Unless the context clearlyrequires otherwise, the definitions in this section apply throughout thisArticle:
(1) "Chairman ofthe board of county commissioners": The chairman of the board of countycommissioners or, in case of his absence or disability, the person authorizedto act in his stead. Unless the governing body of the county has specified whois to act in lieu of the chairman with respect to a particular power or dutyset out in this Article, the term "chairman of the board of countycommissioners" shall apply to the person generally authorized to act inlieu of the chairman.
(2) "Dangerousweapon or substance": Any deadly weapon, ammunition, explosive, incendiarydevice, 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 ofserious bodily injury or destruction of property; or any instrument orsubstance that is capable of being used to inflict serious bodily injury, whenthe circumstances indicate a probability that such instrument or substance willbe so used; or any part or ingredient in any instrument or substance includedabove, when the circumstances indicate a probability that such part or ingredientwill be so used.
(3) "Declared stateof emergency": A state of emergency found and proclaimed by the Governorunder the authority of G.S. 14‑288.15, by any mayor or other municipalofficial or officials under the authority of G.S. 14‑288.12, by anychairman of the board of commissioners of any county or other county officialor officials under the authority of G.S. 14‑288.13, by any chairman ofthe board of county commissioners acting under the authority of G.S. 14‑288.14,by any chief executive official or acting chief executive official of anycounty or municipality acting under the authority of any other applicablestatute or provision of the common law to preserve the public peace in a stateof emergency, or by any executive official or military commanding officer ofthe United States or the State of North Carolina who becomes primarilyresponsible under applicable law for the preservation of the public peacewithin any part of North Carolina.
(4) "Disorderlyconduct": As defined in G.S. 14‑288.4(a).
(5) "Law‑enforcementofficer": Any officer of the State of North Carolina or any of itspolitical subdivisions authorized to make arrests; any other person authorizedunder the laws of North Carolina to make arrests and either acting within histerritorial jurisdiction or in an area in which he has been lawfully called toduty by the Governor or any mayor or chairman of the board of countycommissioners; any member of the armed forces of the United States, the NorthCarolina National Guard, or the State defense militia called to duty in a stateof emergency in North Carolina and made responsible for enforcing the laws ofNorth Carolina or preserving the public peace; or any officer of the UnitedStates authorized to make arrests without warrant and assigned to duties thatinclude preserving the public peace in North Carolina.
(6) "Mayor":The mayor or other chief executive official of a municipality or, in case ofhis absence or disability, the person authorized to act in his stead. Unlessthe governing body of the municipality has specified who is to act in lieu ofthe mayor with respect to a particular power or duty set out in this Article,the word "mayor" shall apply to the person generally authorized toact in lieu of the mayor.
(7) "Municipality":Any active incorporated city or town, but not including any sanitary districtor other municipal corporation that is not a city or town. An"active" municipality is one which has conducted the most recentelection required by its charter or the general law, whichever is applicable,and which has the authority to enact general police‑power ordinances.
(8) "Publicdisturbance": Any annoying, disturbing, or alarming act or conditionexceeding the bounds of social toleration normal for the time and place in questionwhich occurs in a public place or which occurs in, affects persons in, or islikely to affect persons in a place to which the public or a substantial grouphas access. The places covered by this definition shall include, but not belimited to, highways, transport facilities, schools, prisons, apartment houses,places of business or amusement, or any neighborhood.
(9) "Riot": Asdefined in G.S. 14‑288.2(a).
(10) "State ofemergency": The condition that exists whenever, during times of publiccrisis, disaster, rioting, catastrophe, or similar public emergency, publicsafety authorities are unable to maintain public order or afford adequateprotection for lives or property, or whenever the occurrence of any suchcondition is imminent. (1969, c. 869, s. 1; 1975, c. 718, s. 5; 2009‑281, s. 1.)
Unless the context clearlyrequires otherwise, the definitions in this section apply throughout thisArticle:
(1) "Chairman ofthe board of county commissioners": The chairman of the board of countycommissioners or, in case of his absence or disability, the person authorizedto act in his stead. Unless the governing body of the county has specified whois to act in lieu of the chairman with respect to a particular power or dutyset out in this Article, the term "chairman of the board of countycommissioners" shall apply to the person generally authorized to act inlieu of the chairman.
(2) "Dangerousweapon or substance": Any deadly weapon, ammunition, explosive, incendiarydevice, 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 ofserious bodily injury or destruction of property; or any instrument orsubstance that is capable of being used to inflict serious bodily injury, whenthe circumstances indicate a probability that such instrument or substance willbe so used; or any part or ingredient in any instrument or substance includedabove, when the circumstances indicate a probability that such part or ingredientwill be so used.
(3) "Declared stateof emergency": A state of emergency found and proclaimed by the Governorunder the authority of G.S. 14‑288.15, by any mayor or other municipalofficial or officials under the authority of G.S. 14‑288.12, by anychairman of the board of commissioners of any county or other county officialor officials under the authority of G.S. 14‑288.13, by any chairman ofthe board of county commissioners acting under the authority of G.S. 14‑288.14,by any chief executive official or acting chief executive official of anycounty or municipality acting under the authority of any other applicablestatute or provision of the common law to preserve the public peace in a stateof emergency, or by any executive official or military commanding officer ofthe United States or the State of North Carolina who becomes primarilyresponsible under applicable law for the preservation of the public peacewithin any part of North Carolina.
(4) "Disorderlyconduct": As defined in G.S. 14‑288.4(a).
