@Tessa Mendoza wrote:
I doubt there are really any counties that don't have any cases. I feel there are just many people walking around not even knowing they have it. Here in my county, we don't have many confirmed cases, but there are most likely more I wish borders could be closed, also. I think it's illegal to do so.
@Tessa Mendoza, not illegal in NC.
Cities and counties in North Carolina are authorized to adopt ordinances imposing restrictions and prohibitions when they declare a local state of emergency. (G.S. 166A-19.31) These restrictions and prohibitions may be on:
The movements of people in public places, including directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the governing body’s jurisdiction, to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control ingress and egress of a disaster area, and the movement of persons within the area; this authority also includes closing roads and other transportation routes.
Among the restrictions and prohibitions that may be included in a local emergency ordinance, and which may be triggered under a local state of emergency declaration, is placing limitations on “the movement of people in public places,” which includes imposing curfews, ordering evacuations, prescribing evacuation routes, and controlling ingress, egress, and movement within an emergency area (GS 166A-19.31(b)(1)). Does this authority extend to closing roads? Recent legislation enacted by the North Carolina General Assembly clarifies that the answer to this question is yes.
The authority of counties and cities to restrict the movement of people in public places under a local state of emergency declaration (assuming this authority is included in the unit’s local emergency ordinance) has long been interpreted to include closing roads because the scope of the authority specifically includes limiting ingress and egress in an “emergency area,” meaning the geographic area covered under a local state of emergency declaration. GS 166A-19.3(7). In addition, GS 166A-19.31(b)(5) authorizes counties and cities to include in their local emergency ordinances the ability to place restrictions on “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 specific authority to limit ingress and egress in an emergency area, coupled with the board authority to place restrictions on other activities reasonably necessary to maintain order and protect lives or property, can be – and indeed, has been – interpreted to include the authority to close roads, even those roads not owned by the local government.
Emergency Road Closure Authority Specifically Authorized
Despite the broad authority described above, the lack of specific authorization to close roads has at times created confusion when a county or city closes a transportation route not owned by that unit, such as state roads and highways. To make clear that counties and cities have the authority to close roads during a locally declared state of emergency, the General Assembly enacted HB917 (S.L. 2019-89) during the 2019 legislative session. HB917 amends GS 166A-19.31(b)(1) to specifically authorize counties and cities to include in their local emergency ordinances the authority to close roads during a locally declared state of emergency. Under the new statutory provision (GS 166A-19.31(b)(1)(e)), county and city local emergency ordinances may specifically authorize the “closure, within the emergency area, of streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular travel . . .” While the road closure authority, if included in the county or city local emergency ordinance, is limited to the geographic area covered under a locally declared state of emergency, it broadly includes virtually any transportation route, including those not owned by the unit of government such as state roads and highways.
As with any violation of restrictions or prohibitions imposed under a local state of emergency declaration, violating a road closure pursuant to a local declaration is punishable as a Class 2 misdemeanor (GS 166A-19.31(h), cross-referencing GS 14-288.20A). Unauthorized individuals who drive around road closure barriers or otherwise gain access to restricted areas may be cited by local law enforcement and are subject to criminal prosecution.
Emergency Road Closures Cannot Restrict Access by Essential Personnel.
Curfews and Limited Ingress and Egress Cannot Restrict Access by Utility Crews and Essential Goods Transporters
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