NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 869
HOUSE BILL 321
AN ACT TO REVISE AND CLARIFY THE LAW RELATING TO RIOTS AND CIVIL DISORDERS.
The General Assembly of North Carolina do enact:
Section 1. Chapter 14 of the General Statutes of North Carolina is amended to add a new article as follows:
"Article 36A.
"Riots and Civil Disorders.
"Sec. 14-288.1. Definitions. Unless the context clearly requires otherwise, the definitions in this Section apply throughout this Article:
"Chairman of the Board of County Commissioners: The chairman of the board of county commissioners or, in case of his absence or disability, the person authorized to act in his 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, 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 found and proclaimed by the Governor under the authority of Section 14-288.15, by any mayor or other municipal official or officials under the authority of Section 14-288.12, by any chairman of the board of commissioners of any county or other county official or officials under the authority of Section 14-288.13, by any chairman of the board of county commissioners acting under the authority of Section 14-288.14, 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 denned in Section 14-288.4(a).
"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 his territorial jurisdiction or in an area in which he 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 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 his absence or disability, the person authorized to act in his 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 Section 14-288.2(a).
"State of Emergency: The condition that exists whenever, during times of public crisis, disaster, rioting, catastrophe, or similar public emergency, public safety authorities are unable to maintain public order or afford adequate protection for lives or property, or whenever the occurrence of any such condition is imminent.
"Sec. 14-288.2. Riot; inciting to riot; punishments. (a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.
"(b) Any person who wilfully engages in a riot is guilty of a misdemeanor punishable as provided in Section 14-3(a).
"(c) Any person who wilfully engages in a riot is guilty of a felony punishable by a fine not to exceed ten thousand dollars ($10,000.00) or imprisonment for not more than five years, or both such fine and imprisonment, if:
(1) In the course and as a result of the riot there is property damage in excess of fifteen hundred dollars ($1,500.00) or serious bodily injury; or
(2) Such participant in the riot has in his possession any dangerous weapon or substance.
"(d) Any person who wilfully incites or urges another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty of a misdemeanor punishable as provided in Section 14-3(a).
"(e) Any person who wilfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which there is property damage in excess of fifteen hundred dollars ($1,500.00) or serious bodily injury, is guilty of a felony punishable as provided in Section 14-2.
"Sec. 14-288.3. Provisions of Article intended to supplement common law and other statutes. The provisions of this Article are intended to supersede and extend the coverage of the common-law crimes of riot and inciting to riot. To the extent that such common-law offenses may embrace situations not covered under the provisions of this Article, however, criminal prosecutions may be brought for such crimes under the common law. All other provisions of this Article are intended to be supplementary and additional to the common law and other statutes of this State and, except as specifically indicated, shall not be construed to abrogate, abolish, or supplant other provisions of law. In particular, this Article shall not be deemed to abrogate, abolish, or supplant such common-law offenses as unlawful assembly, rout, conspiracy to commit riot or other criminal offenses, false imprisonment, and going about armed to the terror of the populace and other comparable public-nuisance offenses.
"Sec. 14-288.4. Disorderly conduct. (a) Disorderly conduct is a public disturbance caused by any person who:
(1) Engages in fighting or in violent, threatening, or tumultuous behavior; or
(2) Makes any offensively coarse utterance, gesture, or display or uses abusive language, in such manner as to alarm or disturb any person present or as to provoke a breach of the peace; or
(3) Wilfully or wantonly creates a hazardous or physically offensive condition; or
(4) Takes possession of, exercises control over, seizes, or occupies any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative;
(5) Refuses to vacate any building or facility of any public or private educational institution in obedience to:
a. An order of the chief administrative officer of the institution, or his authorized representative; or
b. An order given by any fireman or public health officer acting within the scope of his authority; or
c. If a state of emergency is occuring or is imminent within the institution, an order given by any law enforcement officer acting within the scope of his authority; or
(6) Shall, after being forbidden to do so by the chief administrative officer, or his authorized representative, of any public or private educational institution:
a. Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or
b. Congregate, assemble, form groups or formations (whether organized or not), block, or in any manner otherwise interfere with the operation or functioning of any building or facility of the institution so as to interfere with the customary or normal use of the building or facility.
