Foun of Pembroke PEMBROKE, NORTH CAROLINA 26372 OFFICE oF THE MAYOR MUNICIPAL BUILDING. 100 SOUTH UNION CHAPEL ROAD DECLARATION ISSUING A STATE OF EMERGENCY WITHIN THE TOWN OF PEMBROKE, NORTH CAROLINA, PURSUANT TO ARTICLEZA, CHAPTER 166A, NCGS SECTION 166A-19.22 AND NCGS SECTION 166A-19.31 and CHAPTER 12, ARTICLE IV OF THE CODE OF ORDINANCES FOR THE TOWN OF PEMBROKE _ Whereas, NCGS SECTION 166A-19.31 authorizes the municipality to prohibit and restrict the movement. of people in public places, including by (2) imposing a curfew; (b) controlling the movement of persons within an emergency area; and (c) closing streets, roads, highways, and other areas ordinarily used for vehicular travel, except to the movement of persons necessary for recovery from the emergency; and ‘Whereas, NCGS SECTION 166A-19.31{b)(2) authorizes the municipality to prohibit and restrict the operation of offices, business establishments, and other places to and from which people may travel or at which they may congregate; and Whereas, NCGS SECTION 166A-19.31(b)(2) authorizes the municipality to prohibit and restrict activities which may be reasonably necessary to maintain order and protect lives and property during a state of emergency; and Whereas, NCGS SECTION 166A-19.31(b)(3) authorizes the municipality to prohibit the possession, transportation, sale, purchase, and consumption of alcoholic beverages; and Whereas, Chapter 12, Article IV, Code of Ordinances for the Town of Pembroke authorizes the Mayor to prohibit or regulate the possession of explosives, firearms, ammunition or dangerous weapons or substances of any kind except on one’s own private property; and Whereas, Chapter 12, Article IV, Code of Ordinances for the Town of Pembroke authorizes the Mayor to 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; and Whereas, Chapter 10, Article|, Section 10-2 entitled “Certain activities prohibited” provides that a person is prohibited from carrying any firearm or any weapon or article that might constitute a deadly weapon if said individual is a part of any parade or group demonstration; and Whereas, Chapter 10, Article Il, Section 10-17 defines “demonstration” as “any formation, procession or assembly of persons which, for the purpose of expressive activity, is: (a) to assemble or travel in unison PHONE (910) 521-9758 © FAX (910) 521-0472fon any street in a manner that does not comply with normal or usual traffic regulations or controls; or {B) to gather at a public park or other public area;” and ‘Whereas, Chapter 20, Article Il, Section 10-17 defines “parade” as “any march, race, presentation, ceremony, pageant or procession of any persons and conveyances of any sort moving upon any public street or sidewalk of the city, which does not comply with normal traffic regulations,” and ‘Whereas, the Governor of North Carolina's Executive Order No. 141 provides that there shall be no mass gatherings of individuals greater than twenty-five (25) people outdoors at the sarne time in a single outdoor space; and Whereas, the Governor of North Carolina's Executive Order No. 147 provides that individuals shall wear face coverings whether they are inside or outside unless an exception applies; and ‘Whereas, on June 26, 2020, there was a peaceful protest organized by UNC Pembroke students and “counter” protestors observing said event were in possession of multiple firearms and consuming alcohol; and Whereas, there was name-calling, the use of racial slurs, and threats of physical harm during said event, as well as cans and bottles being thrown at the protestors; and ‘Whereas, since said event, there have been multiple posts from multiple individuals on social media sites threatening future demonstrations and violence in the Town of Pembroke; and Whereas, civil unrest has created a state of emergency in the Town of Pembroke; and Whereas, there is an existing or threatened state of emergency endangering lives, safety, health, and welfare of the people within the Town of Pembroke; and Whereas, municipal public safety authorities may be unable to maintain public order or afford adequate protection for lives, safety, or property, without the issuance ofthis declaration; and Whereas, there have been multiple gatherings of individuals within the Town of Pembroke that violate Executive Order No. 141; and ‘Whereas, individuals are not complying with the requirement of face coverings pursuant to the Executive Order No. 147; and Whereas, pursuant to the authority contained in ARTICLE 1A, CHAPTER 166A, and Chapter 12, Article IV of the Code of Ordinances for the Town of Pembroke, the Mayor of the Town of Pembroke proclaims the existence of a State of Emergency in the Town of Pembroke; andWhereas, the Mayor further proclaims that the public safety measures set forth below are necessary to maintain public order and protect lives and property during the emergency and