Article II - State of Emergency

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.

1. The Henderson County Manager, by proclamation, may impose the prohibitions and restrictions specified in § 76-12 through 76-17 of this article in the manner described in those sections. The Henderson County Manager may impose as many of those specified prohibitions and restrictions as he 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 Henderson County Manager shall recite his findings in the proclamation.
2. The proclamation shall be in writing. The Henderson County Manager shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the County Courthouse. The Henderson County Manager shall send reports of the substance of the proclamation to the mass communications media which serve the affected area and officials of municipalities located within the County. The Henderson County Manager shall retain a text of the proclamation and furnish upon request certified copies of it. See Attachment 1.

The Henderson County Manager may direct and compel the evacuation of all or part of the population of the County of Henderson to prescribed routes, modes of transportation and destination in connection with evacuation and control ingress and egress to a disaster area, the movement of persons within the area and the occupancy of premises therein. Details of the evacuation may be set forth or amended in a subsequent proclamation which shall be well publicized.

1. The proclamation 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 proclamation shall specify the geographical area or areas and the period during each twenty-four-hour day to which the curfew applies. The Henderson County Manager may exempt from some or all of the curfew restrictions classes of people whose exemption the Henderson County Manager finds necessary for the preservation of the public health, safety and welfare. The proclamation shall state the exempted classes and the restrictions from which each is exempted.
2. Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Henderson County Manager by proclamation removes the curfew.

The proclamation 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 proclamation. 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.

1. The proclamation may prohibit the transportation or possession off one's own premises or the sale or purchase of any dangerous weapon or substance. The Henderson County Manager 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 proclamation shall state the exempted classes and the restrictions from which each is exempted.
2. "Dangerous weapon or substance" means:
   
   1. Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device as defined in N.C.G.S. 14-288.1, gasoline or other instrument or substance 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 above when the circumstances indicate a probability that such a part or ingredient will be so used.
3. If imposed, the restrictions shall apply throughout the jurisdiction of the County or such part thereof as designated in the proclamation.
4. A violation of this section shall be punishable as provided in N.C.G.S. 166A-19.31.

1. The proclamation 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.
2. Areas to which access is denied or restricted shall be designated by the Sheriff and his subordinates or other law enforcement officer when directed in the proclamation to do so by the Henderson County Manager. When acting under this authority, the Sheriff and his 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.

The proclamation may prohibit or restrict:

1. Movements 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 proclamation.

The Henderson County Manager shall by proclamation 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.

The Henderson County Manager, in his/her discretion, may invoke the restrictions authorized by this article in separate proclamations and may amend any proclamation by means of a superseding proclamation in accordance with the procedures set forth in §76-11.

Any proclamation issued under this article shall expire five days after its last imposition, unless sooner terminated, in writing, under the same procedures set forth in §76-11 for proclamations. See Attachment 2.

1. In case of the absence or disability of the Henderson County Manager, the Henderson County Emergency Management Coordinator or such other person as may be designated by the Board of Commissioners shall have and exercise all of the powers which have been herein given to the Henderson County Manager.
2. In the case of the absence or disability of both the Henderson County Manager and the Henderson County 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 and exercise all of the powers which have been given herein to the Henderson County Manager.

Misdemeanor. The violation of any provision of this Chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as a misdemeanor as provided in N.C. Gen. Stat. §14-4.

• Section 1. Pursuant to County Code of Ordinances Chapter 76 and Chapter 166A of the North Carolina General Statutes and Chapter 14 of the North Carolina General Statutes, Article 36A, I have determined that a state of emergency as defined in County Code of Ordinance Chapter 76 exists in the County of Henderson, North Carolina based on the following findings
• Section 2. I, therefore, proclaim the existence of a state of emergency in the County of Henderson, North Carolina.
• Section 3. I hereby order all county law enforcement officers and employees and all other emergency management personnel subject to my control to cooperate in the enforcement and implementation of the provisions of the county emergency ordinances which are set forth below.
• Section 4. Evacuation. I have determined that, in the best interest of public safety and protection, it is necessary to evacuate the civilian population from the County of Henderson. Citizens are free to use any type of transportation, but they are to use only ____________________ in leaving the county. Evacuation is to occur as soon as possible. Further proclamation concerning evacuation will be issued as needed.
• Section 5. Curfew. Unless a member of the county's law enforcement agency or the emergency management program, every person who is located within a _______________ radius of _______________ is to be inside a house dwelling from the hours of __________ to __________.
• Section 6. No alcoholic beverages. There shall be no sale, consumption, transportation or possession of alcoholic beverages during the state of emergency in the County of Henderson, North Carolina, except possession or consumption is allowed on a person's own premises.
• Section 7. No firearms, ammunition or explosives. During the state of emergency, there shall be no sale or purchase of any type of firearm or ammunition or any possession of such items, along with any type of explosive, off the owner's own premises.
• Section 8. Execution of emergency plan. All civilians and emergency management personnel are ordered to comply with the emergency reaction plan.
• Section 9. This proclamation shall become effective immediately.

Proclaimed this the __________ day of ____________________, 201_ at __ (a.m. /p.m.)

____________________________________________

Henderson County Manager

NOTE: The State of Emergency Proclamation should clearly state who, what, where and why any restrictions are implemented. (E.g. The curfew is intended to reduce unnecessary traffic and prevent accidents after 6:00 p.m. The curfew will not affect business operations or persons commuting to and from work etc.)

NOTE: When implementing restrictions law enforcement agencies should be consulted regarding enforcement activities.

• Section 1. On ____________________, 201__     at _____ (a.m./p.m.), I determined and proclaimed a local state of emergency for the County of Henderson, North Carolina.
• Section 2. On ____________________, 201__  at ______ (a.m./p.m.), I ordered the evacuation of all civilians from the area, imposed a curfew, prohibited alcoholic beverages, firearms, ammunition and explosives and ordered the execution of the emergency reaction plan.
• Section 3. I have determined that a state of emergency no longer exists in the County of Henderson.
• Section 4. I thereby terminate the proclamation of a local state of emergency and all of the restrictions and orders therein.
• Section 5. This proclamation is effective immediately.

Proclaimed this the __________ day of ____________________, 201_ at __ (a.m. /p.m.)

____________________________________________

Henderson County Manager