HomeMy WebLinkAboutAgenda 09-04-2025; 8-h - Amendments to the Emergency Management Ordinance - First Consideration 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2025
Action Agenda
Item No. 8-h
SUBJECT: Amendments to the Emergency Management Ordinance — First Consideration
DEPARTMENT: Emergency Services
ATTACHMENT(S): INFORMATION CONTACT:
Chapter 14 — Redlined Amendments Kirby Saunders, 919-245-6100
John Roberts, 919-245-2318
PURPOSE: To approve on first consideration amendments to Chapter 14, Emergency
Management Ordinance, of the Orange County Code of Ordinances. (First consideration is due
to the fact that this Ordinance includes a criminal penalty for violations and thereby the
amendment must be considered at two (2) meetings prior to final approval.)
BACKGROUND: During the recent events surrounding Tropical Storm Chantal, deficiencies
were noted in the Emergency Management Ordinance (the Ordinance) that need correction.
During review of the Ordinance, other aspects were noted as needing amendment for either
clarification or updating. Most of the clarifications include eliminating the use of the word
"proclamation" and replacing it with "declaration" to reflect statutory language and actual use,
changing outdated staff titles, and ensuring the document actually reflects statutory citations.
Referenced North Carolina General Statutes (NCGS):
NCGS 14 — both strike through sections were repealed.
NCGS 166A—Authorizes local governments to declare emergencies within their jurisdictions and
references declarations rather than proclamations.
NCGS 166A-19.31(d) — Provides restrictions take effect immediately upon publication of the
declaration and how publication is accomplished.
NCGS 166A-19.22(c)— Provides declarations expire when terminated by the official who declared
them.
NCGS 166A-19.31(h) — Provides that any person who violates the terms of a declaration is guilty
of a class 2 misdemeanor.
The main new provisions are found in sections 14-40, 14-41, and 14-43. Section 14-40 eliminates
the five-day automatic expiration. This will ensure Emergency Services staff can focus on
responding to an emergency and not whether a declaration needs to be renewed. Section 14-41
creates a 30-minute time limit whereby if the Chair cannot be reached to sign a declaration, staff
may move to the next person in the line of succession. Due to connectivity issues during Chantal,
it took approximately 11 hours to obtain signatures on the declaration. Section 14-43 specifies
that the towns may verbally request being added to the County's declaration as long as the verbal
request is appropriately documented and followed up with a written request.
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FINANCIAL IMPACT: There is no financial impact associated with this item.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 2: HEALTHY COMMUNITY
OBJECTIVE 6. Provide sustainable, equitable, and high-quality community safety and
emergency services to meet the community's evolving needs.
RECOMMENDATION(S): The Manager recommends the Board approve on first consideration
the amendments to Chapter 14, Emergency Management Ordinance, of the Orange County Code
of Ordinances, with the amendments to be presented at a subsequent Board meeting for second
consideration and final approval.
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ORD-2025-028
PART I-GENERAL ORDINANCES
Chapter 14-EMERGENCY MANAGEMENT AND EMERGENCY SERVICES
ARTICLE II.STATE OF EMERGENCY
ARTICLE 11. STATE OF EMERGENCY'
Sec. 14-31. Restrictions authorized.
(a) A state of emergency shall be deemed to exist whenever during times of public crisis,disaster, rioting,
catastrophe or similar public emergency,for any reason, public safety authorities are unable to maintain
public order or afford adequate protection for lives,safety or property,or whenever the occurrence of any
such condition is imminent.
(b) In the event of an existing or threatened state of emergency endangering the lives,safety, health and
welfare of the people within the county,or threatening damages to or destruction of property,the chair of
the board of commissioners is authorized and empowered under G.S. 14 299.13 and 166A 9 G.S. 166A to
issue a public pFeelamatieadeclaration declaring to all persons the existence of such a state of emergency
and in order to more effectively protect the lives and property of people within the county,to place in effect
any or all of the restrictions authorized in this article.
(c) The chair is authorized and empowered to limit by the ^F^ at'B;declaration the application of all or any
part of such restrictions to any area specifically designated or described within the county and to specific
hours of the day or night,and to exempt from all or any part of such restrictions,while acting in the line of
and within the scope of their respective duties,emergency management officials, law enforcement officers,
firefighters and other public employees, rescue squad members, doctors, nurses,employees of hospitals and
other medical facilities;American Red Cross volunteers and paid staff;on-duty military personnel,whether
state or federal;on-duty employees of public utilities, public transportation companies,and newspaper,
magazine, radio broadcasting,and television broadcasting corporations operated for profit; and such other
classes of persons as may be essential to the preservation of public order and immediately necessary to
serve the safety, health and welfare needs of people within the county.
(Ord.of 9-18-1990, § 1, eff.9-18-1990)
Sec. 14-32. Proclamation imposing prohibitions and restrictions.