As used in this Section the term 'building or facility' includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
"(b) Any person who wilfully engages in disorderly conduct is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six months.
"Sec. 14-288.5. Failure to disperse when commanded, misdemeanor: prima facie evidence. (a) Any law enforcement officer or public official responsible for keeping the peace may issue a command to disperse in accordance with this Section if he reasonably believes that a riot, or disorderly conduct by an assemblage of three or more persons, is occurring. The command to disperse shall be given in a manner reasonably calculated to be communicated to the assemblage.
"(b) Any person who fails to comply with a lawful command to disperse is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six months.
"(c) If any person remains at the scene of any riot, or disorderly conduct by an assemblage of three or more persons, following a command to disperse and after a reasonable time for dispersal has elapsed, it is prima facie evidence that the person so remaining is wilfully engaging in the riot or disorderly conduct, as the case may be.
"Sec. 14-288.6. Looting; trespass during emergency. (a) Any person who enters upon the premises of another without legal justification when the usual security of property is not effective due to the occurrence or aftermath of riot, insurrection, invasion, storm, fire, explosion, flood, collapse, or other disaster or calamity is guilty of the misdemeanor of trespass during emergency and is punishable as provided in Section 14-3(a).
"(b) Any person who commits the crime of trespass during emergency and, without legal justification, obtains or exerts control over, damages, ransacks, or destroys the property of another is guilty of the felony of looting and is punishable by a fine not to exceed ten thousand dollars ($10,000.00) or imprisonment for not more than five years, or both such fine and imprisonment.
"Sec. 14-288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions. (a) Except as otherwise provided in this Section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring.
"(b) This Section does not apply to persons exempted from the provisions of Section 14-269 with respect to any activities lawfully engaged in while carrying out their duties.
"(c) Any person who violates any provision of this Section is guilty of a misdemeanor punishable as provided in Section 14-3(a).
"Sec. 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction: exceptions. (a) Except as otherwise provided in this Section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.
"(b) This Section does not apply to:
(1) Persons exempted from the provisions of Section 14-269 with respect to any activities lawfully engaged in while carrying out their duties.
(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.
(3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.
(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.
"(c) The term 'weapon of mass death and destruction' includes:
(1) Any explosive, incendiary, or poison gas:
a. Bomb; or
b. Grenade; or
c. Rocket having a propellant charge of more than four ounces; or
d. Missile having an explosive or incendiary charge of more than one-quarter ounce; or
e. Mine; or
f. Device similar to any of the devices described above; or
(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; or
(3) Any machine gun, sawed-off shotgun, or other weapon designed for rapid fire or inflicting widely-dispersed injury or damage (other than a weapon of a type particularly suitable for sporting purposes); or
(4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.
The term 'weapon of mass death and destruction' does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of Section 4684(2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code.
"(d) Any person who violates any provision of this Section is guilty of a misdemeanor punishable as provided in Section 14-3(a).
"Sec. 14-288.9. Assault on emergency personnel: punishments. (a) An assault upon emergency personnel is an assault upon any person coming within the definition of 'emergency personnel' which is committed in an area:
(1) In which a declared state of emergency exists;
(2) Within the immediate vicinity of which a riot is occurring or is imminent.
"(b) The term 'emergency personnel' includes law enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, and other persons lawfully engaged in providing essential services during the emergency.
"(c) Any person who commits an assault upon emergency personnel is guilty of a misdemeanor punishable as provided in Section 14-3(a). Any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance is guilty of a felony punishable by a fine not to exceed ten thousand dollars ($10,000.00) or imprisonment for not more than five years, or both such fine and imprisonment.
