A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:

(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; and

(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.

History: 1953 Comp., § 40A-20-4.3, enacted by Laws 1969, ch. 281, § 3; 1978 Comp., § 30-20-6, recompiled as § 12-10-18 by Laws 2005, ch. 22, § 4.