§ 14-288.15. Authority of Governor to exercise control in emergencies. - North Carolina Statutes

§14‑288.15.  Authority of Governor to exercise control in emergencies.

(a)        When the Governordetermines that a state of emergency exists in any part of North Carolina, hemay exercise the powers conferred by this section if he further finds thatlocal control of the emergency is insufficient to assure adequate protectionfor lives and property.

(b)        Local control shallbe deemed insufficient only if:

(1)        Needed controlcannot be imposed locally because local authorities responsible forpreservation of the public peace have not enacted appropriate ordinances orissued appropriate proclamations as authorized by G.S. 14‑288.12, 14‑288.13,or 14‑288.14; or

(2)        Local authoritieshave not taken implementing steps under such ordinances or proclamations, ifenacted or proclaimed, for effectual control of the emergency that has arisen;or

(3)        The area in whichthe state of emergency exists has spread across local jurisdictional boundariesand the legal control measures of the jurisdictions are conflicting oruncoordinated to the extent that efforts to protect life and property are, orunquestionably will be, severely hampered; or

(4)        The scale of theemergency is so great that it exceeds the capability of local authorities tocope with it.

(c)        The Governor whenacting under the authority of this section may:

(1)        By proclamationimpose prohibitions and restrictions in all areas affected by the state ofemergency; and

(2)        Give to allparticipating State and local agencies and officers such directions as may benecessary to assure coordination among them.  These directions may include thedesignation of the officer or agency responsible for directing and controllingthe participation of all public agencies and officers in the emergency.  TheGovernor may make this designation in any manner which, in his discretion,seems most likely to be effective.  Any law‑enforcement officerparticipating in the control of a state of emergency in which the Governor isexercising control under this section shall have the same power and authorityas a sheriff throughout the territory to which he is assigned.

(d)        The Governor in hisdiscretion, as appropriate to deal with the emergency then occurring or likelyto occur, may impose any one or more or all of the types of prohibitions andrestrictions enumerated in G.S. 14‑288.12(b), and may amend or rescindany prohibitions and restrictions imposed by local authorities.

(e)        Any person whoviolates any provision of a proclamation of the Governor issued under theauthority of this section is guilty of a Class 2 misdemeanor. (1969,c. 869, s. 1; 1993, c. 539, s. 197; 1994, Ex. Sess., c. 24, s. 14(c).)