2005 North Carolina Code - General Statutes § 14-288.15. Authority of Governor to exercise control in emergencies.

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

(a)       When the Governor determines that a state of emergency exists in any part of North Carolina, he may exercise the powers conferred by this section if he further finds that local control of the emergency is insufficient to assure adequate protection for lives and property.

(b)       Local control shall be deemed insufficient only if:

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

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

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

(4)       The scale of the emergency is so great that it exceeds the capability of local authorities to cope with it.

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

(1)       By proclamation impose prohibitions and restrictions in all areas affected by the state of emergency; and

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

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

(e)       Any person who violates any provision of a proclamation of the Governor issued under the authority 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).)