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Statutes Text

Article - Public Safety




§14–303.

    (a)    During a public emergency in the State, the Governor may proclaim a state of emergency and designate the emergency area:

        (1)    if public safety is endangered or on reasonable apprehension of immediate danger to public safety; and

        (2)    on:

            (i)    the Governor’s own initiative; or

            (ii)    the application of:

                1.    the chief executive officer or governing body of a county or municipal corporation; or

                2.    the Secretary of State Police.

    (b)    After proclaiming a state of emergency, the Governor may promulgate reasonable orders, rules, or regulations that the Governor considers necessary to protect life and property or calculated effectively to control and terminate the public emergency in the emergency area, including orders, rules, or regulations to:

        (1)    control traffic, including public and private transportation, in the emergency area;

        (2)    designate specific zones in the emergency area in which the occupancy and use of buildings and vehicles may be controlled;

        (3)    control the movement of individuals or vehicles into, in, or from the designated zones;

        (4)    control places of amusement and places of assembly;

        (5)    control individuals on public streets;

        (6)    establish curfews;

        (7)    control the sale, transportation, and use of alcoholic beverages;

        (8)    control the possession, sale, carrying, and use of firearms, other dangerous weapons, and ammunition;

        (9)    control the storage, use, and transportation of explosives or flammable materials or liquids considered to be dangerous to public safety, including “Molotov cocktails”; and

        (10)    authorize the use of alternate care sites.

    (c)    Before an order, rule, or regulation promulgated under subsection (b) of this section takes effect, the Governor shall give reasonable notice of the order, rule, or regulation:

        (1)    in a newspaper of general circulation in the emergency area;

        (2)    through television or radio serving the emergency area; or

        (3)    by circulating notices or posting signs at conspicuous places in the emergency area.

    (d)    An order, rule, or regulation promulgated under subsection (b) of this section:

        (1)    takes effect from the time and in the manner specified in the order, rule, or regulation;

        (2)    may be amended or rescinded, in the same manner as the original order, by the Governor at any time during the state of emergency; and

        (3)    terminates when the Governor declares that the state of emergency no longer exists.