HomeMy WebLinkAboutORD-2025-028-Article II State of Emergency ORD -2025 -0281
PART I - GENERAL ORDINANCES
Chapter 14 - EMERGENCY MANAGEMENT AND EMERGENCY SERVICES
ARTICLE ll . STATE OF EMERGENCY
ARTICLE II. 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 . 14 288 . 13 and 1: 66A 8 G . S . 166A to
issue a public prse4amationcleclaration 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 PFOela matieadeclaration 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 preGla n atiencleclaration 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 hthe 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 h4s-such findings in the precla matieedeclaration . All
prohibitions and restrictions shall take effect as provided in G . S . 166A- 19 . 31 ( d ) .
( b ) The pFeela nat ieedeclaration 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 preelamatieedeclaration 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 natieedeclaration to the
'State law reference ( s ) — Authority to declare a state of emergenc F, G . So 14 288 12 ; local emergency
theriizatie s , G . S . 166A-819 . 22 .
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mass communications media that serve the affected area . The chair shall retain a text of the
preeiamat+eodeclaration and furnish copies upon request certified copies of it .
( 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 pFeelamatiencleclaration , which shall
be well publicized .
( Ord . of 9 - 18 - 1990, § 3 , eff. 9 - 18 - 1990 )
Sec . 14-34 . Curfew .
( a ) The preelamatieedeclaration 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 preela+watiencleclaration 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 preclamationcleclaration shall
state the exempted classes and the restrictions from which each is exempted .
( b ) Unless otherwise specified in the PFeela mati a ncleclaration , the curfew shall apply during the specified period
each day until the chair, by . declaration , 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 piceela nationcleclaration 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
preciamationdeclaration . 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-s
defined On G.S. 14 288 8 ( e ) ( 5 ) 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 preelarnatiencleclaration 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 preelarnationdeclaration 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 theeElanaa�ieedeclaration .
( d ) PenGityfigr vieiGtien of section . A violation ef this seetieR shall be pUnishable as pFEW ' ded OR 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 proda mat ' eedeclaration 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 emeFoeney management
direeteremergency services director and Nstheir subordinates or law enforcement officers when directed in
the preclama#ie�declaration to do so by the chair of the board of commissioners . When acting under this
authority, the ernergeRey maRagement a ; reete emergency services director and histheir 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 prociamatiencleclaration 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
roclama declaration .
( 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 preclamat+endeclaration 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 PFOelamateendeclarations ,
The chair of the board of commissioners in h-Mheir discretion may invoke the restrictions authorized by this
article in separate preclamatiencleclarations, and may amend any preelamatieRclecla ration by means of a
superseding pFeela :natiancleclaration in accordance with the procedures set forth in section 14 -32 .
( Ord . of 9 - 18- 1990, § 10, eff. 9- 18 - 1990 )
Sec . 1440 . Termination of pFer; l a Fq ati endeclaration .
Any preclamatieedeclaration issued under this article shall expire as provided in G . S . 166A- 19 . 22 ( c )#+ve-days
afteF its last impesition unless seeneF terminated er extended in writ 0 ng uindeF the same pFeeedures set forth in
.-tieR 14 32 fe prec; larnatime+is .
( Ord . of 9 - 18- 1990, § 11, eff. 9 - 18 - 1990 ; Res . No . 2023 -013 , 2 - 21- 23 )
Sec . 1441 . 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 aunt deputy county manager, the
emergency management doFeGteremergency services director, and the assistant division chief of emergency
management-d*ectef . 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 emergence MaRagernent dire } ^ emergency services director or 4istheir 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 . 1442 . Penalty for violation of article .
G ., ,. ^ pt as provided in seetie ^ ' ^ ' & , ^ Any person violating any prohibition or restriction imposed by a
proclama#+endeclaration authorized by this article shall be guilty of a misdemeanor, punishable upon conviction in
accordance with sue^ ^ 1 7, as videa by G . S . 166A- 19 . 31 ( h )14-4 .
( Ord . of 9 - 18 - 1990, § 13 , eff. 9 - 18 - 1990 ; Res . No . 2021 -073 , eff. 12 - 14 - 21 )
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Sec . 1443 , 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 . 1444 - 1445 . Reserved .
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