"Sec. 14-288.10. Frisk of persons during violent disorders; frisk of curfew violators. (a) Any law enforcement officer may frisk any person in order to discover any dangerous weapon or substance when he has reasonable grounds to believe that the person is or may become unlawfully involved in an existing riot and when the person is close enough to such riot that he could become immediately involved in the riot. The officer may also at that time inspect for the same purpose the contents of any personal belongings that the person has in his possession.
"(b) Any law enforcement officer may frisk any person he finds violating the provisions of a curfew proclaimed under the authority of Sections 14-288.12, 14-288.13, 14-288.14, or 14-288.15 or any other applicable statutes or provisions of the common law in order to discover whether the person possesses any dangerous weapon or substance. The officer may also at that time inspect for the same purpose the contents of any personal belongings that the person has in his possession.
"Sec. 14-288.11. Warrants to inspect vehicles in riot areas or approaching municipalities during emergencies. (a) Notwithstanding the provisions of Article 4 of Chapter 15, any law enforcement officer may, under the conditions specified in this Section, obtain a warrant authorizing inspection of vehicles under the conditions and for the purpose specified in subsection (b).
"(b) The inspection shall be for the purpose of discovering any dangerous weapon or substance likely to be used by one who is or may become unlawfully involved in a riot. The warrant may be sought to inspect:
(1) All vehicles entering or approaching a municipality in which a state of emergency exists; or
(2) All vehicles which might reasonably be regarded as being within or approaching the immediate vicinity of an existing riot.
"(c) The warrant may be issued by any judge or justice of the General Court of Justice.
"(d) The issuing official shall issue the warrant only when he has determined that the one seeking the warrant has been specifically authorized to do so by the head of the law enforcement agency of which the affiant is a member, and:
(1) If the warrant is being sought for the inspection of vehicles entering or approaching a municipality, that a state of emergency exists within the municipality; or
(2) If the warrant being sought is for the inspection of vehicles within or approaching the immediate vicinity of a riot, that a riot is occurring within that area.
Facts indicating the basis of these determinations must be stated in an affidavit and signed by the affiant under oath or affirmation.
"(e) The warrant must be signed by the issuing official and must bear the hour and date of its issuance.
"(f) The warrant must indicate whether it is for the inspection of vehicles entering or approaching a municipality or whether it is for the inspection of vehicles within or approaching the immediate vicinity of a riot. In either case, it must also specify with reasonable precision the area within which it may be exercised.
"(g) The warrant shall become invalid twenty-four hours following its issuance and must bear a notation to that effect.
"(h) Warrants authorized under this Section shall not be regarded as search warrants for the purposes of application of Article 4 of Chapter 15.
"(i) Nothing in this Section is intended to prevent warrantless frisks, searches, and inspections to the extent that they may be constitutional and consistent with common law and governing statutes.
"Sec. 14-288.12. Powers of municipalities to enact ordinances to deal with states of emergency. (a) The governing body of any municipality may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.
"(b) The ordinances authorized by this Section may permit prohibitions and restrictions:
(1) Of movements of people in public places;
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
(3) Upon the possession, transportation, sale, purchase, and consumption of intoxicating liquors;
(4) Upon the possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline; and
(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
The ordinances may delegate to the mayor of the municipality the authority to determine and proclaim the existence of a state of emergency, and to impose those authorized prohibitions and restrictions appropriate at a particular time.
"(c) This Section is intended to supplement and confirm the powers conferred by Sections 160-52, 160-2001(7), and all other general and local laws authorizing municipalities to enact ordinances for the protection of the public health and safety in times of riot or other grave civil disturbance or emergency.
"(d) Any ordinance of a type authorized by this Section promulgated prior to the effective date of this Section shall, if otherwise valid, continue in full force and effect without re-enactment.
"(e) Any person who violates any provision of an ordinance or a proclamation enacted or proclaimed under the authority of this Section is guilty of a misdemeanor punishable as provided in Section 14-4.
