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Agenda - 12-01-2008 - 3e
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Agenda - 12-01-2008 - 3e
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12/1/2008 4:41:26 PM
Creation date
12/1/2008 4:40:32 PM
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BOCC
Date
12/1/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
3e
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Minutes - 20081201
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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~~ <br />4. The possession, transportation, sale, purchase, storage, and use of dangerous <br />weapons and substances, and gasoline; and <br />5. Other activities or conditions the control of which may be reasonably necessary to <br />maintain order and protect lives or property during the state of emergency.19 <br />This Ordinance authorizes the Chair of the Board of Commissioners to limit by proclamation <br />all or part of restrictions or prohibitions contained within the Ordinance. <br />Analysis <br />At the Board's Work Session, Chief Matthews read from a document identified as "Chapter <br />14 Emergency Management and Emergency Services" which was retrieved from the Internet <br />Municode Library.20 Documents on Municode are not official copies of County ordinances <br />and in many cases do not accurately reflect the contents of County ordinances. North <br />Carolina General Statute § 153A-49 provides that "the County may adopt and issue its code <br />of Ordinances." However, Orange County has not codified its ordinances into a Code of <br />Ordinances. Official copies of Ordinances adopted by the Board are "kept and maintained" <br />in the Office of the Clerk to the Board of Commissioners.21 Municode has not been reviewed <br />by the County for accuracy or by the County Attorney for legality and is not followed in <br />reviewing the law as it pertains to County ordinances. Therefore, we look to the Ordinances <br />maintained in the Clerks Office for an official review of what the Board has adopted. <br />Orange County approved, December 14, 2004, an EMS Franchise Agreement (the <br />"Agreement") with the Rescue Squad providing it with a "nonexclusive Franchise to operate <br />and maintain EMS Services." The Agreement, which terminates on or about December 13, <br />2009, authorizes the Rescue Squad to provide the following "EMS Services": (1) Rescue <br />Services, including light and heavy vehicle extrication, underwater (dive) rescue and <br />wilderness and land search and (2) Primary Ambulance Provider (Special Events Only). The <br />Ordinance, defines "rescue service" as the system of personnel, vehicles and equipment <br />"required to respond to situations where persons or victims are missing or cannot escape an <br />area through the normal exit or under the own power."22 A "primary ambulance provider" is <br />i9 G.S. 14-288.13(b) <br />'0 http~l/library3 municode.com/default/DocView/131.66/1/1.32 <br />'' G.S. 153A-48 <br />"Defined at Section 3, EMS Services Franchise Agreement <br />Puge 5 of 7 <br />
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