Chapter 76
Emergency Management 
Article I - Emergency Management Agency  
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 2-19-1997;
11-18-1998; 8-20-2003] 
 
§ 76-1.  Short Title. 
This article shall be known and may be cited and referred to as the "Emergency Management Ordinance for
the County of Henderson."  
§ 76-2.  Purpose; Coordinating Agency; County Departments and
Volunteer Agencies.  
A.
It is the intent and purpose of this article to establish an office that will ensure the 
complete and efficient utilization of all of the County of Henderson's resources to combat
disaster resulting from enemy actions or other disasters as defined herein.  
B.
The Henderson County Office of Emergency Management will be the coordinating 
agency for all activity in connection with emergency management. It will be the  
instrument through which the Henderson County Board of Commissioners may exercise 
the authority and discharge the responsibilities vested in it during disaster emergencies.  
C.
This article will not relieve any County department of the moral responsibilities or 
authority given to it by the North Carolina General Statutes or by local ordinances, nor 
will it adversely affect the work of any volunteer agency organized for relief in disaster 
emergencies.  
D.
This article shall apply to any municipality upon specific request of the governing body 
of the municipality and consent of the Henderson County Board of Commissioners 
through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20. In such 
event, the Emergency Management Coordinator shall have the same powers and duties 
with respect to the municipality as he/she does for the County. 
§ 76-3.  Definitions. 
The following terms are defined for purposes of this Chapter:  
(1)
Attack  - A direct or indirect assault against the County of Henderson, its government, its 
environs or the nation by the forces of a hostile nation or the agents thereof, including 
assault by bombing, conventional or nuclear, chemical or biological warfare, terrorism or
sabotage.   
(2)
Coordinator - The Coordinator of the Henderson County Emergency Management 
Agency, appointed as prescribed in this article.   
(3)
Disaster/Emergency - Actual or threatened enemy attack, sabotage or extraordinary fire, 
flood, storm, epidemic, accident, chemical spill or other impending or actual calamity 
endangering or threatening to endanger health, life or property of constituted government.   
(4)
Emergency Management - The basic government function of maintaining the public 
peace, health and safety during an emergency. This term shall include plans and  
preparations for protection and relief, recovery and rehabilitation from effects of an 
attack by the forces of an enemy nation or the agents thereof or a disaster as defined 
herein. It shall not, however, include any activity that is the primary responsibility of the 
military forces of the United States.   
(5)
Emergency Management Forces - The employees, equipment and facilities of all County 
departments, boards, councils, institutions and commissions, and, in addition, it shall 
include all volunteer personnel, equipment and facilities contributed by, or obtained from,
volunteer persons or agencies.   
(6)
Emergency Management Volunteer - Any person duly registered, identified and  
appointed by the Coordinator of the Henderson County Emergency Management Agency
and assigned to participate in the emergency management activity.   
  
(7)
Regulations - Plans, programs and other emergency procedures deemed essential to 
emergency management.   
(8)
Volunteer
-
Contributing a service, equipment or facilities to the Emergency Management
Agency without remuneration.  
 
§ 76-4.  Organization and Appointments
A.
The organization shall consist of the following:  
(1)
An Agency of Emergency Management within the Executive Department of the 
Henderson County government under the direction of the Henderson County 
Board of Commissioners through the County Manager. The agency head of the 
Henderson County Emergency Management Agency shall be known as the 
"Coordinator," and such assistants and other employees as are deemed necessary
for the proper functioning of the Agency will be appointed.  
(2)
The employees and resources of all Henderson County departments, boards, 
institutions and councils shall participate in the emergency management 
activities. Duties assigned to County departments shall be the same as or similar 
to the normal duties of the department, where possible.  
(3)
Volunteer personnel and agencies offering service to, and accepted by, the 
County.    
B.
The Henderson County Board of Commissioners shall appoint a Coordinator of the 
Henderson County Emergency Management Agency who shall be a person well-versed 
and trained in planning operations involving the activities of many different agencies 
which will operate to protect the public health, safety and welfare in the event of danger 
from enemy action or disaster as defined in this article.  
C.
The Coordinator shall designate and appoint Deputy Coordinators to assume the 
emergency duties of the Coordinator in the event of his absence or inability to act.    
§ 76-5.  Powers and Duties of Coordinator. 
The Coordinator shall be responsible to the Henderson County Board of Commissioners through the
Henderson County Manager in regard to all phases of emergency management activity. The Coordinator
shall be responsible for the planning, coordination and operation of the emergency management activities
in Henderson County. The Coordinator shall maintain
liaison with the state and federal authorities and the
authorities of nearby political subdivisions so as to ensure the most effective operation of the emergency
management plans. The Coordinator's duties shall include, but not be limited to, the following:  
A.
Coordinating the recruitment of volunteer personnel and agencies to augment the 
personnel and facilities of the County of Henderson for emergency management 
purposes.  
B.
Developing and coordinating plans for the immediate use of all facilities, equipment, 
manpower and other resources of the County for the purpose of minimizing or preventing
damage to persons and property and protecting and restoring to usefulness governmental 
services and public utilities necessary for the public health, safety and welfare.  
C.
Negotiating standing agreements with owners or persons in control of buildings or other 
property for emergency management purposes, including use as public shelters, for 
approval by the Henderson County Board of Commissioners. In an emergency or disaster
situation, the Emergency Management Coordinator shall have discretion and authority to 
designate other buildings and property for emergency management purposes and to 
negotiate with the owner of such property concerning such use; however, the Emergency 
Management Coordinator shall be required to make a full accounting to the Henderson 
County Board of Commissioners of expenditures, if any, associated with such 
designation at the next regular Board of Commissioners meeting following the 
conclusion of the emergency/disaster.  
D.
Through public informational programs, educating the populace as to actions necessary 
and required for the protection of their persons and property in case of enemy attack or 
disaster as defined herein, either impending or present.  
  
