WENDELL - Mayor-elect Tim Hinnant will take his seat at the Dec. 12 town meeting and it will come with a new responsibility - the ability to declare a state of emergency.

After high winds and storms caused serious damage to Wake County towns in September, Wendell town staff was asked by commissioners to check if there was an ordinance in place to declare a state of emergency.

Acting Town Manager Teresa Piner told commissioners at the Sept. 26 town meeting there wasn't such an ordinance on the books.

Piner provided examples of ordinances from other towns and recommended creating a Wendell State of Emergency ordinance.

Commissioner Sid Baynes said a state of emergency ordinance was imperative.

Baynes said the ordinance should allow the mayor to declare an emergency, but should also provide someone to help make the determination, like a representative from the fire or rescue department.

At a meeting in November, staff provided commissioners with a draft of the state of emergency ordinance and examples of the proclamations to declare and cancel a state of emergency.

Wendell's proposed ordinance will allow the mayor to declare a state of emergency - after consulting emergency agencies - if there is a threat to the lives, safety, health and welfare of people within the town or damage or destruction of property.

The town's emergency declaration allows for prohibition or restriction of:

Possession off one's premises of explosives, firearms, ammunition or dangerous weapons of any kind, and can prohibit the purchase, sale or transfer of weapons.

Buying or selling of alcoholic beverages or consumption off one's premises.

Any demonstration, parade, march or vigil on any public ways or public property.

Sale of gasoline, kerosene or any other explosive or flammable substances.

Travel on any public street or public property.

Keeping open places of business, entertainment or public assembly.

People being on streets, sidewalks, public places or vacant lots during any period, day or night, that the mayor may specify.

The mayor can issue a public proclamation declaring the state of emergency, place any or all restrictions authorized in effect, apply restrictions to specifically designated areas and during specific hours and exempt from the restrictions any person essential to serve the needs of the town.

The declaration of an emergency can be extended, amended or repealed with a subsequent proclamation.

The mayor also will proclaim an end to the state of emergency or any of the restrictions as soon as circumstances warrant or when directed by town commissioners.

The state allows municipalities to include a penalty of $50 or 30 days imprisonment for a violation of the restrictions included in the state of emergency - but Wendell commissioners did not include a penalty in the ordinance.

The new law also gives authority for the mayor to request state police or military forces if necessary and recommend to the governor to proclaim a state of martial law.

The only change commissioners wanted came from Baynes, who asked for a specific list of the emergency agencies the mayor would consult before declaring a state of emergency.

The list, included in the updated ordinance at Monday's meeting, includes the Wendell Police Department, Wendell Fire Department and Wake County Emergency Management and the town manager.

Commissioner Ira Fuller said if no other changes were considered, the ordinance could be included on the Dec. 12 town meeting agenda for a vote.