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§ 70.11 NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS); RECOGNITION AND COMPLIANCE.
   (A)   The county shall recognize the National Incident Management System (NIMS) and adopt the principles and policies of the NIMS that will insure the complete and efficient utilization of all of the county’s resources to combat disasters.
   (B)   NIMS principles and policies are to be adhered to by all emergency management forces and across all functional disciplines within the county to provide a comprehensive approach to incident management.
   (C)   Emergency Management, with guidance from the NIMS Integration Center (NIC), will be the coordinating agency for all activity in connection with NIMS.
(Res. passed - -2006)
§ 70.12 SEVERABILITY.
   Should any provisions of this subchapter be declared invalid for any reason, by any court of competent jurisdiction, such declaration of invalidity shall not affect the validity of the provisions or of this subchapter as a whole.
(1984 Code, § 2-5-26) (Ord. passed 10-1-1990)
STATE OF EMERGENCY
§ 70.25 TERRITORIAL APPLICABILITY.
   This chapter shall not apply within the corporate limits of any municipality, or within any area of the county over which a municipality has jurisdiction to enact general police-power ordinances, unless the municipality by resolution consents to its application, in which event it shall apply to the areas as fully and to the same extent as elsewhere in the county.
(1984 Code, § 2-5-36) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
§ 70.26 “STATE OF EMERGENCY” DEFINED; RESTRICTIONS AUTHORIZED.
   (A)   A state of emergency shall be deemed to exist whenever, during times of public crisis, disaster, rioting, catastrophe or similar public emergency, for any reason, public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property, or whenever the occurrence of any condition is imminent.
   (B)   In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the county or any part thereof, or threatening damage to or destruction of property, the Chairperson of the Board of Commissioners is hereby authorized and empowered under G.S. § 166A8, to issue a public proclamation declaring to all persons the existence of a state of emergency, and, in order to more effectively protect the lives and property of people within the county, to place in effect any or all of the restrictions authorized in this chapter.
   (C)   The Chairperson is hereby authorized and empowered to limit, by the proclamation, the application of all or any part of the restrictions to any area specifically designated or described within the county and to specific hours of the day or night, and to exempt from all or any part of the restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, firefighters and other public employees, rescue squad members, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel whether state or federal; on-duty employees of public utilities, public transportation companies and newspaper, magazine, radio broadcasting and television broadcasting corporations operated for profit; and the other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the county.
(1984 Code, § 2-5-38) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
§ 70.27 STATE OF EMERGENCY PROCLAIMED, GENERALLY.
   (A)   The Chairperson of the Board of Commissioners, by proclamation, may impose the prohibitions and restrictions specified in §§ 70.30 and 70.31 in the manner described in those sections. The Chairperson may impose as many of those specified prohibitions and restrictions as he or she finds necessary, because of an emergency, to maintain an acceptable level of public order and services, and to protect lives, safety and property. The Chairperson shall recite the findings in the proclamation.
   (B)   The proclamation shall be in writing. The Chairperson shall take reasonable steps to give notice of the terms of the proclamation to those affected by it and shall post a copy of it in the county courthouse. The Chairperson shall retain a text of the proclamation and furnish, upon request, certified copies of it for use as evidence.
(1984 Code, § 2-5-39) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
§ 70.28 PROCLAMATION, AMENDMENTS TO.
   The Chairperson may amend or extend the proclamation from time to time, making the modifications as he or she would have been authorized to include in the original proclamation. The proclamation shall expire five days after its last imposition unless sooner terminated.
(1984 Code, § 2-5-40) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
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