§ 6-5. Declaration of state of emergency.

(a)

A state of emergency shall be declared when it is determined that circumstances and conditions exist which create a real or imminent threat of a public crisis, disaster, rioting, catastrophe, or similar public emergency within the county in response to which public safety authorities are unable to maintain public order or afford adequate protection for lives and property and which pose significant threats to public health and safety.

(b)

The county board of commissioners hereby delegates to the chairman of the board of commissioners, or the chairman's designee, who shall also be a member of the board of commissioners, the authority to determine and declare the existence of a state of emergency within the county, to order the evacuation of some or all portions of the county, to authorize the reentry of persons into the county following evacuation, and to impose, during that state of emergency, prohibitions and restrictions:

(1)

On movements of people in public places;

(2)

Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;

(3)

Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;

(4)

Upon possession, storage, and use of dangerous weapons and substances, and combustible fuels;

(5)

Upon 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.

(c)

A state of emergency declared pursuant to this chapter, and all prohibitions and restrictions imposed as a result of the declaration, shall be established by written proclamation duly executed by the chairman or the chairman's designee, and shall remain in effect until such time as the proclamation is amended or rescinded in the same manner. The proclamation shall include a listing of all restrictions and prohibitions imposed and, where applicable, the date and time on which such restrictions and prohibitions become effective.

(d)

At such time as a state of emergency is declared, the emergency management/operations plan, all standard operating procedures adopted pursuant to the plan, and all applicable mutual aid agreements and other similar agreements and compacts shall be activated.

(e)

Any proclamation declaring the existence of state of emergency, and all restrictions and prohibitions imposed as a result of the declaration, shall apply in all unincorporated areas of the county unless otherwise specified in the proclamation, and shall further apply in the limits of all municipalities within the County that have adopted this Ordinance by resolution pursuant to N.C. General Statutes 153A-122 unless otherwise specified in the proclamation.

(Ord. of 9-8-10)