(a) The chair of the board of commissioners by PFeelaFnatiandeclaration may impose the prohibitions and
restrictions specified in sections 14-33-14-37 of this ordinance in the manner described in those sections.
The chair may impose as many of those specified prohibitions and restrictions as he findsthe chair finds are
necessary, because of an emergency,to maintain an acceptable level of public order and services and to
protect lives,safety,and property.The chair shall recite Wss-such findings in the prs +endeclaration.All
prohibitions and restrictions shall take effect as provided in G.S. 166A-19.31(d).
(b) The prer=la Fnatiencleclaration shall be in writing and shall be published to the general public. Publication shall
be accomplished as provided in G.S. 166A-19.31(d). The chair shall take reasonable steps to give notice of
the terms of the pFeela matiencleclaration to those affected by it and shall,when practical, post a copy of it in
the county courthouse.The chair shall send reports of the substance of the pFeela na#iendeclaration to the
'State law reference(s)—Authority to declare a state of emergency,G.S. 14 288.12; leeal eMerg ^Gy
sr�a*ons,G.S. 166A-819.22.
Orange County, North Carolina,Code of Ordinances Created: 2023-12-19 09:11:19 [EST]
(Supp.No.14)
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mass communications media that serve the affected area.The chair shall retain a text of the
preelamatieRclecla ration and furnish copies upon request certified eepies ^f 4+
(Ord.of 9-18-1990, §2, eff.9-18-1990)
Sec. 14-33. Evacuation.
(a) The chair of the board of commissioners may:
(1) Direct and compel the evacuation of all or part of the population of the county;
(2) Prescribe routes, modes of transportation and destination in connection with evacuation; and
(3) Control ingress and egress of a disaster area,the movement of persons within the area,and the
occupancy of premises in the area.
(b) Details of the evacuation may be set forth or amended in a subsequent PFGela Fnat+eedeclaration,which shall
be well publicized.
(Ord.of 9-18-1990, §3, eff.9-18-1990)
Sec. 14-34. Curfew.
(a) The pFeelamatiendeclaration referred to in section 14-32 may impose a curfew prohibiting in certain areas
and during certain periods the appearance in public of anyone who is not a member of an exempted class.
The pFeela matiendecla ration shall specify the geographical areas and the period during each 24-hour day to
which the curfew applies.The chair of the board of commissioners may exempt from some or all of the
curfew restrictions classes of people whose exemption the chair of the board of commissioners finds
necessary for the preservation of the public health,safety and welfare.The preelamatiendeclaration shall
state the exempted classes and the restrictions from which each is exempted.
(b) Unless otherwise specified in the ^r,, matiencleclaration,the curfew shall apply during the specified period
each day until the chair, by pree4amat+eadeclaration, removes the curfew.
(Ord.of 9-18-1990, §4, eff.9-18-1990)
Sec. 14-35. Restrictions on possession, consumption or transfer of alcoholic beverages.
A men,declaration under this article may prohibit the possession or consumption of any alcoholic
beverage, including beer,wine and spirituous liquor,other than on one's own premises, and may prohibit the
transfer,transportation,sale or purchases of any alcoholic beverage within the area of the county described in the
r� mat;e,ideclaration.The prohibition, if imposed, may apply to transfers of alcoholic beverages by employees
of alcoholic beverage control stores as well as by anyone else within the geographical area described.
(Ord.of 9-18-1990, §5, eff.9-18-1990)
Sec. 14-36. Restriction on possession,transportation,transfer of dangerous weapons and
substances.
(a) 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:
Dangerous weapon or substance means:
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(1) Any deadly weapon, ammunition,explosive, incendiary device, radioactive material or device-a-&
dr,fi.,.,.J iR & "' 298 9(e)(S) gasoline,or other instrument or substances designed for a use that
carries a threat of serious bodily injury or destruction of property.
(2) Any other instrument or substance that is capable of being used to inflict serious bodily injury or
destruction of property,when the circumstances indicate that there is some probability that such
instrument or substance will be so used.
(3) Any part or ingredient in any instrument or substance included in subsection (1)and (2)of this
definition when the circumstances indicate a probability that such a part or ingredient will be so used.
(b) Authorized.A preelamatiencleclaration under this article may prohibit the transportation or possession off
one's own premises,or the sale or purchase of any dangerous weapon or substance.The chair of the board
of commissioners may exempt from some or all of the restrictions classes of people whose possession,
transfer or transportation of certain dangerous weapons or substances is necessary to the preservation of
the public's health,safety or welfare.The preela nationdeclaration shall state the exempted classes and the
restrictions from which each is exempted.
(c) Scope. If imposed,the restrictions shall apply throughout the jurisdiction of the county or such part of the
county as designated in the pFeclamatieadeclaration.
