North Carolina § 14-288 - 1. Definitions.

§ 14-288. 1. Definitions.

Unless the context clearly requires otherwise, the following definitions apply in this Article: Chairman of the board of county commissioners. - The chairman of the board of county commissioners or, in case of the chairman's absence or disability, the person authorized to act in the chairman's stead. Unless the governing body of the county has specified who is to act in lieu of the chairman with respect to a particular power or duty set out in this Article, the term "chairman of the board of county commissioners" shall apply to the person generally authorized to act in lieu of the chairman. Dangerous weapon or substance. - Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device, as defined in G.S. 14-288.8(c)(5), or any instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property; or any instrument or substance that is capable of being used to inflict serious bodily injury, when the circumstances indicate a probability that such instrument or substance will be so used; or any part or ingredient in any instrument or substance included above, when the circumstances indicate a probability that such part or ingredient will be so used. Declared state of emergency. - A state of emergency as that term is defined in G.S. 166A-19.3 or a state of emergency found and declared by any chief executive official or acting chief executive official of any county or municipality acting under the authority of any other applicable statute or provision of the common law to preserve the public peace in a state of emergency, or by any executive official or military commanding officer of the United States or the State of North Carolina who becomes primarily responsible under applicable law for the preservation of the public peace within any part of North Carolina. Disorderly conduct. - As defined in G.S. 14-288.4(a). Emergency. - As defined in G.S. 166A-19.3. Law enforcement officer. - Any officer of the State of North Carolina or any of its political subdivisions authorized to make arrests; any other person authorized under the laws of North Carolina to make arrests and either acting within that person's territorial jurisdiction or in an area in which that person has been lawfully called to duty by the Governor or any mayor or chairman of the board of county commissioners; any member of the Armed Forces of the United States, the North Carolina National Guard, or the North Carolina State Defense Militia called to duty in a state of emergency in North Carolina and made responsible for enforcing the laws of North Carolina or preserving the public peace; or any officer of the United States authorized to make arrests without warrant and assigned to duties that include preserving the public peace in North Carolina. Mayor. - The mayor or other chief executive official of a municipality or, in case of that person's absence or disability, the person authorized to act in that person's stead. Unless the governing body of the municipality has specified who is to act in lieu of the mayor with respect to a particular power or duty set out in this Article, the word "mayor" shall apply to the person generally authorized to act in lieu of the mayor. Municipality. - Any active incorporated city or town, but not including any sanitary district or other municipal corporation that is not a city or town. An "active" municipality is one which has conducted the most recent election required by its charter or the general law, whichever is applicable, and which has the authority to enact general police-power ordinances. Public disturbance. - Any annoying, disturbing, or alarming act or condition exceeding the bounds of social toleration normal for the time and place in question which occurs in a public place or which occurs in, affects persons in, or is likely to affect persons in a place to which the public or a substantial group has access. The places covered by this definition shall include, but not be limited to, highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. Riot. - As defined in G.S. 14-288.2(a). Repealed by Session Laws 2012-12, s. 2(a), effective October 1, 2012. History (1969, c. 869, s. 1; 1975, c. 718, s. 5; 2009-281, s. 1; 2011-183, s. 10; 2012-12, s. 2(a).) Cross References. - As to the Governor ordering a cessation of all sales, manufacture, and delivery of alcoholic beverages during a state of emergency, see G.S. 18B-110 . As to emergency management, generally, see G.S. 166A-19 et seq. As to additional powers of Governor during states of emergency, see G.S. 166A-19.30 . As to power of municipalities and counties to enact ordinances to deal with states of emergency, see G.S. 166A-19.31 . Editor's Note. - Session Laws 2012-12, s. 1(c), effective October 1, 2012, rewrote the Article 36A heading, which formerly read "Riots and Civil Disorders." Effect of Amendments. - Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" in subdivision (5). Session Laws 2011-183, s. 10, effective June 20, 2011, in subdivision (1), twice substituted "the chairman's" for "his"; in subdivision (5), substituted "Armed Forces" for "armed forces" and "North Carolina State Defense Militia" for "State defense militia," and made minor stylistic changes; and in subdivision (6), twice substituted "that person's" for "his." Session Laws 2012-12, s. 2(a), effective October 1, 2012, substituted "following definitions apply in this Article" for "definitions in this section apply throughout this Article" in the introductory paragraph; in subdivision (3), added "as that term is defined in G.S. 166A-19.3 or a state of emergency" and substituted "declared by" for "proclaimed by the Governor under the authority of G.S. 14-288.15, by any mayor or other municipal official or officials under the authority of G.S. 14-288.12 , by any chairman of the board of commissioners of any county or other county official or officials under the authority of G.S. 14-288.13, by any chairman of the board of county commissioners acting under the authority of G.S. 14-288.14, by"; added subdivision (4a); deleted subdivision (10), defining "State of emergency"; and made minor punctuation changes.