"Sec. 14-288.13. Powers of counties to enact ordinances to deal with states of emergency. (a) The governing body of any county may enact ordinances designed to permit the imposition of prohibitions and restrictions during a state of emergency.
"(b) The ordinances authorized by this Section may permit the same prohibitions and restrictions to be imposed as enumerated in Section 14-288.12(b). The ordinances may delegate to the chairman of the board of county commissioners the authority to determine and proclaim the existence of a state of emergency, and to impose those authorized prohibitions and restrictions appropriate at a particular time.
"(c) No ordinance enacted by a county under the authority of this Section shall apply within the corporate limits of any municipality, or within any area of the county over which the municipality has jurisdiction to enact general police-power ordinances, unless the municipality by resolution consents to its application.
"(d) Any person who violates any provision of an ordinance or a proclamation enacted or proclaimed under the authority of this Section is guilty of a misdemeanor punishable as provided in Section 14-4.
"Sec. 14-288.14. Power of chairman of board of county commissioners to extend emergency restrictions imposed in municipality. (a) The chairman of the board of commissioners of any county who has been requested to do so by a mayor may by proclamation extend the effect of any one or more of the prohibitions and restrictions imposed in that mayor's municipality pursuant to the authority granted in Section 14‑288.12. The chairman may extend such prohibitions and restrictions to any area within his county in which he determines it to be necessary to assist in controlling the state of emergency within the municipality. No prohibition or restriction extended by proclamation by the chairman under the authority of this Section shall apply within the limits of any other municipality, or within any area of the county over which the municipality has jurisdiction to enact general police-power ordinances, unless that other municipality by resolution consents to its application.
"(b) Whenever any chairman of the board of county commissioners extends the effect of municipal prohibitions and restrictions under the authority of this Section to any area of the county, it shall be deemed that a state of emergency has been validly found and declared with respect to such area of the county.
"(c) Any chairman of a board of county commissioners extending prohibitions and restrictions under the authority of this Section must take reasonable steps to give notice of its terms to those likely to be affected. The chairman of the board of commissioners shall proclaim the termination of any prohibitions and restrictions extended under the authority of this Section upon:
(1) His determination that they are no longer necessary; or
(2) The determination of the board of county commissioners that they are no longer necessary; or
(3) The termination of the prohibitions and restrictions within the municipality.
"(d) The powers authorized under this Section may be exercised whether or not the county has enacted ordinances under the authority of Section 14-288.13. Exercise of this authority shall not preclude the imposition of prohibitions and restrictions under any ordinances enacted by the county under the authority of Section 14-288.13.
"(e) Any person who violates any provision of any prohibition or restriction extended by proclamation under the authority of this Section is guilty of a misdemeanor punishable by a fine not to exceed fifty dollars ($50.00) or imprisonment for not more than thirty days.
"Sec. 14-288.15. Authority of Governor to exercise control in emergencies. (a) When the Governor determines that a state of emergency exists in any part of North Carolina, he may exercise the powers conferred by this Section if he further finds that local control of the emergency is insufficient to assure adequate protection for lives and property.
"(b) Local control shall be deemed insufficient only if:
(1) Needed control cannot be imposed locally because local authorities responsible for preservation of the public peace have not enacted appropriate ordinances or issued appropriate proclamations as authorized by Sections 14-288.12, 14-288.13, or 14-288.14; or
(2) Local authorities have not taken implementing steps under such ordinances or proclamations, if enacted or proclaimed, for effectual control of the emergency that has arisen; or
(3) The area in which the state of emergency exists has spread across local jurisdictional boundaries and the legal control measures of the jurisdictions are conflicting or uncoordinated to the extent that efforts to protect life and property are, or unquestionably will be, severely hampered; or
(4) The scale of the emergency is so great that it exceeds the capability of local authorities to cope with it.
