(A) Pursuant to G.S. § 166A-19.22, 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 Dare 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 deemed necessary to protect public health, safety and welfare and minimize damage to property. The type of prohibitions and restrictions authorized during a state of emergency include prohibition and restriction:
(1) Of movements of people in public places, including any of the following:
(a) Imposing a curfew;
(b) Directing and compelling the voluntary or mandatory evacuation of all or part of the population from any stricken or threatened area within the governing body's jurisdiction;
(c) Prescribing routes, modes of transportation, and destinations in connection with evacuation;
(d) Controlling ingress and egress of an emergency area, and the movement of persons within that area; or
(e) Providing for the closure, within the emergency area of streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular travel, except to the movement of emergency responders and other persons necessary for recovery from the emergency. As authorized by G.S. § 166A-19.31(b)(1)e., the Dare County Sheriff may exercise the authority granted by this subdivision during a declared state of emergency.
(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) With the exception of lawfully possessed firearms (defined pursuant to G.S. § 166A-19.31(b)(4) as handguns, rifles, or shotguns), 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;
(6) Any and all prohibitions and restrictions authorized by G.S. § 166A-19.31.
(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 declaration duly executed by the Chairman or the Chairman's designee, and shall remain in effect until such time as the declaration is amended or rescinded in the same manner. The declaration 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. When a town's mayor consents to or requests the county state of emergency include his or her town as authorized by G.S. § 166A-19.22. (b)(2) & (3), it shall be stated in the county's declaration. Notice of the declaration will be provided to a North Carolina Department of Transportation representative as soon as practical when the closure of any streets, roads, highways, bridges, public vehicular areas, or other areas ordinarily used for vehicular travel is ordered. The signed declaration shall be posted conspicuously on the County website and will be submitted to the North Carolina Department of Public Safety WebEOC critical incident management system as required by G.S. § 166A-19.31(d).
(D) At such time as a state of emergency is declared, the Dare County Emergency Management 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 declaration of a 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 declaration.
(Res. 12-12-34, passed 12-3-2012; Am. Ord. passed 7-20-2020)