(d) PenGltyfier-vie!Gtien 4seetion. A violation of this sectiaR shall be punishable as provided in G.S. 14 288.7.
(Ord.of 9-18-1990, §6, eff.9-18-1990)
Sec. 14-37. Restrictions on access to areas.
(a) A preelar ;ondeclaration under this article may prohibit obtaining access or attempting to obtain access to
any area designated in the manner described in this section, in violation of any order, clearly posted notice,
or barricade indicating that access is denied or restricted.
(b) Areas to which access is denied or restricted shall be designated by the eFneFgeRGY MaRag^f^^*
direeteremergency services director and 4stheir subordinates or law enforcement officers when directed in
the pFeela rpatmeRdeclarationto do so by the chair of the board of commissioners.When acting under this
authority,the^m^F^^^GY m m^^+diFe *^emergency services director and hi-&their subordinates may
restrict or deny access to any area,street, highway or location within the county if that restriction or denial
of access or use is reasonably necessary to promote efforts being made to overcome the emergency or to
prevent further aggravation of the emergency.
(c) The pFeElamat;oRdeclaration may prohibit or restrict the following:
(1) Movement of people in public places;
(2) The operation of offices, business establishments and other places to or from which people may travel
or at which they may congregate;and
(3) Other activities or conditions the control of which may be reasonably necessary to maintain order and
protect lives or property during the state of emergency,within the area designated in the
pFeclamadeclaration.
(Ord.of 9-18-1990, §§7,8,eff.9-18-1990)
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Sec. 14-38. Removal of prohibitions and restrictions.
The chair of the board of commissioners shall by n.^ eRdeclaration terminate the entire declaration of
emergency or remove any of the prohibitions and restrictions when the emergency no longer requires them,or
when directed to do so by the board of commissioners.
(Ord.of 9-18-1990, §9, eff.9-18-1990)
Sec. 14-39. Superseding and amendatory declarations.
The chair of the board of commissioners in 4i-,their discretion may invoke the restrictions authorized by this
article in separate IpFeela Fnatiencleclarations,and may amend any^F,� matindeclaration by means of a
superseding PFBela Fnatiencleclaration in accordance with the procedures set forth in section 14-32.
(Ord.of 9-18-1990, § 10, eff.9-18-1990)
Sec. 14-40. Termination of PFGGla matiendeclaration.
Any preela matieedeclaration issued under this article shall expire as provided in G.S. 166A-19.22(c)€iye�
after 45; last impesitien unless seeReF teF.M.i.RatP-d- A-F P_.4P_.ReP_t_j yiF44.Rg undeF the same pFeeeduFes Set fe-4h
.ction 14 _32 fnr eelamatiens
(Ord.of 9-18-1990, § 11,eff.9-18-1990; Res. No. 2023-013,2-21-23)
Sec. 14-41. Administration of article in case of absence or disability of chair.
In case of the absence or disability of the chair of the board of commissioners,such other person as may be
designated by the board of commissioners shall have and exercise of all the powers in this article given the chair.
The line of succession shall be the vice-chair,the county manager,the ass staRt deputy county manager,the
emergeney management diFeet^Femergency services director,and the assistant division chief of emergency
managementdireete .The line of succession shall be activated if signatures cannot be obtained within 30 minutes
of the need as determined by the emergency services director or division chief of emergency management as the
case may be. The emergency management dire t emergency services director or 4stheir assistants,through
written delegation,shall have the authority to invoke section 14-33 when immediacy of necessary action precludes
contact with the chair.
(Ord.of 9-18-1990, § 12, eff.9-18-1990)
Sec. 14-42. Penalty for violation of article.
Except as^.^.,i,_^,_ in See#i^n 1 4 3c ,Any person violating any prohibition or restriction imposed by a
a matiencleclaration authorized by this article shall be guilty of a misdemeanor, punishable upon conviction in
accordance with seeti^n 1 7, as pFevided by G.S. 166A-19.31(h)44-4.
(Ord.of 9-18-1990, § 13,eff.9-18-1990; Res. No. 2021-073,eff. 12-14-21)
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Sec. 14-43. Territorial applicability.
This article shall not apply within the corporate limits of any municipality,or within any area of the county
over which the municipality has jurisdiction to enact general police power ordinances, unless the municipality by
resolution consents to its application or the mayor of the municipality has requested its application, in which event
it shall apply to such areas as fully and to the same extent as elsewhere in the county.Any such request by a
municipality may be verbal or written. If verbal,the request shall be documented by the emergency services
director or division chief of emergency management as the case may be and shall be confirmed in writing by the
requesting municipality at the earliest reasonable opportunity.
(Ord.of 9-18-1990, § 15,eff.9-18-1990)
Secs. 14-44-14-75. Reserved.
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