"(c) The Governor when acting under the authority of this Section may:
(1) By proclamation impose prohibitions and restrictions in all areas affected by the state of emergency; and
(2) Give to all participating State and local agencies and officers such directions as may be necessary to assure coordination among them. These directions may include the designation of the officer or agency responsible for directing and controlling the participation of all public agencies and officers in the emergency. The Governor may make this designation in any manner which, in his discretion, seems most likely to be effective. Any law enforcement officer participating in the control of a state of emergency in which the Governor is exercising control under this Section shall have the same power and authority as a sheriff throughout the territory to which he is assigned.
"(d) The Governor in his discretion, as appropriate to deal with the emergency then occurring or likely to occur, may impose any one or more or all of the types of prohibitions and restrictions enumerated in Section 14-288.12(b), and may amend or rescind any prohibitions and restrictions imposed by local authorities.
"(e) Any person who violates any provision of a proclamation of the Governor issued under the authority of this Section is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six months.
"Sec. 14-288.16. Effective time, publication, amendment, and recision of proclamations. (a) This Section applies to proclamations issued under the authority of Sections 14-288.12. 14-288.13, 14-288.14, and 14-288.15, and any other applicable statutes and provisions of the common law.
"(b) All prohibitions and restrictions imposed by proclamation shall take effect immediately upon publication of the proclamation in the area affected unless the proclamation sets a later time. For the purpose of requiring compliance, publication may consist of reports of the substance of the prohibitions and restrictions in the mass communications media serving the affected area or other effective methods of disseminating the necessary information quickly. As soon as practicable, however, appropriate distribution of the full text of any proclamation shall be made. This subsection shall not be governed by the provisions of Section 1-597.
"(c) Prohibitions and restrictions may be extended as to time or area, amended, or rescinded by proclamation. Prohibitions and restrictions imposed by proclamation under the authority of Sections 14-288.12, 14-288.13, and 14-288.14 shall expire five days after their last imposition unless sooner terminated under Section 14-288.14(c)(3), by proclamation, or by the governing body of the county or municipality in question. Prohibitions and restrictions imposed by proclamation of the Governor shall expire five days after their last imposition unless sooner terminated by proclamation of the Governor.
"Sec. 14-288.17. Municipal and county ordinances may be made immediately effective if state of emergency exists or is imminent. (a) Notwithstanding any other provision of law, whether general or special, relating to the promulgation or publication of ordinances by any municipality or county, this Section shall control with respect to any ordinances authorized by Sections 14-288.11 and 14-288.12.
"(b) Upon proclamation by the mayor or chairman of the board of county commissioners that a state of emergency exists within the municipality or the county, or is imminent, any ordinance enacted under the authority of this Article shall take effect immediately unless the ordinance sets a later time. If the effect of this Section is to cause an ordinance to go into effect sooner than it otherwise could under the law applicable to the municipality or county, the mayor or chairman of the board of county commissioners, as the case may be, shall take steps to cause reports of the substance of any such ordinance to be disseminated in a fashion that such substance will likely be communicated to the public in general, or to those who may be particularly affected by the ordinance if it does not affect the public generally. As soon as practicable thereafter, appropriate distribution or publication of the full text of any such ordinance shall be made.
"Sec. 14-288.18. Injunction to cope with emergencies at public and private educational institutions. (a) The chief administrative officer, or his authorized representative, of any public or private educational institution may apply to any superior court judge for injunctive relief if a state of emergency exists or is imminent within his institution. For the purposes of this Section, the superintendent of any city or county administrative school unit shall be deemed the chief administrative officer of any public elementary or secondary school within his unit.
"(b) Upon a finding by a superior court judge, to whom application has been made under the provisions of this Section, that a state of emergency exists or is imminent within a public or private educational institution by reason of riot, disorderly conduct by three or more persons, or the imminent threat of riot, the judge may issue an injunction containing provisions appropriate to cope with the emergency then occurring or threatening. The injunction may be addressed to named persons or named or described groups of persons as to whom there is satisfactory cause for believing that they are contributing to the existing or imminent state of emergency, and ordering such persons or groups of persons to take or refrain or desist from taking such various actions as the judge finds it appropriate to include in his order."