E.
Conducting public practice exercises to ensure the efficient operation of the emergency 
management forces and to familiarize residents with emergency management regulations,
procedures and operations.  
F.
Coordinating the activity of all other public and private agencies engaged in any 
emergency management activities. 
   
§ 76-6.  Emergency Management Plans.  
A.
Comprehensive emergency management plans shall be adopted and maintained by 
resolution of the Henderson County Board of Commissioners. In the preparation of these 
plans as they pertain to County organization, it is intended that the services, equipment, 
facilities and personnel of all existing departments and agencies shall be utilized to the 
fullest extent. When approved, it shall be the duty of all departments and agencies to 
perform the functions assigned by these plans and to maintain their portions of the plans 
in a current state of readiness at all times. These plans shall have the effect of law 
whenever a disaster, as defined in this article, has been proclaimed.  
B.
The Coordinator shall prescribe in the emergency plans those positions within the disaster
organization, in addition to his own, for which lines of succession are necessary. In each 
instance, the responsible person will designate and keep on file with the Coordinator a 
current list of three persons as successors to his position. The list will be in order of 
succession and will nearly as possible designate persons best capable of carrying out all 
assigned duties and functions.  
C.
Each agency director and department head assigned responsibility in the plans shall be 
responsible for carrying out all duties and functions assigned therein. Duties will include 
the organization and training of assigned employees and, where needed, volunteers. Each
agency director or department head shall formulate the standing operating procedure to 
implement the plans for his service.  
D.
Amendments to these plans shall be submitted to the Coordinator. If approved, the 
Coordinator will then submit the amendments to the Henderson County Board of 
Commissioners with his recommendation for their approval. Such amendments shall take
effect on the date of approval, unless otherwise specified by the Board of Commissioners.  
E.
When a required competency or skill for a disaster function is not available within 
government, the Coordinator is authorized to seek assistance from persons outside of 
government. The assignment of duties, when of a supervisory nature, shall also include 
the granting of authority for the persons so assigned to carry out such duties prior to, 
during and after the occurrence of a disaster. Such services from persons outside of 
government may be accepted on a volunteer basis. Such citizens shall be enrolled as 
emergency management volunteers.    
§ 76-7.  Liability.  
A.
This article is an exercise by the County of Henderson of its governmental functions for 
the protection of the public peace, health and safety, and neither the County of 
Henderson, or agents and representatives of the same, nor any individual, receiver, firm, 
partnership, corporation, association or trustee, or any of the agents thereof, in good faith 
carrying out, complying with or attempting to comply with any order, rule or regulation 
promulgated pursuant to the provisions of this article shall be liable for any damage 
sustained to persons or property as the result of said activity.  
B.
Any person owning or controlling real estate or other premises who voluntarily and 
without compensation grants the County of Henderson the right to inspect, designate and 
use the whole or any part or parts of such real estate or premises for the purpose of 
sheltering persons during an actual, impending or practice disaster situation shall not be 
civilly liable for the death of, or injury to, any persons on or about such real estate or 
premises under such license, privilege or other permission or for loss of or damage to the 
property of such person.    
  
§ 76-8.  Violations and Penalties
Any person who violates any of the provisions of this article or plans issued pursuant to the authority
contained herein or who willfully obstructs, hinders or delays any member of the emergency management
organization, as herein defined, in the enforcement of the provisions of this article or any plan issued there
under shall be subject to the penalties set forth in Henderson County Code, Chapter 1, General Provisions,
Article II.  
§ 76-9.  Conflicting Ordinances, Rules and Regulations. 
At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in
effect, they shall supersede all existing local ordinances, local orders, local rules and local regulations
insofar as the latter may be inconsistent therewith.  
 
