Chapter 76 - Emergency Management

This article shall be known and may be cited and referred to as the "Emergency Management Ordinance for the County of Henderson."

1. It is the intent and purpose of this article to establish an office that will ensure the complete and efficient utilization of all of the County of Henderson's resources to combat disaster resulting from enemy actions or other disasters as defined herein.
2. The Henderson County Office of Emergency Management will be the coordinating agency for all activity in connection with emergency management. It will be the instrument through which the Henderson County Board of Commissioners may exercise the authority and discharge the responsibilities vested in it during disaster emergencies.
3. This article will not relieve any County department of the moral responsibilities or authority given to it by the North Carolina General Statutes or by local ordinances, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
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 Emergency Management Coordinator shall have the same powers and duties with respect to the municipality as he/she does for the County.

The following terms are defined for purposes of this Chapter:

1. Attack - A direct or indirect assault against the County of Henderson, its government, its environs or the nation by the forces of a hostile nation or the agents thereof, including assault by bombing, conventional or nuclear, chemical or biological warfare, terrorism or sabotage.
2. Coordinator - The Coordinator of the Henderson County Emergency Management Agency, appointed as prescribed in this article.
3. Disaster/Emergency - Actual or threatened enemy attack, sabotage or extraordinary fire, flood, storm, epidemic, accident, chemical spill or other impending or actual calamity endangering or threatening to endanger health, life or property of constituted government.
4. Emergency Management - The basic government function of maintaining the public peace, health and safety during an emergency. This term shall include plans and preparations for protection and relief, recovery and rehabilitation from effects of an attack by the forces of an enemy nation or the agents thereof or a disaster as defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
5. Emergency Management Forces - The employees, equipment and facilities of all County departments, boards, councils, institutions and commissions, and, in addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
6. Emergency Management Volunteer - Any person duly registered, identified and appointed by the Coordinator of the Henderson County Emergency Management Agency and assigned to participate in the emergency management activity.
7. Regulations - Plans, programs and other emergency procedures deemed essential to emergency management.
8. Volunteer - Contributing a service, equipment or facilities to the Emergency Management Agency without remuneration.

1. The organization shall consist of the following:
   
   1. An Agency of Emergency Management within the Executive Department of the Henderson County government under the direction of the Henderson County Board of Commissioners through the County Manager. The agency head of the Henderson County Emergency Management Agency shall be known as the "Coordinator," and such assistants and other employees as are deemed necessary for the proper functioning of the Agency will be appointed.
   2. The employees and resources of all Henderson County departments, boards, institutions and councils shall participate in the emergency management activities. Duties assigned to County departments shall be the same as or similar to the normal duties of the department, where possible.
   3. Volunteer personnel and agencies offering service to, and accepted by, the County.
2. The Henderson County Board of Commissioners shall appoint a Coordinator of the Henderson County Emergency Management Agency who shall be a person well-versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this article.
3. The Coordinator shall designate and appoint Deputy Coordinators to assume the emergency duties of the Coordinator in the event of his absence or inability to act.

The Coordinator shall be responsible to the Henderson County Board of Commissioners through the Henderson County Manager in regard to all phases of emergency management activity. The Coordinator shall be responsible for the planning, coordination and operation of the emergency management activities in Henderson County. The Coordinator shall maintain liaison with the state and federal authorities and the authorities of nearby political subdivisions so as to ensure the most effective operation of the emergency management plans. The Coordinator's duties shall include, but not be limited to, the following:

1. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the County of Henderson for emergency management purposes.
2. Developing and coordinating plans for the immediate use of all facilities, equipment, manpower and other resources of the County for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare.
3. Negotiating standing agreements with owners or persons in control of buildings or other property for emergency management purposes, including use as public shelters, for approval by the Henderson County Board of Commissioners. In an emergency or disaster situation, the Emergency Management Coordinator shall have discretion and authority to designate other buildings and property for emergency management purposes and to negotiate with the owner of such property concerning such use; however, the Emergency Management Coordinator shall be required to make a full accounting to the Henderson County Board of Commissioners of expenditures, if any, associated with such designation at the next regular Board of Commissioners meeting following the conclusion of the emergency/disaster.
4. Through public informational programs, educating the populace as to actions necessary and required for the protection of their persons and property in case of enemy attack or disaster as defined herein, either impending or present.
5. Conducting public practice exercises to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures and operations.
6. Coordinating the activity of all other public and private agencies engaged in any emergency management activities.

1. Comprehensive emergency management plans shall be adopted and maintained by resolution of the Henderson County Board of Commissioners. In the preparation of these plans as they pertain to County organization, it is intended that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by these plans and to maintain their portions of the plans in a current state of readiness at all times. These plans shall have the effect of law whenever a disaster, as defined in this article, has been proclaimed.
2. The Coordinator shall prescribe in the emergency plans those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Coordinator a current list of three persons as successors to his position. The list will be in order of succession and will nearly as possible designate persons best capable of carrying out all assigned duties and functions.
3. Each agency director and department head assigned responsibility in the plans shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned employees and, where needed, volunteers. Each agency director or department head shall formulate the standing operating procedure to implement the plans for his service.
4. Amendments to these plans shall be submitted to the Coordinator. If approved, the Coordinator will then submit the amendments to the Henderson County Board of Commissioners with his recommendation for their approval. Such amendments shall take effect on the date of approval, unless otherwise specified by the Board of Commissioners.
5. When a required competency or skill for a disaster function is not available within government, the Coordinator is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also include the granting of authority for the persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. Such services from persons outside of government may be accepted on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers.

1. When a required competency or skill for a disaster function is not available within government, the Coordinator is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also include the granting of authority for the persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. Such services from persons outside of government may be accepted on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers.
2. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the County of Henderson the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice disaster situation shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person.

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.

At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede all existing local ordinances, local orders, local rules and local regulations insofar as the latter may be inconsistent therewith.

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