§ 14-51. State of emergency; imposition of restrictions.

(a)

A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, civil disturbance, catastrophe or for any other reasons, municipal public safety authorities are unable to maintain public order or afford adequate protection for life, safety, health, welfare or property.

(b)

In the event of a state of emergency threatening or endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor of the city is authorized and empowered 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, safety and property of people within the city impose restrictions upon:

(1)

Movements of people in public places;

(2)

The operation of offices, business establishments and other places to or from which people may travel or at which they may congregate;

(3)

The possession, transportation, sale, purchase and consumption of alcoholic beverages;

(4)

The possession, transportation, sale, purchase, storage and use of dangerous weapons and substances, and gasoline;

(5)

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.

(c)

The mayor is authorized and empowered to limit the application of such restrictions to any area specifically designated and described within the jurisdiction of the city and to specific hours of the day or night; and to exempt from the restrictions police officers, firefighters, doctors, nurses 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 the people within the city.

(d)

The mayor shall proclaim the end of such state of emergency and restrictions as soon as circumstances warrant or when directed to do so by the city council.

(e)

The city council shall be notified within twenty-four (24) hours after a state of emergency has been proclaimed by the mayor.

(f)

During the existence of a proclaimed state of emergency it shall be unlawful for any person to violate the restrictions imposed by the mayor.

(Code 1959, § 14-50; Ord. No. 3-03, 2-18-03)

State law reference

Ordinance dealing with state of emergency authorized, G.S. § 14-288.12.