Section
37.01 State of emergency; restrictions authorized
37.02 Proclamation imposing prohibitions and restrictions
37.03 Evacuation
37.04 Curfew
37.05 Restrictions on possession, consumption, or transfer of alcoholic beverages
37.06 Restriction on possession, transportation, and transfer of dangerous weapons and substances
37.07 Restrictions on access to areas
37.08 Proclamation restrictions
37.09 Removal of prohibitions and restrictions
37.10 Superseding and amendatory proclamations
37.11 Termination of proclamation
37.12 In case of absence or disability of mayor
37.13 Penalty for violation
37.14 Repeal of conflicting ordinances
37.15 Territorial applicability
37.16 Validity
37.17 Effective date of chapter
(A) A state of emergency shall be deemed to exist whenever 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 such 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 city or any part thereof, or threatening damages to or destruction of property, the Mayor is hereby authorized and empowered under G.S. § 166A-8 to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the city, 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 the application of all or any part of such restrictions to any area specifically designated or described within the city and to specific hours of the day or night; and to exempt from all or any part of such restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firemen 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 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 people within the city.
(Ord. O-1996-35, passed 9-3-96)
(A) The Mayor by proclamation may impose the prohibitions and restrictions specified in §§ 37.03 through 37.08 of this chapter in the manner described in those sections. The Mayor 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 Mayor shall recite his findings in the proclamation.
(B) The proclamation shall be in writing. 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 at City Hall. The Mayor shall send reports of the substance of the proclamation 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.
(Ord. O-1996-35, passed 9-3-96)
The Mayor may direct and compel the evacuation of all or part of the population of the city, 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. Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be well publicized.
(Ord. O-1996-35, passed 9-3-96)
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