2005 North Carolina Code - General Statutes § 14-288.14. Power of chairman of board of county commissioners to extend emergency restrictions imposed in municipality.

§ 14‑288.14.  Power of chairman of board of county commissioners to extend emergency restrictions imposed in municipality.

(a)       The chairman of the board of commissioners of any county who has been requested to do so by a mayor may by proclamation extend the effect of any one or more of the prohibitions and restrictions imposed in that mayor's municipality pursuant to the authority granted in G.S. 14‑288.12.  The chairman may extend such prohibitions and restrictions to any area within his county in which he determines it to be necessary to assist in controlling the state of emergency within the municipality.  No prohibition or restriction extended by proclamation by the chairman under the authority of this section shall apply within the limits of any other municipality, or within any area of the county over which the municipality has jurisdiction to enact general police‑power ordinances, unless that other municipality by resolution consents to its application.

(b)       Whenever any chairman of the board of county commissioners extends the effect of municipal prohibitions and restrictions under the authority of this section to any area of the county, it shall be deemed that a state of emergency has been validly found and declared with respect to such area of the county.

(c)       Any chairman of a board of county commissioners extending prohibitions and restrictions under the authority of this section must take reasonable steps to give notice of its terms to those likely to be affected.  The chairman of the board of commissioners shall proclaim the termination of any prohibitions and restrictions extended under the authority of this section upon:

(1)       His determination that they are no longer necessary; or

(2)       The determination of the board of county commissioners that they are no longer necessary; or

(3)       The termination of the prohibitions and restrictions within the municipality.

(d)       The powers authorized under this section may be exercised whether or not the county has enacted ordinances under the authority of G.S. 14‑288.13.  Exercise of this authority shall not preclude the imposition of prohibitions and restrictions under any ordinances enacted by the county under the authority of G.S. 14‑288.13.

(e)       Any person who violates any provision of any prohibition or restriction extended by proclamation under the authority of this section is guilty of a Class 3 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 196; 1994, Ex. Sess., c. 14, s. 7, c. 24, s. 14(c).)