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 Shelby
 Code of Ordinances
 Chapter 14. CIVIL EMERGENCIES
 Article II. STATE OF EMERGENCY

§ 14-31. Curfew.

Latest version.

  • (a)

    Emergencies.

    (1)

    A state of emergency shall be deemed to exist whenever, during times of public crisis, disaster, rioting, catastrophe or similar public emergency, or for any reason, the property, lives, safety, health and welfare of the citizens of the city are endangered, or if public safety authorities are unable to maintain public order or afford adequate protection for lives or property.

    (2)

    If an existing or threatened state of emergency endangers the lives, safety, health and welfare of the people within the city, or threatens damage to or destruction of property, the mayor may issue a public proclamation declaring to all persons the existence of such a state of emergency, and in order to more effectively protect the lives and property of people within the city, may place in effect any or all of the restrictions authorized in this section.

    (3)

    The mayor may limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the city and to specific hours of the day or night; and may exempt from all or any part of such restrictions law enforcement officers, firefighters and other public employees; doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the city.

    (4)

    The mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the city council.

    (5)

    During the existence of a proclaimed state of emergency, the mayor may impose by proclamation any or all of the following restrictions:

    a.

    Prohibit or regulate the possession off one's own premises of explosives, firearms, ammunition or dangerous weapons of any kind, and prohibit their purchase, sale, transfer or other disposition;

    b.

    Prohibit or regulate the buying or selling of beer, wine or intoxicating beverages of any kind, and their possession or consumption off one's own premises;

    c.

    Prohibit or regulate any demonstration, parade, march, vigil, or participation therein from taking place on any of the public ways or upon any public property;

    d.

    Prohibit or regulate the sale of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances;

    e.

    Prohibit or regulate travel upon any public street, alley or roadway or upon any other public property, except by those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member of the family;

    f.

    Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other places of public assembly;

    g.

    Prohibit or regulate the use or consumption of the product of any public enterprise as defined by G.S. 160A-311;

    (6)

    Any proclamation may be extended, altered or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation;

    (7)

    During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this section.

    (b)

    Nonemergencies.

    (1)

    If a state of emergency does not exist, the mayor may declare and impose a curfew within the city limits whenever it appears to him that the safety, health, protection and general welfare of the people require and make it necessary to do so; and he shall have full authority to designate the time of day or night that all people within the city limits shall remain off the streets, sidewalks, public grounds, school property, church property and any other property that the mayor may designate. The mayor shall have authority to fix and designate the time when the curfew shall begin and the time when it shall end during each day and the days that it shall be in force and effect.

    (2)

    Due notice of the imposing of such curfew shall be given by all practical means, but notice by radio announcements and by public address from motor vehicles shall be sufficient notice.

    (3)

    All law enforcement officers shall remain on duty during the time of such curfew and shall be responsible for the enforcement of the provisions of this subsection.

    (4)

    After the mayor has proclaimed and designated a curfew, no person shall remain on the streets, sidewalks, public grounds and other property designated by the mayor.

(Code 1985, § 13-25; Ord. No. 23-2002, §§ 1, 2, 8-5-2002)

State law reference

Authority to enact ordinances regarding state of emergency; violations of local emergency curfew, G.S. 14-288.12; authority to impose nonemergency juvenile curfews, G.S. 153A-142, 160A-198.