(A) Imposition of prohibitions and restrictions.
(1) Defined; restrictions authorized.
(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 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 of White Lake or any part thereof, or threatening damage to or destruction of property, the Mayor of White Lake is hereby authorized and empowered under 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, the application of all or any part of the restrictions to any area specifically designated or described within the town limits 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, fire fighters, 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 the people within the town.
(2) Proclamation imposing prohibitions and restrictions.
(a) The Mayor of the Town of White Lake, by proclamation, may impose the prohibitions and restrictions specified in divisions (A)(3) through (A)(8) below in the manner described in those divisions. 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) 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 in the Town 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 for use as evidence.
(3) Evacuation. The Mayor may direct and compel the evacuation of all or part of the population of the Town of White Lake; to prescribe routes, modes of transportation, and destinations 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.
(4) Curfew.
(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.
(5) Restrictions on possession, consumption, or transfer of alcoholic beverages. 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 purchase of any alcoholic beverage within the area of the town 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.
(6) Restriction on possession, transportation, and transfer of dangerous weapons and substances.
(a) The proclamation may prohibit the transportation or possession off one’s own premises, or the sale or purchase, of any dangerous weapon or substance. The Mayor 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.
(b) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS WEAPON OR SUBSTANCE.
a. Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device as defined in G.S. § 14-288.8(c), gasoline, or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property;
b. 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 the instrument or substance will be so used; or
c. Any part or ingredient in any instrument or substance included above, when the circumstances indicate a probability that the part or ingredient will be so used.
(c) If imposed, the restrictions shall apply throughout the jurisdiction of the town or the part thereof as designated in the proclamation.
(7) Restrictions on access to areas.
(a) 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.
(b) Areas to which access is denied or restricted shall be designated by the Chief of Police and his or her subordinates when directed in the proclamation to do so by the Mayor. When acting under this authority, the Chief of Police and his or her subordinates may restrict or deny access to any area, street, highway, or location within the town, 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.
(8) Other restrictions. The proclamation may prohibit or restrict:
(a) Movements of people in public places;
(b) The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate; and
(c) 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.
(9) Removal of prohibitions and restrictions. The Mayor shall, by proclamation, terminate the entire declaration of emergency or remove the prohibitions and restrictions as the emergency no longer requires them, or when directed to do so by the Town Board.
(10) Superseding and amendatory proclamations. The Mayor, in his or her discretion, may invoke the restrictions authorized by this section in separate proclamations, and may amend any proclamation by means of a superseding proclamation in accordance with the procedures set forth in division (A)(2) above.
(11) Termination of proclamation. Any proclamation issued under this section shall expire five days after its last imposition, unless sooner terminated in writing, under the same procedures set forth in division (A)(2) above for proclamations.
(12) In case of absence or disability of Mayor. In case of the absence or disability of the Mayor, the Mayor Pro Tempore, or the other person as may be designated by the Town Board, shall have and exercise all of the powers herein given the Mayor.
(1983 Code, § 2-15) (Ord. passed 4-26-1968; Am. Ord. passed 3-4-1986)
(B) Proclamation forms. The proclamation of a municipal state of emergency and the proclamation terminating a municipal state of emergency shall be in substantially the following forms.
(1) Proclamation of a municipal state of emergency.
“Proclamation of a Municipal State of Emergency
Section 1. Pursuant to Town Ordinance ____ and Chapters 166A and 14-288 of the North Carolina General Statutes, I have determined that a State of Emergency, as defined in Town Ordinance ____, exists in the Town of White Lake.
Section 2. I, therefore, proclaim the existence of a State of Emergency in the Town of White Lake.
Section 3. I hereby order all town law enforcement officers and employees and all other emergency management personnel subject to my control to cooperate in the enforcement and implementation of the provisions of the town emergency ordinances which are set forth below.
Section 4. Evacuation. I have determined that, in the best interest of public safety and protection, it is necessary to evacuate the civilian population from the Town of White Lake. Citizens are free to use any type of transportation, but they are to use only ____ in leaving the town. Evacuation is to occur as soon as possible. Further proclamation concerning evacuation will be issued as needed.
Section 5. Curfew. Unless one is a member of the town’s law enforcement agency or the emergency management program, every person who is located within a ____ radius of ____ is to be inside a house or dwelling from the hours of ____ to ____.
Section 6. No Alcoholic Beverages. There shall be no sale, consumption, transportation, or possession of alcoholic beverages during the State of Emergency in the Town of White Lake.
Section 7. No Firearms, Ammunition, or Explosives. During the State of Emergency, there shall be no sale or purchase of any type of firearm or ammunition, or any possession of such items along with any type of explosive off owner’s own premises.
Section 8. Execution of Emergency Plan. All civilians and emergency management personnel are ordered to comply with the emergency reaction plan.
Section 9. This proclamation shall become effective immediately. Proclaimed this the ____ day of ____, at ____ (am/pm).
__________________
Mayor of White Lake”
(2) Proclamation terminating a municipal state of emergency.
“Proclamation Terminating a Municipal State of Emergency
Section 1. On ____, at ____ (am/pm), I determined and proclaimed a local State of Emergency for the ____.
Section 2. On ____, at ____ (am/pm), I ordered the evacuation of all civilians from the area, imposed a curfew, prohibited alcoholic beverages, firearms, ammunition and explosives, and ordered the execution of the emergency reaction plan.
Section 3. I have determined that a State of Emergency no longer exists in the Town of White Lake.
Section 4. I thereby terminate the proclamation of a local State of Emergency and all of the restrictions and orders therein.
Section 5. This proclamation is effective immediately. Proclaimed this the ____ day of ____, at ____ (am/pm).
__________________
Mayor of White Lake”
(1983 Code, § 2-16) (Ord. passed 3-4-1986) Penalty, see § 31.99