Orange County NC Website
Browse       Search
36 <br /> Elected Official's Guide to Emergencies and Disasters <br /> Part 5. Additional Powers During States of Emergency. <br /> 166A-19.31. Power of municipalities and counties to enact ordinances to deal with <br /> states of emergency. <br /> (a) Authority to Enact Prohibitions and Restrictions. — The governing body of any <br /> municipality or county may enact ordinances designed to permit the imposition of <br /> prohibitions and restrictions within the emergency area during a state of emergency <br /> declared pursuant to G.S. 166A-19.22. Authority to impose by declaration prohibitions <br /> and restrictions under this section, and to impose those prohibitions and restrictions at a <br /> particular time as appropriate, may be delegated by ordinance to the mayor of a <br /> municipality or to the chair of the board of county commissioners of a county. <br /> (b) Type of Prohibitions and Restrictions Authorized. — The ordinances authorized by <br /> this section may permit prohibitions and restrictions: <br /> (1) Of movements of people in public places, including imposing a curfew; directing <br /> and compelling the voluntary or mandatory evacuation of all or part of the population <br /> from any stricken or threatened area within the governing body's jurisdiction; <br /> prescribing routes, modes of transportation, and destinations in connection with <br /> evacuation; and controlling ingress and egress of an emergency area, and the <br /> movement of persons within the area. <br /> (2) Of the operation of offices, business establishments, and other places to or from <br /> which people may travel or at which they may congregate. <br /> (3) Upon the possession, transportation, sale, purchase, and consumption of <br /> alcoholic beverages. <br /> (4) Upon the possession, transportation, sale, purchase, storage, and use of <br /> gasoline, and dangerous weapons and substances, except that this subdivision does <br /> not authorize prohibitions or restrictions on lawfully possessed firearms or <br /> ammunition. As used in this subdivision, the term "dangerous weapons and <br /> substances" has the same meaning as it does under G.S. 14-288.1 . As used in this <br /> subdivision, the term "firearm" has the same meaning as it does under G.S. 14- <br /> 409.39(2). <br /> (5) Upon other activities or conditions the control of which may be reasonably <br /> necessary to maintain order and protect lives or property during the state of <br /> emergency. <br /> The ordinances authorized by this section need not require or provide for the imposition <br /> of all of the types of prohibitions or restrictions, or any particular prohibition or <br /> restriction, authorized by this section during an emergency but may instead authorize <br /> the official or officials who impose those prohibitions or restrictions to determine and <br /> impose the prohibitions or restrictions deemed necessary or suitable to a particular state <br /> of emergency. <br /> (c) When Ordinances Take Effect. — Notwithstanding any other provision of law, <br /> whether general or special, relating to the promulgation or publication of ordinances by <br /> 33 1 <br />