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Agenda 09-04-2025; 8-h - Amendments to the Emergency Management Ordinance - First Consideration
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Agenda 09-04-2025; 8-h - Amendments to the Emergency Management Ordinance - First Consideration
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9/4/2025
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8-h
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Agenda for September 4, 2025 BOCC Meeting
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3 <br /> ORD-2025-028 <br /> PART I-GENERAL ORDINANCES <br /> Chapter 14-EMERGENCY MANAGEMENT AND EMERGENCY SERVICES <br /> ARTICLE II.STATE OF EMERGENCY <br /> ARTICLE 11. STATE OF EMERGENCY' <br /> Sec. 14-31. Restrictions authorized. <br /> (a) A state of emergency shall be deemed to exist whenever during times of public crisis,disaster, rioting, <br /> catastrophe or similar public emergency,for any reason, public safety authorities are unable to maintain <br /> public order or afford adequate protection for lives,safety or property,or whenever the occurrence of any <br /> such condition is imminent. <br /> (b) In the event of an existing or threatened state of emergency endangering the lives,safety, health and <br /> welfare of the people within the county,or threatening damages to or destruction of property,the chair of <br /> the board of commissioners is authorized and empowered under G.S. 14 299.13 and 166A 9 G.S. 166A to <br /> issue a public pFeelamatieadeclaration declaring to all persons the existence of such a state of emergency <br /> and in order to more effectively protect the lives and property of people within the county,to place in effect <br /> any or all of the restrictions authorized in this article. <br /> (c) The chair is authorized and empowered to limit by the ^F^ at'B;declaration the application of all or any <br /> part of such restrictions to any area specifically designated or described within the county and to specific <br /> hours of the day or night,and to exempt from all or any part of such restrictions,while acting in the line of <br /> and within the scope of their respective duties,emergency management officials, law enforcement officers, <br /> firefighters and other public employees, rescue squad members, doctors, nurses,employees of hospitals and <br /> other medical facilities;American Red Cross volunteers and paid staff;on-duty military personnel,whether <br /> state or federal;on-duty employees of public utilities, public transportation companies,and newspaper, <br /> magazine, radio broadcasting,and television broadcasting corporations operated for profit; and such other <br /> classes of persons as may be essential to the preservation of public order and immediately necessary to <br /> serve the safety, health and welfare needs of people within the county. <br /> (Ord.of 9-18-1990, § 1, eff.9-18-1990) <br /> Sec. 14-32. Proclamation imposing prohibitions and restrictions. <br /> (a) The chair of the board of commissioners by PFeelaFnatiandeclaration may impose the prohibitions and <br /> restrictions specified in sections 14-33-14-37 of this ordinance in the manner described in those sections. <br /> The chair may impose as many of those specified prohibitions and restrictions as he findsthe chair finds are <br /> necessary, because of an emergency,to maintain an acceptable level of public order and services and to <br /> protect lives,safety,and property.The chair shall recite Wss-such findings in the prs +endeclaration.All <br /> prohibitions and restrictions shall take effect as provided in G.S. 166A-19.31(d). <br /> (b) The prer=la Fnatiencleclaration shall be in writing and shall be published to the general public. Publication shall <br /> be accomplished as provided in G.S. 166A-19.31(d). The chair shall take reasonable steps to give notice of <br /> the terms of the pFeela matiencleclaration to those affected by it and shall,when practical, post a copy of it in <br /> the county courthouse.The chair shall send reports of the substance of the pFeela na#iendeclaration to the <br /> 'State law reference(s)—Authority to declare a state of emergency,G.S. 14 288.12; leeal eMerg ^Gy <br /> sr�a*ons,G.S. 166A-819.22. <br /> Orange County, North Carolina,Code of Ordinances Created: 2023-12-19 09:11:19 [EST] <br /> (Supp.No.14) <br /> Page 1 of 5 <br />
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