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HomeMy WebLinkAboutAgenda - 02-21-2023; 8-g - Amendment to the Code of Ordinances – Emergency Proclamations 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 21, 2023 Action Agenda Item No. 8-g SUBJECT: Amendment to the Code of Ordinances — Emergency Proclamations DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Draft Ordinance John Roberts, County Attorney, 245- Resolution 2318 PURPOSE: To present changes to Chapter 14 (Emergency Management and Emergency Services) of the Code of Ordinances for second reading and adopt the attached resolution approving the revisions. BACKGROUND: During the COVID-19 pandemic, the Chair of the Board of Commissioners issued an emergency proclamation in order to give greater authority to address the pandemic to the County Manager and county departments. Pursuant to Section 14-39 of the Code of Ordinances, which authorizes the Chair to issue "superseding proclamations" and includes the authority to extend a state of emergency, the state of emergency was extended multiple times to address the ongoing pandemic. Ultimately the emergency proclamation, through those amendments, was continued for more than two years. The attached amendment to Section 14- 40 clarifies that the Chair has the authority to extend states of emergency through "superseding proclamations." This chapter of the Code of Ordinances provides for misdemeanor penalties for violations. For that reason the ordinance is subject to a first and second reading prior to adoption. The first reading occurred at the Board's February 7, 2023 Business meeting. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board adopt and authorize the Chair to sign the attached resolution approving on second reading the recommended changes to Chapter 14 (Emergency Management and Emergency Services) of the Code of Ordinances. 2 ORD-2023-008 Sec. 14-40. -Termination of proclamation. Any proclamation issued under this article shall expire five days after its last imposition unless sooner terminated or extended in writing under the same procedures set forth in section 14-32 for proclamations. (Ord. of 9-18-1990, § 11, eff. 9-18-1990) 3 RES-2023-013 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 14 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the Board of Commissioners has determined a clarification is necessary to the Emergency Management Ordinance. NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 14, is hereby amended by amending section §14-40, which amended section reads as shown in the attached revised Ordinance. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners the 21s' day of February, 2023. By: Attest: Jamezetta Bedford, Chair Laura Jensen, Clerk to the Board Orange County Board of Commissioners [SEAL]