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34 <br /> Elected Official's Guide to Emergencies and Disasters <br /> Appendix C: Emergency Ordinances for Orange County <br /> There are a number of laws that cover local emergencies and the declaration of a local <br /> emergency by a local jurisdiction. In general, North Carolina General Statute (NCGS) <br /> 166A (otherwise known as the North Carolina Emergency Management Act) provides <br /> guidance for the creation of local ordinances that cover disasters. For local governments, <br /> 166A Part 4 & Part 5, Section 19-22 through 19-31 provides the legal authority for states <br /> of emergency and authority to enact ordinances to deal with states of emergency, and <br /> referenced below. Orange County's Code of Ordinances, Part I, Chapter 14, Article II <br /> deals with a state of emergency, including prohibitions, restrictions, evacuation, curfew, <br /> and penalty of violation. <br /> Part 4. Declarations of State of Emergency. <br /> 166A-19.22. Municipal or county declaration of state of emergency <br /> (a) Declaration. — A state of emergency may be declared by the governing body of a <br /> municipality or county, if either of these finds that an emergency exists. Authority to <br /> declare a state of emergency under this section may also be delegated by ordinance to <br /> the mayor of a municipality or to the chair of the board of county commissioners of a <br /> county. <br /> (b) Emergency Area. — The emergency area shall be determined in accordance with the <br /> following: <br /> (1) Unless another subdivision of this subsection is applicable, the emergency area <br /> shall not exceed the area over which the municipality or county has jurisdiction to <br /> enact general police-power ordinances. The governing body declaring the state of <br /> emergency may declare that the emergency area includes part or all of the governing <br /> body's jurisdiction. Unless the governing body declaring the state of emergency <br /> provides otherwise, the emergency area includes this entire jurisdiction, subject to <br /> the limitations contained in the other subdivisions in this subsection. <br /> (2) The emergency area of a state of emergency declared by a county shall not <br /> include any area within the corporate limits of any municipality, or within any area of <br /> the county over which a municipality has jurisdiction to enact general police-power <br /> ordinances, unless the municipality's governing body or mayor consents to or <br /> requests the state of emergency's application. Such an extension may be with <br /> respect to one or more of the prohibitions and restrictions imposed in that county <br /> pursuant to the authority granted in G.S. 166A-19.31 and need not be with respect to <br /> all prohibitions and restrictions authorized by that section. <br /> (3) The board of commissioners or chair of the board of commissioners of any county <br /> who has been requested to do so by a mayor may by declaration extend the <br /> emergency area of a state of emergency declared by a municipality to any area within <br /> the county in which the board or chair determines it to be necessary to assist in the <br /> controlling of the emergency within the municipality. The extension may be with <br /> respect to one or more of the prohibitions and restrictions imposed in that mayor's <br /> 311 Page <br />