Posts Tagged ‘state of emergency’

New Law Requires Electronic Publication of Local State of Emergency Declarations

Tuesday, July 7th, 2020

In the most recent legislative session, the General Assembly amended the state’s emergency management act to impose new publication requirements on county and city state of emergency declarations (S.L. 2020-83, Sec. 11.7).  Prior to enactment of HB593 which amended GS 166A-19.31(d), county and city state of emergency declarations went into effect “upon publication.”  Although “publication” […]

Can Counties and Cities Order “Stay-at-Home”?

Monday, March 23rd, 2020

As state and local government officials across the country struggle to respond to the rapidly escalating coronavirus pandemic, some are exploring the need for increasingly stringent measures, including what are being referred to as “stay-at-home” restrictions (I’ll address the important point of how this term is defined below – see this blog for discussion of […]

Can Counties and Cities Shut Down Video Gaming and Sweepstakes Establishments During An Emergency?

Saturday, March 21st, 2020

As local officials in our state continue to respond to the rapidly evolving and ever-changing COVID-19 pandemic, counties and cities wrestle with difficult decisions about imposing restrictions and prohibitions under a local state of emergency declaration to address the public health and safety needs of their communities.  Among the myriad situations currently confronting local jurisdictions […]

Can Counties and Cities Close Roads During an Emergency?

Sunday, September 1st, 2019

Counties and cities are vested with broad authority to impose restrictions and prohibitions during a locally declared state of emergency (GS 166A-19.31; for more information on local state of emergency declarations, see this blog post). These restrictions and prohibitions must be included in county and city local emergency ordinances (for more discussion on the restrictions […]

Local State of Emergency Declarations – Some FAQs

Wednesday, October 5th, 2016

Hurricane Matthew is bearing down on North Carolina’s coast.  State and local officials are preparing for significant impacts.  The Governor has issued a state of emergency declaration for much of central and eastern North Carolina.  Local officials wonder whether they should issue local declarations within their own jurisdictions.  Can they?  Should they?  If so, how […]

2012 Emergency Management Legislative Wrap-up: Big Changes Ahead

Tuesday, July 17th, 2012

During the 2012 Session, the North Carolina General Assembly enacted significant legislation that completely reorganized and updated the state’s emergency management statutes, extended the legal length of law enforcement and emergency management vehicles, and created the criminal offense of terrorism.  What do these legislative actions mean for North Carolina emergency managers and local governments?

State Emergency Management Act Rewrite: More Than Changes to Emergency Firearms Restrictions

Tuesday, June 5th, 2012

In two previous blogs (here and here), I discuss a 2012 federal district court ruling (Bateman v. Perdue) on the constitutionality of North Carolina’s emergency weapons restriction statutes and the legislative response to that ruling.  The General Assembly responded to the court’s ruling by limiting the authority of cities and counties to impose restrictions and […]

Can Cities and Counties Restrict Firearms Under A State Of Emergency?

Friday, June 1st, 2012

In a previous post, I summarized a 2012 federal district court ruling on the 2nd Amendment challenge brought against restrictions on dangerous weapons that can be imposed by local governments during a declared state of emergency.  The General Assembly responded to this ruling by prohibiting restrictions and prohibitions on the lawful possession and use of […]

“Mandatory” Evacuations – Are They Really Enforceable?

Wednesday, August 24th, 2011

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory evacuation for visitors and a voluntary evacuation for county residents beginning early Wednesday morning.  The […]

Emergency Restrictions under State of Emergency Declarations – Who Can Impose What?

Wednesday, August 10th, 2011

A massive hurricane is bearing down on the coast.  Coates County issues a state of emergency declaration ordering a mandatory evacuation and prohibiting alcohol sales (just to be on the safe side).  Citizens in the Town of Albert start calling town hall wondering if they too are required to evacuate, and the local pub owner […]

Emergency Procurement – When is an emergency really an emergency?

Tuesday, June 7th, 2011

A tornado has ripped through Coatesville, damaging its water and sewer system, tearing the roof off of town hall, destroying the police department’s vehicles, and leaving tons of debris in its wake.  The town declares a state of emergency and immediately begins mobilizing to recover from the disaster.  Citizens are without water and sewer, town […]

What is Emergency Management?

Tuesday, May 24th, 2011

Next Wednesday, June 1st, marks the official kick-off of the Atlantic hurricane season.  Even as we brace for it, we need only look to the April 16th tornados in the piedmont and coastal plain to be reminded that disasters threaten all areas of North Carolina.  Winter ice storms, floods, mudslides, and tropical storms loom as […]