 to issue a public proclamation declaring to all persons the existence of a state of emergency, and, in order to more effectively protect the lives and property of people within the town, to place in effect any or all of the restrictions hereinafter authorized.
(C) The Mayor is hereby authorized and empowered to limit by the proclamation of the application of all or any part of the restrictions to any area specifically designated or described within the town and to specific hours of the day or night; and to exempt from all or any part of the restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters and other public employees, rescue squad members, 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 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 people within the town.
(2003 Code, § 5-1.1) (Adopted 2-2-1993)
(A) The Mayor of the town, by proclamation, may impose the prohibitions and restrictions specified in §§ 5-1.3. through 5-1.11. of this article in the manner described in those sections. The Mayor may impose as many of those specified prohibitions and restrictions as he or she 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 Mayor shall recite his or her findings in the proclamation.
(B) (1) The proclamation shall be in writing.
(2) The Mayor 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 and in public places within the town. The Mayor shall, as soon as possible, send reports of the substance of the proclamation to the Chairperson of the County Board of Commissioners, or designee; and to the mass communications media which serves the affected area. The Mayor shall retain a text of the proclamation, and furnish upon request, certified copies of it.
(2003 Code, § 5-1.2) (Adopted 2-2-1993)
(A) The Mayor may direct and compel the evacuation of all or part of the population of the town, 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 therein.
(B) Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be well publicized.
(2003 Code, § 5-1.3) (Adopted 2-2-1993)
(A) The proclamation may impose a curfew prohibiting in 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 Mayor may exempt from some or all of the curfew restrictions classes of people whose exemption the Mayor 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.
(B) Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Mayor by proclamation removes the curfew.
(2003 Code, § 5-1.4) (Adopted 2-2-1993)
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