Sec. 2. G.S. 153-9 is amended to add a new subdivision at the end of that Section as follows:
"(60) The board of commissioners of any county may enact ordinances dealing with states of emergency as authorized by Section 14-288.13, and the chairman of the board of commissioners of any county may issue proclamations imposing prohibitions and restrictions in emergencies under the authority of Section 14-288.14 and, to the extent authorized in ordinances dealing with states of emergency, under the authority of Section 14-288.13."
Sec. 3. G.S. 160-200 is amended to add a new subdivision at the end of that Section as follows:
"(45) The governing body of any municipality is authorized to enact ordinances dealing with states of emergency as authorized by Section 14-288.12."
Sec. 4. Chapter 18 of the General Statutes of North Carolina is amended to add a new section as follows:
"Sec. 18-38.1. Authority of the Governor to direct closing of A.B.C. stores. When the Governor finds that a state of emergency, as defined in Section 14-288.1, exists anywhere within the State, he may order the closing of county and municipal liquor stores in all or any portion of the State for the period of the emergency. His order shall be directed to the Chairman of the State Board of Alcoholic Control. The express authority granted by this Section is not intended to limit any other authority, express or implied, to order the closing of these stores."
Sec. 5. Chapter 18 of the General Statutes of North Carolina is amended to add a new section as follows:
"Sec. 18-129.1. Authority of the Governor to limit sale of nine and malt beverages. When the Governor finds that a state of emergency, as defined in Section 14-288.1, exists anywhere within the State, he may order the cessation of all sale or transfer, manufacture, or bottling of malt beverages or wine in all or any portion of the State for the period of the emergency. His order shall be directed to the Chairman of the State Board of Alcoholic Control. The express authority granted by this Section is not intended to limit any other authority, express or implied, to order cessation of these activities."
Sec. 6. Article 13 of Chapter 14 of the General Statutes of North Carolina is rewritten to read as follows:
"Article 13.
"Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material.
"Sec. 14-49. Malicious use of explosive or incendiary; attempt; punishment. (a) Any person who wilfully and maliciously injures or attempts to injure another by the use of any explosive or incendiary device or material is guilty of a felony.
"(b) Any person who wilfully and maliciously damages or attempts to damage any real or personal property of any kind or nature belonging to another by the use of any explosive or incendiary device or material is guilty of a felony.
"(c) Any person who violates any provision of this Section is punishable by imprisonment in the State's prison for not less than five nor more than thirty years.
"Sec. 14-49.1. Malicious damage of occupied property by use of explosive or incendiary; attempt; punishment. Any person who wilfully and maliciously damages or attempts to damage any real or personal property of any kind or nature, being at the time occupied by another, by the use of any explosive or incendiary device or material is guilty of a felony punishable by imprisonment in the State's prison for not less than ten years nor more than imprisonment for life.
"Sec. 14-50. Conspiracy to injure or damage by use of explosive or incendiary; punishment. (a) Any person who conspires with another wilfully and maliciously to injure another by the use of any explosive or incendiary device or material is guilty of a felony.
"(b) Any person who conspires with another wilfully and maliciously to damage any real or personal property of any kind or nature belonging to another by the use of any explosive or incendiary device or material is guilty of a felony.
"(c) Any person who violates any provision of this Section is punishable by imprisonment in the State's prison for not more than fifteen years.
"Sec. 14-50.1. Explosive or incendiary device or material defined. As used in this Article, 'explosive or incendiary device or material' means nitroglycerine, dynamite, gunpowder, other high explosive, incendiary bomb or grenade, other destructive incendiary device, or any other destructive incendiary or explosive device, compound, or formulation; any instrument or substance capable of being used for destructive explosive or incendiary purposes against persons or property, when the circumstances indicate some probability that such instrument or substance will be so used; or any explosive or incendiary part or ingredient in any instrument or substance included above, when the circumstances indicate some probability that such part or ingredient will be so used."
