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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 16, 2025 <br /> Action Agenda <br /> Item No. 8-g <br /> SUBJECT: Amendments to the Emergency Management Ordinance — Second <br /> Consideration <br /> DEPARTMENT: Emergency Services <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Chapter 14 — Redlined Amendments Kirby Saunders, 919-245-6100 <br /> Resolution of Amendment John Roberts, 919-245-2318 <br /> PURPOSE: To approve on second consideration and approve a resolution adopting amendments <br /> to Chapter 14, Emergency Management Ordinance, of the Orange County Code of Ordinances. <br /> (The Board approved the amendments on first consideration at the September 4, 2025 Business <br /> meeting. Two considerations are required due to the fact that this Ordinance includes a criminal <br /> penalty for violations and thereby the amendments must be considered at two (2) meetings prior <br /> to final approval.) <br /> BACKGROUND: During the recent events surrounding Tropical Storm Chantal, deficiencies <br /> were noted in the Emergency Management Ordinance (the Ordinance) that need correction. <br /> During review of the Ordinance, other aspects were noted as needing amendment for either <br /> clarification or updating. Most of the clarifications include eliminating the use of the word <br /> "proclamation" and replacing it with "declaration" to reflect statutory language and actual use, <br /> changing outdated staff titles, and ensuring the document actually reflects statutory citations. <br /> Referenced North Carolina General Statutes (NCGS): <br /> NCGS 14 — both strike through sections were repealed. <br /> NCGS 166A—Authorizes local governments to declare emergencies within their jurisdictions and <br /> references declarations rather than proclamations. <br /> NCGS 166A-19.31(d) — Provides restrictions take effect immediately upon publication of the <br /> declaration and how publication is accomplished. <br /> NCGS 166A-19.22(c)— Provides declarations expire when terminated by the official who declared <br /> them. <br /> NCGS 166A-19.31(h) — Provides that any person who violates the terms of a declaration is guilty <br /> of a class 2 misdemeanor. <br /> The main new provisions are found in sections 14-40, 14-41, and 14-43. Section 14-40 eliminates <br /> the five-day automatic expiration. This will ensure Emergency Services staff can focus on <br /> responding to an emergency and not whether a declaration needs to be renewed. Section 14-41 <br /> creates a 30-minute time limit whereby if the Chair cannot be reached to sign a declaration, staff <br /> may move to the next person in the line of succession. Due to connectivity issues during Chantal, <br /> it took approximately 11 hours to obtain signatures on the declaration. Section 14-43 specifies <br />