(A) A state of emergency may be declared by the Chairperson of the Board of Commissioners when he or she finds that an emergency exists. The proclamation shall be in writing. The Chairperson shall take reasonable steps to give notice to the public of the terms of the proclamation. The Chairperson shall send reports of the substance of the proclamation to the mass communications media which serve the affected area. The Chairperson shall retain a text of the proclamation and provide copies upon request.
(B) The proclamation declaring a state of emergency shall include a definition of the area constituting the emergency area. The emergency area of a state of emergency declared by Lincoln County shall not include any area within the corporate limits of the City of Lincolnton or any other municipality, or within any area of Lincoln County over which the City of Lincolnton or any other municipality has jurisdiction to enact general police-power ordinances, unless the municipality's governing body or mayor consents to or requests the state of emergency's application.
(C) The Board of Commissioners or Chair of the Board of Commissioners, if it has been requested to do so by a mayor of the City of Lincolnton, or another municipality within the county, may by declaration extend the emergency area of a state of emergency declared by the requesting municipality to any area within the county in which the Board of Commissioners or Chair of the Board of Commissioners determines it to be necessary to assist in the controlling of the emergency within the requesting municipality. The extension may be with respect to one or more of the prohibitions and restrictions imposed in that mayor's municipality pursuant to the authority granted in G.S. § 166A-19.31 and need not be with respect to all prohibitions and restrictions authorized by that section. Extension of the emergency area pursuant to this subdivision shall be subject to the following additional limitations:
(1) The extension of the emergency area shall not include any area within the corporate limits of a different municipality, or within any area of the county over which a municipality has jurisdiction to enact general police-power ordinances, unless the mayor or governing body of that other municipality consents to its application.
(2) The Chair of the Board of County Commissioners extending the emergency area under the authority of this subdivision shall take reasonable steps to give notice of its terms to those likely to be affected.
(3) The Chair of the Board of Commissioners shall declare the termination of any prohibitions and restrictions extended pursuant to this subdivision upon the earlier of the following:
(a) The Chair's determination that they are no longer necessary.
(b) The determination of the Board of County Commissioners that they are no longer necessary.
(c) The termination of the prohibitions and restrictions within the requesting municipality.
(Ord. passed 3-21-2022)