2005 North Carolina Code - General Statutes § 14-288.12. Powers of municipalities to enact ordinances to deal with states of emergency.

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

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

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

(1)       Of movements of people in public places;

(2)       Of the operation of offices, business establishments, and other places to or from which people may travel 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 and substances, and gasoline; and

(5)       Upon 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.

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

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

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

(e)       Any person who violates any provision of an ordinance or a proclamation enacted or proclaimed under 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).)