(5) "Law‑enforcementofficer": Any officer of the State of North Carolina or any of itspolitical subdivisions authorized to make arrests; any other person authorizedunder the laws of North Carolina to make arrests and either acting within histerritorial jurisdiction or in an area in which he has been lawfully called toduty by the Governor or any mayor or chairman of the board of countycommissioners; any member of the armed forces of the United States, the NorthCarolina National Guard, or the State defense militia called to duty in a stateof emergency in North Carolina and made responsible for enforcing the laws ofNorth Carolina or preserving the public peace; or any officer of the UnitedStates authorized to make arrests without warrant and assigned to duties thatinclude preserving the public peace in North Carolina.
(6) "Mayor":The mayor or other chief executive official of a municipality or, in case ofhis absence or disability, the person authorized to act in his stead. Unlessthe governing body of the municipality has specified who is to act in lieu ofthe mayor with respect to a particular power or duty set out in this Article,the word "mayor" shall apply to the person generally authorized toact in lieu of the mayor.
(7) "Municipality":Any active incorporated city or town, but not including any sanitary districtor other municipal corporation that is not a city or town. An"active" municipality is one which has conducted the most recentelection required by its charter or the general law, whichever is applicable,and which has the authority to enact general police‑power ordinances.
(8) "Publicdisturbance": Any annoying, disturbing, or alarming act or conditionexceeding the bounds of social toleration normal for the time and place in questionwhich occurs in a public place or which occurs in, affects persons in, or islikely to affect persons in a place to which the public or a substantial grouphas access. The places covered by this definition shall include, but not belimited to, highways, transport facilities, schools, prisons, apartment houses,places of business or amusement, or any neighborhood.
(9) "Riot": Asdefined in G.S. 14‑288.2(a).
(10) "State ofemergency": The condition that exists whenever, during times of publiccrisis, disaster, rioting, catastrophe, or similar public emergency, publicsafety authorities are unable to maintain public order or afford adequateprotection for lives or property, or whenever the occurrence of any suchcondition is imminent. (1969, c. 869, s. 1; 1975, c. 718, s. 5; 2009‑281, s. 1.)
Unless the context clearlyrequires otherwise, the definitions in this section apply throughout thisArticle:
(1) "Chairman ofthe board of county commissioners": The chairman of the board of countycommissioners or, in case of his absence or disability, the person authorizedto act in his stead. Unless the governing body of the county has specified whois to act in lieu of the chairman with respect to a particular power or dutyset out in this Article, the term "chairman of the board of countycommissioners" shall apply to the person generally authorized to act inlieu of the chairman.
(2) "Dangerousweapon or substance": Any deadly weapon, ammunition, explosive, incendiarydevice, 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 ofserious bodily injury or destruction of property; or any instrument orsubstance that is capable of being used to inflict serious bodily injury, whenthe circumstances indicate a probability that such instrument or substance willbe so used; or any part or ingredient in any instrument or substance includedabove, when the circumstances indicate a probability that such part or ingredientwill be so used.
(3) "Declared stateof emergency": A state of emergency found and proclaimed by the Governorunder the authority of G.S. 14‑288.15, by any mayor or other municipalofficial or officials under the authority of G.S. 14‑288.12, by anychairman of the board of commissioners of any county or other county officialor officials under the authority of G.S. 14‑288.13, by any chairman ofthe board of county commissioners acting under the authority of G.S. 14‑288.14,by any chief executive official or acting chief executive official of anycounty or municipality acting under the authority of any other applicablestatute or provision of the common law to preserve the public peace in a stateof emergency, or by any executive official or military commanding officer ofthe United States or the State of North Carolina who becomes primarilyresponsible under applicable law for the preservation of the public peacewithin any part of North Carolina.
(4) "Disorderlyconduct": As defined in G.S. 14‑288.4(a).
(5) "Law‑enforcementofficer": Any officer of the State of North Carolina or any of itspolitical subdivisions authorized to make arrests; any other person authorizedunder the laws of North Carolina to make arrests and either acting within histerritorial jurisdiction or in an area in which he has been lawfully called toduty by the Governor or any mayor or chairman of the board of countycommissioners; any member of the armed forces of the United States, the NorthCarolina National Guard, or the State defense militia called to duty in a stateof emergency in North Carolina and made responsible for enforcing the laws ofNorth Carolina or preserving the public peace; or any officer of the UnitedStates authorized to make arrests without warrant and assigned to duties thatinclude preserving the public peace in North Carolina.
(6) "Mayor":The mayor or other chief executive official of a municipality or, in case ofhis absence or disability, the person authorized to act in his stead. Unlessthe governing body of the municipality has specified who is to act in lieu ofthe mayor with respect to a particular power or duty set out in this Article,the word "mayor" shall apply to the person generally authorized toact in lieu of the mayor.
(7) "Municipality":Any active incorporated city or town, but not including any sanitary districtor other municipal corporation that is not a city or town. An"active" municipality is one which has conducted the most recentelection required by its charter or the general law, whichever is applicable,and which has the authority to enact general police‑power ordinances.
(8) "Publicdisturbance": Any annoying, disturbing, or alarming act or conditionexceeding the bounds of social toleration normal for the time and place in questionwhich occurs in a public place or which occurs in, affects persons in, or islikely to affect persons in a place to which the public or a substantial grouphas access. The places covered by this definition shall include, but not belimited to, highways, transport facilities, schools, prisons, apartment houses,places of business or amusement, or any neighborhood.
(9) "Riot": Asdefined in G.S. 14‑288.2(a).
(10) "State ofemergency": The condition that exists whenever, during times of publiccrisis, disaster, rioting, catastrophe, or similar public emergency, publicsafety authorities are unable to maintain public order or afford adequateprotection for lives or property, or whenever the occurrence of any suchcondition is imminent. (1969, c. 869, s. 1; 1975, c. 718, s. 5; 2009‑281, s. 1.)
