§ 14-288.12. Powers of municipalities to enact ordinances to deal with states of emergency. - North Carolina Statutes

§ 14‑288.12.  Powers ofmunicipalities to enact ordinances to deal with states of emergency.

(a)        The governing bodyof any municipality may enact ordinances designed to permit the imposition ofprohibitions and restrictions during a state of emergency.

(b)        The ordinancesauthorized by this section may permit prohibitions and restrictions:

(1)        Of movements ofpeople in public places, including directing and compelling the evacuation ofall or part of the population from any stricken or threatened area within thegoverning body's jurisdiction, to prescribe routes, modes of transportation,and destinations in connection with evacuation; and to control ingress andegress of a disaster area, and the movement of persons within the area;

(2)        Of the operation ofoffices, business establishments, and other places to or from which people maytravel or at which they may congregate;

(3)        Upon the possession,transportation, sale, purchase, and consumption of alcoholic beverages;

(4)        Upon the possession,transportation, sale, purchase, storage, and use of dangerous weapons andsubstances, and gasoline; and

(5)        Upon otheractivities or conditions the control of which may be reasonably necessary tomaintain order and protect lives or property during the state of emergency.

The ordinances may delegate tothe mayor of the municipality the authority to determine and proclaim theexistence of a state of emergency, and to impose those authorized prohibitionsand restrictions appropriate at a particular time.

(c)        This section is intendedto supplement and confirm the powers conferred by G.S. 160A‑174(a), andall other general and local laws authorizing municipalities to enact ordinancesfor the protection of the public health and safety in times of riot or othergrave civil disturbance or emergency.

(d)        Any ordinance of atype authorized by this section promulgated prior to June 19, 1969 shall, ifotherwise valid, continue in full force and effect without reenactment.

(e)        Any person whoviolates any provision of an ordinance or a proclamation enacted or proclaimedunder the authority of this section is guilty of a Class 3 misdemeanor.  (1969, c. 869, s. 1; 1981,c. 412, s. 4(4); c. 747, s. 66; 1989, c. 770, s. 2; 1993, c. 539, s. 194; 1994,Ex. Sess., c. 24, s. 14(c); 2009‑146, s. 1.)