§ 26-1. Imposition of curfew authorized during emergency.

(a)

Institution of curfew. Upon the declaration of a state of emergency by the governor, or upon the determination by the county board of commissioners, or its designee of the existence of an emergency or disaster that is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby, the county board of commissioners may adopt a resolution instituting a curfew when it is determined necessary to protect and safeguard the people and property of the county.

(b)

Definitions. [The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:]

(1)

Curfew. A "curfew" is a regulation requiring the withdrawal from any person not otherwise exempt from this section from appearing in certain public areas during specified hours.

(2)

Exempt individuals. Unless otherwise specified in the resolution implementing the curfew, "exempt individuals" include property owners, home owners, and residents of the area encompassed by the curfew and the members of their immediate families, and those individuals engaged in the provision of designated essential services, such as fire, law enforcement, emergency medical services and hospital services, military services, utility emergency repairs. The resolution may, in the discretion of the governing authority, also exempt regular employees of local industries traveling to and from their jobs with appropriate identification, news media employees, building and repair contractors, properly registered according to Hart County Ordinance No. 2002-003 ("Ordinance to Require Registration and Licensing of Building and Repair Services During a State of Emergency"), performing activities related to construction, repair, renovation or improvement of buildings and other structures damaged during the disaster or emergency.

(3)

State of emergency. As defined by O.C.G.A. § 38-3-3(5), a condition declared by the governor when, in his judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.

(c)

Prohibition. It shall be prohibited for any person, other than exempt individuals, to appear in public in the territory subject to the curfew, including but not limited to, streets, highways, alleys, sidewalks, vacant lots, parks, public buildings or any other public places in all or a delineated part of unincorporated Hart County during the stated hours of the curfew.

(d)

Penalties. Any individual violating this section, upon conviction, shall be punishable by a fine not to exceed $1,000.00 per violation or imprisonment not to exceed 60 days, or both.

(Ord. of 7-9-2002, §§ 1—4; Amd. of 8-27-2002)