Despite what you may have read in news reports, there is no new law that would levy a fine if you do not heed a mandatory evacuation order in North Carolina.
An e-mail about a Sept. 6 report on the ?new? law by a Norfolk television station went viral on Hatteras yesterday, causing mild concern, panic, or outrage.
The fact is that there has been a law authorizing criminal penalties for violating orders during a state of emergency, and it?s been on the books in the state since 1969, according to Norma Houston, a faculty member at the University of North Carolina School of Government.
Houston says it was originally called the Riots and Civil Disorders Act and was enacted during the Civil Rights struggles of the late ?60s and early ?70s.
She says there were some prosecutions for violating the statute in the early ?70s, mostly for violating curfews during times of unrest.
What is new is that earlier this year, the General Assembly did a comprehensive update of the state?s emergency management statutes.
Under the current law, a violation of an emergency declaration made by the governor is a Class 2 misdemeanor, punishable by a $1,000 fine. A violation of an emergency declaration made by a local government is a Class 3 misdemeanor, punishable by a $200 fine.
Beginning Monday, Oct. 1, all violations of emergency declarations are Class 2 misdemeanors, which come with the $1,000 fine.
The statute, Houston says, covers not just a refusal to heed an evacuation order but violations of all other prohibitions enacted by a government body during a state of emergency. This would also include such things as violations of re-entry procedures, curfews, businesses hours, and bans on sales of alcoholic beverages.
Houston says she is not sure how many states have statutes providing for criminal penalties during states of emergency. However, she says she did look into the law in Texas, which goes a big step further than the North Carolina law.
In Texas, authorities can bodily remove a person who does not heed an evacuation order. North Carolina does not have a provision for bodily removal.
So, yes, you could be punished for not heeding an evacuation order. It?s a tool available to government authorities.
However, will you suddenly start being fined after Oct. 1? Probably not.
Dare County manager Bobby Outten says there is really nothing new in how the county will handle emergency situations.
?It?s a non-issue,? he said. ?We will do what we always do.?
What this county ? and others ? always do as a storm approaches is urge its citizens to leave if evacuation has been ordered.
And it?s important to listen carefully to advisories and warnings and to weigh carefully what you will do.
On Hatteras Island, some folks choose to evacuate and other choose to ?shelter in place,? as they say these days.
Most islanders know that if you are going to stay, you do not call 911 when the tide starts coming up. You weather the storm and its aftermath on your own and must be self-sufficient.
The Island Free Press conducted a Hurricane Irene Response survey last fall and asked residents whether they left or stayed for the storm and why.
Most who evacuated did so because of the forecast intensity of the storm, because they had children or health problems, or because they just didn?t want to deal with the hot, sticky, messy aftermath without power.
Residents who did not evacuate said they stayed because you never know when you are going to be allowed back after an evacuation ? and it was 10 days or two weeks for some who left before Irene ? or because they want to be here to take care of their property or that they want to be here immediately afterward to participate in community recovery efforts.
Those who did evacuate were about evenly divided about whether they would do it again after some of the re-entry woes after Irene.
It is important to comply with local authorities during a state of emergency.
It?s unlikely that you will be fined if you don?t leave, but you could endanger your life or the lives of your family members.
On the other hand, if you violate curfews or try to circumvent the rules for re-entry, you could pay a price.
AN ISLAND EYESORE
Several folks have commented on this website that Dare County should worry less about cleaning up the highway by removing illegal business signs and more about properties that are outright eyesores.
The property under fire for its dilapidated appearance, especially since Hurricane Irene, is the Waterfall Park in Rodanthe.
The business had not been open the season before the storm and was badly damaged by the storm surge from the hurricane.
Little if anything has been done to clean it up ? to repair falling down structures or remove debris. The grass hasn?t been cut forever.
However, the county cannot force the owners to do anything with the property because there are no ordinances that address ?blight,? which is what this is.
It?s ugly and detracts from our otherwise scenic byway, but it?s not illegal not to mow your grass or clean up your property.
Dare County manager Bobby Outten said there is little the county can do unless it can prove that the property is a public health hazard and not just an eyesore.
County planning director Donna Creef said she has corresponded with the owner several times and routinely sends on complaints about the property.
The owner of the property, she said, is Ritsa Merjos, who lives in Virginia Beach who once ran the park with her late husband. Her son, who lives in Florida, is assisting her on the property issues.
Creef said the owners have indicated that they do not want to rebuild because of the cost ? and the cost of liability insurance for the attraction.
Apparently, the owners have not put the property up for sale.
So for the time being, we are going to have to continue to look at this mess.
Government regulation is under fire in our political climate. People don?t want more government interference ? until they live or do business next to the Waterfall Park or have to look at it as they travel Highway 12.
RELATED ARTICLES
Lessons learned from Hurricane Irene. ?Shooting the Breeze,? the editor?s blog, September 21, 2012.
