76-10. Proclamation by County Manager.

  1. 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.
  2. In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within Henderson County or any part thereof or threatening damage to or destruction of property, the Henderson County Manager is hereby authorized and empowered, under N.C.G.S. 166A-19.31, to issue a public proclamation 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 hereinafter authorized.
  3. The Henderson County Manager is hereby authorized and empowered to limit by the proclamation 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, law enforcement officers, firemen and other public employees; rescue squad members, doctors, nurses and employees of hospitals and other medical facilities; 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.
  4. This article shall apply to any municipality upon specific request of the governing body of the municipality and consent of the Henderson County Board of Commissioners through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20. In such event, the Henderson County Manager, the Emergency Management Coordinator, the Chairperson of the Henderson County Board of Commissioners, or such other person as may be designated by the Board of Commissioners, shall have the same powers and duties with respect to the municipality as he/she does for the County.