(A) This chapter is adopted by the County of Dare as an exercise of its police powers for the protection of the public peace, health, and safety as authorized by state and federal law, and all functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the county, nor its agents, representatives, or any volunteer, emergency management personnel, individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents therefor acting in good faith and without gross negligence or willful misconduct while carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter or any applicable provision of state and federal law, shall be liable for any injury or damage sustained to persons or property as the result of said activity.
(B) Any person, firm, or corporation, together with any successors in interest, if any, owning or legally controlling real or personal property who voluntarily or involuntarily, knowingly or unknowingly, with or without compensation grants a license, privilege, or otherwise permits or allows the county and its agents, representatives, contractors, and subcontractors the right to inspect, designate and use the whole or any part or parts of such real or personal property for the purpose, activities, or functions relating to emergency management as provided for in this chapter or within the North Carolina General Statutes shall not be civilly liable for the death of, or injury to, any persons, or the loss of or damage to the property of any persons where such death, injury, loss or damage resulted from, through or because of the use of the said real or personal property for any of the above purposes provided that the use of said property is subject to the order or control or pursuant to a request of Dare County, the State of North Carolina, or any political subdivision thereof.
(Res. 12-12-34, passed 12-3-2012; Am. Ord. passed 7-20-2020)