Emergency Management Ordinance
Emergency Management Ordinance
The County of Randolph ordains:
Section 1AUTHORITY
This Ordinance is established pursuant to the following:
A.North Carolina Emergency Management Act, as amended (General Statutes
Chapter 166A, Article 1A).
B.The Federal Civil Defense Act of 1950, as amended (Public Law 81-920).
C.The Federal Disaster Relief Act of 1974, as amended (Public Law 93-288).
D.North Carolina General Statutes §§14-288.12 through 14-288.14.
Section 2JURISDICTION
This Ordinance shall be applicable to all unincorporated areas of Randolph County.
Section 3PURPOSE
The purpose of this Ordinance is:
A.To establish an Emergency Management Agency in Randolph County to ensure
the complete and efficient utilization of all of the community’s resourcesto
combat disaster from natural causes such as tornadoes, floods, fire, and
earthquakes; or from those caused by man such as industrial explosions, aircraft
accidents, civil disturbances, and the like; or from enemy attack, sabotage or other
hostile action;
B.To set forth the authority and the responsibilities of local government in the
prevention of, preparation for, response to and recovery from natural or man-
made emergencies or hostile military or paramilitary action and to recognize the
emergency powers conferred upon local government by the North Carolina
General Statutes;
C.To provide for the exchange of mutual aid among neighboring cities and counties;
and
D.To provide for cooperation and coordination of activities relating to emergency
mitigation, preparedness, response and recovery among agencies and officials of
the State of North Carolina, and with similar agencies and officials of other states,
with local and federal governments, with interstate organizations, and with other
private and quasi-official organizations to ensure the most effective preparation,
response and use is made of all available resources for dealing with any
emergencies that may occur.
Section 4DEFINITIONS
A.Dangerous Weapons and Substancesare defined as any deadly weapon,
ammunition, explosive, incendiary device, radioactive material or device, or any
instrument or substance designed for a use that carries a threat of serious bodily
injury or destruction of property; or any instrument or substance that is capable of
being used to inflict serious bodily injury, when circumstances indicate a
probability that such instrument or substance will be so used; or any part or
ingredient in any instrument or substance included above, when the circumstances
indicate a probability that such part or ingredient will be so used.
B.Emergencyis an occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or man-made
accidental, military, paramilitary, weather-related, or riot-related cause.
C.Emergency Arearefers to the geographical area covered by a state of emergency.
D.Emergency Management Agencyrefers to the Randolph County Department of
Emergency Services, the local governmental agency charged with coordination of
all emergency management activities for its jurisdiction.
E.Emergency Management Coordinatorrefers to the Director of the Randolph
County Department of Emergency Services, the individual with the direct
responsibility for the development, organization, administration, and operation of
the Randolph County Emergency Operations Plan as provided in this Ordinance.
F.Emergency Operations Planrefers to the document, developed by the Randolph
County Emergency Management Coordinator, that assigns responsibilities to
organizations and individuals for carrying out specific actions at projected times
and places in an emergency that exceeds the capability or routine responsibility of
any one agency and establishes lines of authority and organizational relationships
within the jurisdiction.
G.Firearmis defined as a handgun, shotgun, or rifle which expels a projectile by
action of an explosion.
H.Mutual Aid Agreementsare defined to include but not be limited to agreements
related to the furnishing or exchange of such supplies, equipment, facilities,
personnel, and services as may be needed with provisions for the reimbursement
of costs and expenses for equipment, supplies, personnel, and similar items upon
such terms and conditions as may be necessary.
I.State of Emergencyis a findingand declaration pursuant to this Ordinance that an
emergency exists.
Section 5STATE OF EMERGENCY
A.The Chairman of the Randolph County Board of Commissioners is hereby
empowered to determine and declare the existence of a state of emergency and
to impose authorized restrictions and prohibitions deemed appropriate.
B.If the Chairman of the Randolph County Board of Commissioners is
unavailable, then the power vested in him pursuant to Section 5 (A) above
shall be conferred upon the Vice Chairman of the Board of Commissioners.
C.If both the Chairman and the Vice Chairman of the Randolph County Board
of Commissioners are unavailable, then the powers described in Section 5 (A)
above shall be held by any of the remaining members of the Board of
Commissioners.
D.Inthe event that a State of Emergency is declared, the authority to coordinate
response is hereby expressly vested in the Emergency Management Agency
and the Emergency Management Coordinator as defined in Section 4 above.
All Randolph County offices and employees shall cooperate with the
Emergency Management Agency and the Emergency Management
Coordinator in carrying out the objectives of the Emergency Operations Plan
and the declaration of a state of emergency.
E.Any or all of the following prohibitions andrestrictions may be included in
the declaration of a state of emergency when deemed necessary:
1.the prohibition/restriction of movements of people in public places,
including imposing a curfew, directing and compelling the voluntary or
mandatory evacuation of all or part of the population from any stricken or
threatened area, prescribing routes, modes of transportation and
destinations in connection with evacuation, and controlling the ingress and
egress of an emergency area and the movements of people within the area;
2.the prohibition/restriction of the operation of offices, business
establishments, and other places to or from which people may travel or at
which they may congregate;
3.a prohibition/restriction on the possession, transportation, sale, purchase
and consumption of alcoholic beverages;
4.a prohibition/restriction on the possession, transportation, sale, purchase,
storage and use of gasoline and dangerous weapons and substances except
that this section does not authorize prohibitions or restrictions on lawfully
possessed firearms or ammunition for said firearms; and
5.a prohibition/restriction upon any other activity or condition, the control of
which may be reasonably necessary to maintain order and protect lives or
property during the state of emergency.
Section 6EMERGENCY MANAGEMENT COORDINATOR
RESPONSIBILITIES
A.The Emergency Management Coordinator will have the direct responsibility
for the development, organization, administration, and operation of the
Randolph County Emergency Operations Plan, subject to the direction and
guidance of the Randolph County Board of Commissioners.
B.In addition to developing the Emergency Operations Plan, as stated in Section
6 (A) above, the Emergency Management Coordinator is directed to pursue
and develop mutual aid agreements with other agencies for reciprocal
emergency management aid and assistance consistent with the Randolph
County Emergency Operations Plan and with the State of North Carolina’s
emergency management programs and plans.
C.The Emergency Management Coordinator has the responsibility and authority
to collect bids and present recommendations for the award of and preparation
of any contracts that may be needed to be ready for activation in the event of
an emergency.
Section 7REPEAL OF PRIOR ORDINANCES
The “Randolph County Emergency Management Agency Ordinance” enacted January 3,
2005, is hereby repealed.
Section 8EFFECTIVE DATE
This Ordinance shall become effective on September 4, 2012.
Upon motion of Commissioner Frye, seconded by Commissioner Kemp, the
foregoing Ordinance was passed by the following vote:
Ayes:5
Noes:0
I, Cheryl A. Ivey, Clerk to the Randolph County Board of Commissioners, do hereby
certify that the foregoing Ordinance was duly adopted by the governing body of
Randolph County at a regular meeting thereof, a quorum being present.
th
The 4day ofSeptember, 2012.
_____
Cheryl A. Ivey
Clerk to the Board
County of Randolph
EM Ordinance created 9/9/80 repealed 1/3/05
EM Ordinance created 1/3/05 repealed 9/4/12