Chapter 14
Emergency Management*
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* Cross References: Administration, ch. 2; emergency services, ch. 16.
State Law References: Municipal emergency management, G.S. 166A-7 et seq.
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- Sec. 14-26. State of emergency; restrictions authorized.
- Sec. 14-27. Proclamation imposing prohibitions and restrictions.
- Sec. 14-28. Evacuation.
- Sec. 14-29. Curfew.
- Sec. 14-30. Restrictions on possession, consumption or transfer of alcoholic beverages.
- Sec. 14-31. Restriction on possession, transportation and transfer of dangerous weapons and substances.
- Sec. 14-32. Restrictions on access to designated areas.
- Sec. 14-33. Restriction of movement, business activity, other activity.
- Sec. 14-34. Removal of prohibitions and restrictions.
- Sec. 14-35. Superseding and amendatory proclamations.
- Sec. 14-36. Termination of proclamation.
- Sec. 14-37. Absence or disability of mayor.
- Sec. 14-38. Penalty.
- Sec. 14-39. Territorial applicability.
ARTICLE I.
IN GENERAL
Secs. 14-1--14-25. Reserved.
ARTICLE II.
EMERGENCIES*
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* State Law References: Municipal authority to enact ordinances regarding states of emergency, G.S. 14-288.1 et seq.
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Sec. 14-26. State of emergency; 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 if for any reason, public safety authorities are unable to maintain public order or avoid the occurrence if 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 town or any part thereof, or threatening damages to or destruction of property, the mayor is hereby authorized and empowered under G.S. 14-288.13 and 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 county, to place in effect any or all the restrictions authorized in this article.
(c) The mayor is hereby authorized and empowered to limit by the proclamation the applications of all or any part of such 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 such restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters and other public 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 county.
Sec. 14-27. Proclamation imposing prohibitions and restrictions.
(a) The mayor by proclamation may impose the prohibitions and restrictions specified in sections 14-28 through 14-33 of this article 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 chairperson 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 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.
Sec. 14-28. Evacuation.
The mayor may direct and compel the evacuation of all or part of the population of the town to describe 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 occupancy of premises therein. Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be well publicized.
Sec. 14-29. Curfew.
(a) The emergency 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.
Sec. 14-30. Restrictions on possession, consumption or transfer of alcoholic beverages.
The emergency 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 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.
Sec. 14-31. Restriction on possession, transportation and transfer of dangerous weapons and substances.
(a) The emergency 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) "Dangerous weapon or substance" means:
- 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.
- 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 used.
- 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.
(c) If imposed, the restrictions shall apply throughout the jurisdiction of the town or such part thereof as designated in the proclamation.
(d) A violation of this section shall be punishable as provided in G.S. 14-288.7.
Cross References: Hazardous material, § 16-56 et seq.
Sec. 14-32. Restrictions on access to designated areas.
(a) The emergency 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 subordinates or other law enforcement officer when directed in the proclamation to do so by the mayor. When acting under this authority, the chief of police and his 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.
Sec. 14-33. Restriction of movement, business activity, other activity.
The emergency proclamation may prohibit or restrict:
- Movements of people in public places.
- The operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.
- 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.
Sec. 14-34. Removal of prohibitions and restrictions.
The mayor shall by proclamation terminate the entire declaration of emergency or remove any of the prohibitions and restrictions when the emergency no longer requires them, or when directed to do so by the town council.
Sec. 14-35. Superseding and amendatory proclamations.
The mayor in his discretion may invoke the restrictions authorized by this article in separate proclamations, and may amend any proclamation by means of a superseding proclamation in accordance with the procedures set forth in section 14-27.
Sec. 14-36. Termination of proclamation.
Any proclamation issued under this article shall expire five days after its last imposition unless sooner terminated in writing under the same procedures set forth in section 14-27 for proclamations.
Sec. 14-37. Absence or disability of mayor.
In case of the absence or disability of the mayor, the mayor pro tem or such other person as may be designated by the council shall have and exercise all of the powers given in this article to the mayor.
Sec. 14-38. Penalty.
Except as provided in section 14-31, any person violating any prohibition or restriction imposed by a proclamation authorized by this article shall be guilty of a misdemeanor, punishable upon conviction, in accordance with section 1-6.
Sec. 14-39. Territorial applicability.
This article shall apply within the corporate limits of the town or within any area of the town over which the town has jurisdiction to enact general police-power ordinances, as fully and to the same extent as elsewhere in the town.