Sec. 7. Article 8 of Chapter 14 of the General Statutes of North Carolina is amended to rewrite G.S. 14-34.1, added by Chapter 341 of the 1969 Session Laws, as follows:
"Sec. 14-34.1. Discharging firearm into occupied property. Any person who wilfully or wantonly discharges a firearm into or attempts to discharge a firearm into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a felony punishable as provided in Section 14‑2."
Sec. 7 1/2. Article 22 of Chapter 14 of the General Statutes is amended to rewrite G.S. 14-132 as follows:
"Sec. 14-132. Disorderly conduct in and injuries to public buildings and facilities. (a) It is a misdemeanor if any person shall:
(1) Make any rude or riotous noise, or be guilty of any disorderly conduct, in or near any public building or facility; or
(2) Unlawfully write or scribble on, mark, deface, besmear, or injure the walls of any public building or facility, or any statue or monument situated in any public place; or
(3) Commit any nuisance in or near any public building or facility.
"(b) Any person in charge of any public building or facility owned or controlled by the State, any subdivision of the State, or any other public agency shall have authority to arrest summarily and without warrant for a violation of this Section.
"(c) The term 'public building or facility' as used in this Section includes any building or facility which is:
(1) One to which the public or a portion of the public has access and is owned or controlled by the State, any subdivision of the State, any other public agency, or any private institution or agency of a charitable, educational, or eleemosynary; or
(2) Dedicated to the use of the general public for a purpose which is primarily concerned with public recreation, cultural activities, and other events of a public nature or character.
The term 'building or facility' as used in this Section also includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
"(d) Any person who violates any provision of this Section is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both."
Sec. 8. Article 4 of Chapter 15 of the General Statutes of North Carolina is rewritten to read as follows:
"Article 4.
"Search Warrants.
"Sec. 15-25. Search warrants for contraband, evidence, and instrumentalities of crime. (a) Any justice, judge, clerk, or assistant or deputy clerk of any court of record, any justice of the peace, or any magistrate of the General Court of Justice may issue a warrant to search for any contraband, evidence, or instrumentality of crime upon finding probable cause for the search.
"(b) Any search warrant issued by any Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court may be executed anywhere within the State. Any search warrant issued by any other official of the General Court of Justice may be executed as provided in Chapter 7A of the General Statutes. Any search warrant issued by any other judicial official or officer of any other court may be executed only within the territorial jurisdiction of such official or court.
"(c) The warrant may be executed by any law enforcement officer acting within his territorial jurisdiction whose subject matter jurisdiction encompasses the crime with which the object of the search is involved.
"(d) The search warrant shall be returnable as other criminal process is required to be.
"Sec. 15-26. Contents of search warrant. (a) The search warrant must describe with reasonable certainty the person, premises, or other place to be searched and the contraband, instrumentality, or evidence for which the search is to be made.
"(b) An affidavit signed under oath or affirmation by the affiant or affiants and indicating the basis for the finding of probable cause must be a part of or attached to the warrant.
"(c) The warrant must be signed by the issuing official and bear the date and hour of its issuance above his signature.
"Sec. 15-27. Exclusionary rule. (a) No evidence obtained or facts discovered by means of an illegal search shall be competent as evidence in any trial.
"(b) No search may be regarded as illegal solely because of technical deviations in a search warrant from requirements not constitutionally required.
"Sec. 15-27.1. Application of Article to all search warrants; exception as to inspection warrants. The requirements of this Article apply to search warrants issued for any purpose, including those issued pursuant to Section 18-13, except that the contents of and procedure relating to inspection warrants authorized under Article 4A of this Chapter and Section 14-288.11 are to be governed by the provisions set out in the Sections relating to them."
Sec. 9. If any word, clause, sentence, paragraph, section, or other part of this Act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof.
Sec. 10. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 11. This Act shall take effect upon its ratification.
In the General Assembly read three times and ratified, this the 19th day of June, 1969.