29C.3 - PROCLAMATION OF STATE OF PUBLIC DISORDER BY GOVERNOR.
29C.3 PROCLAMATION OF STATE OF PUBLIC DISORDER BY
GOVERNOR.
1. The governor may, after finding a state of public disorder
exists, proclaim a state of public disorder emergency. This
proclamation shall be in writing, indicate the area affected and the
facts upon which it is based, be signed by the governor, and be filed
with the secretary of state.
2. Notice of a proclamation of a state of public disorder
emergency shall be given by the secretary of state by publication in
a newspaper of general circulation in the area affected, by broadcast
through radio and television serving the area affected, and by
posting signs at conspicuous places within this area. The exercise of
the special powers by the governor under this section shall not be
precluded by the lack of giving notice if the giving of notice has
been diligently attempted. All orders and rules promulgated under the
proclamation shall be given public notice by the governor in the area
affected.
3. A state of public disorder emergency shall continue for ten
days, unless sooner terminated by the governor. The general assembly
may, by concurrent resolution, rescind a proclamation of a state of
public disorder emergency. If the general assembly is not in
session, the legislative council may, by a majority vote, rescind
this proclamation. Rescission shall be effective upon filing of the
concurrent resolution or resolution of the legislative council with
the secretary of state.
4. The governor may, during the existence of a state of public
disorder emergency, prohibit:
a. Any person being in a public place during the hours
declared by the governor to be a period of curfew if this period does
not exceed twelve hours in any one day and if its area of its
application is specifically designated.
b. Public gatherings of a designated number of persons within
a designated area.
c. The manufacture, use, possession, or transportation of any
device or object designed to explode or produce uncontained
combustion.
d. The possession of any flammable or explosive liquids or
materials in a glass or uncapped container, except in connection with
normal operation of motor vehicles or normal home and commercial use.
e. The possession of firearms or any other deadly weapon by a
person other than at that person's place of residence or business,
except by law enforcement officers.
f. The sale, purchase, or dispensing of alcoholic beverages.
g. The sale, purchase, or dispensing of such other
commodities as are designated by the governor.
h. The use of certain streets or highways by the public.
i. Such other activities as the governor reasonably believes
should be prohibited to help maintain life, health, property, or the
public peace. Section History: Early Form
[C77, 79, 81, § 29C.3]