that the same shall be in effect in the Town of Pembroke until this declaration is rescinded; and Now Therefore, the Mayor of the Town of Pembroke hereby declares a State of Emergency in the Town of Pembroke as set forth below commencing on the Ist day of July, 2020, and continuing until terminated by appropriate declaration issuing the same: Section 1. Public Safety Curfew. & curfew shall be imposed for citizens within the Town of Pembroke, from 8:00 p.m, to 6:00 a.m. for all persons; and during such curfew, all individuals except as stated below shall not be or travel upon any public street or roadway or upon public property. For purposes of this declaration, this curfew does not apply to: a. Lawenforcement officers, firefighters on duty or responding to an emergency, and other public employees; b. Rescue squad members, doctors, nurses, employees of hospitals, and other medical facilities; ¢ On-duty military personnel, whether state or federal; d. On-duty employees of public utilities, public transportation companies, and newspaper, ‘magazine, radio oF television broadcasting companies; Any person traveling directly between their place of work and their residence; and f. Any person fleeing dangerous circumstances or experiencing homelessness. Section 2. Restricted Access. Travel upon any public street or roadway or upon other public property is prohibited during the stated hours of curfew, except by those in need of medical attention, food, or other commodity or service necessary to sustain the well-being of themselves or their family members. Section 3, Restricted Business and Congregation. No retail business activity, keeping open of public places of business, entertainment, or any other place of public assembly to or from which people may travel or at which they may congregate is permitted in Town of Pembroke during the stated hours of curfew, Section 4, No Alcoholic Beverages. There shall be no consumption or possession of alcoholic beverages within the Town of Pembroke, except possession or consumption is allowed on a persons own private property or in any restaurant with a duly authorized liquor license Section 5. No Dangerous Weapons. There shall be no possession, public display, or use of dangerous weapons in the Town of Pembroke during this emergency declaration, Furthermore, pursuant to NCGS SECTION 14-277.2, itis unlawful for any person participating in or as a spectator at any parade, picket line, or demonstration to be on any public property and willfully or intentionally possess or have Immediate access to any dangerous weapon. This declaration does not authorize prohibitions or restrictions on lawfully possessed firearms. As used in this section, the term “dangerous weapon” has the same meaning as it does in NCGS SECTION 14-288.1. As used in this section, the term “firearm” hasthe same meaning as it does in NCGS SECTION 14-409.39(2). For the purposes of this declaration, this section does not apply to duly authorized law enforcement officers in the performance of their duties. Section 6. No Demonstrations, Marches, or Parades. There shall be no demonstration, parade, march, or participation in any such events on any of the public ways or any public property within the Town of Pembroke. As used in this declaration, the terms “demonstration” and “parade” have the same meaning as under Chapter 10, Article Il, Section 10-17 of the Code of Ordinances for the Town of Pembroke. All public offices and employees of the Town are hereby directed to exercise the utmost diligence in the discharge of duties required of them for the duration of the emergency and In execution of emergency laws, regulations, and directives—local, state, and Federal. All citizens are called upon and directed to comply with necessary emergency measures, to cooperate ‘with public officials in executing emergency operations plans and to obey and comply with the lawful directions of properly identified officers. The Mayor of the Town of Pembroke shall, by declaration, be authorized to terminate the entire state of emergency declaration or remove any of the bans and restrictions whenever the emergency no longer requires them or when directed to do so by the Town Council of the Town of Pembroke. A copy of this declaration shall be posted on the door of the Town of Pembroke Municipal Building by ‘the clerk, posted on the Town’s website and disseminated to the mass communications media that serve the area. Any individual who violates any provision of this ordinance or a declaration enacted or declared pursuant to this section shall be guilty of a Class 2 misdemeanor in accordance with in NCGS SECTION 14-288.20A or a misdemeanor per NCGS SECTION 14-4, ‘This proclamation shall become effective immediately. ‘Adopted and Proclaimed this the 1st day of July, 2020 at 1: 30 p.m. C. Gregory immings, Maye Town of Pémbroke ATTEST: Amira Hunt, Town Clerk