Section 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. Recision 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.

[C77, 79, 81, §29C.3]