Article II - State of Emergency 
§ 76-10.  Proclamation by County Manager.  
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 such 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 Henderson County or any part thereof or 
threatening damage to or destruction of property, the Henderson County Manager is 
hereby authorized and empowered, under N.C.G.S. 166A-19.31, to issue a public 
proclamation declaring to all persons the existence of such 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 hereinafter authorized.  
C.
The Henderson County Manager is hereby authorized and empowered to limit by the 
proclamation the application of all or any part of such 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 such restrictions, while acting in the line of and within the 
scope of their respective duties, law enforcement officers, firemen and other public 
employees; rescue squad members, doctors, nurses and 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 such 
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 people within the 
County.  
D.
This article shall apply to any municipality upon specific request of the governing body 
of the municipality and consent of the Henderson County Board of Commissioners 
through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20. In such 
event, the Henderson County Manager, the Emergency Management Coordinator, the 
Chairperson of the Henderson County Board of Commissioners, or such other person as 
may be designated by the Board of Commissioners, shall have the same powers and 
duties with respect to the municipality as he/she does for the County. 
§ 76-11.  Restrictions Imposed; Notice Of Proclamation.  
A.
The Henderson County Manager, by proclamation, may impose the prohibitions and 
restrictions specified in § 76-12 through 76-17 of this article in the manner described in 
those sections. The Henderson County Manager may impose as many of those specified 
prohibitions and restrictions as he finds are necessary, because of an emergency, to 
maintain an acceptable level of public order and services and to protect lives, safety and 
property. The Henderson County Manager shall recite his findings in the proclamation.  
  
B.
The proclamation shall be in writing. The Henderson County Manager 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 Henderson County Manager shall 
send reports of the substance of the proclamation to the mass communications media 
which serve the affected area and officials of municipalities located within the County. 
The Henderson County Manager shall retain a text of the proclamation and furnish upon 
request certified copies of it. See Attachment 1.
   
§ 76-12. Evacuation.
The Henderson County Manager may direct and compel the evacuation of all or part of the population of
the County of Henderson to prescribed routes, modes of transportation and destination in connection with
evacuation and control ingress and egress to a disaster area, the movement of persons within the area and
the occupancy of premises therein. Details of the evacuation may be set forth or amended in a subsequent
proclamation which shall be well publicized.  
§ 76-13. Curfew
A.
The proclamation may impose a curfew prohibiting in certain areas and during certain 
periods the appearance in public of anyone who is not a member of an exempted class. 
The proclamation shall specify the geographical area or areas and the period during each 
twenty-four-hour day to which the curfew applies. The Henderson County Manager may 
exempt from some or all of the curfew restrictions classes of people whose exemption the
Henderson County Manager finds necessary for the preservation of the public health, 
safety and welfare. The proclamation shall state the exempted classes and the restrictions 
from which each is exempted.  
B.
Unless otherwise specified in the proclamation, the curfew shall apply during the 
specified period each day until the Henderson County Manager by proclamation removes
the curfew.    
§ 76-14. Alcoholic Beverages. 
The proclamation may prohibit the possession or consumption of any alcoholic beverage, including beer,
wine and spirituous liquor, other than on one's own premises and may prohibit the transfer, transportation,
sale or purchases of any alcoholic beverage within the area of the County described in the proclamation.
The prohibition, if imposed, may apply to transfers of alcoholic beverages by employees of alcoholic
beverage control stores as well as by anyone else within the geographical area described.  
§ 76-15.  Dangerous Weapons and Substances.  
A.
The proclamation may prohibit the transportation or possession off one's own premises or
the sale or purchase of any dangerous weapon or substance. The Henderson County 
Manager may exempt from some or all of the restrictions classes of people whose 
possession, transfer or transportation of certain dangerous weapons or substances is 
necessary to the preservation of the public's health, safety or welfare. The proclamation 
shall state the exempted classes and the restrictions from which each is exempted.  
B.
"Dangerous weapon or substance" means:  
(1)
Any deadly weapon, ammunition, explosive, incendiary device, radioactive 
material or device as defined in N.C.G.S. 14-288.1,  gasoline or other 
instrument or substance designed for a use that carries a threat of serious bodily 
injury or destruction of property.  
(2)
Any other instrument or substance that is capable of being used to inflict serious
bodily injury or destruction of property when the circumstances indicate that 
there is some probability that such instrument or substance will be so used.  
(3)
Any part or ingredient in any instrument or substance included above when the 
circumstances indicate a probability that such a part or ingredient will be so 
used.    
C.
If imposed, the restrictions shall apply throughout the jurisdiction of the County or such 
part thereof as designated in the proclamation.  
D.
A violation of this section shall be punishable as provided in N.C.G.S. 166A-19.31.   
  
 
§ 76-16. Restricted Areas.  
A.
The proclamation may prohibit obtaining access or attempting to obtain access to any 
area designated in the manner described in this section in violation of any order, clearly 
posted notice or barricade indicating that access is denied or restricted.  
B.
Areas to which access is denied or restricted shall be designated by the Sheriff and his 
subordinates or other law enforcement officer when directed in the proclamation to do so 
by the Henderson County Manager. When acting under this authority, the Sheriff and his 
subordinates may restrict or deny access to any area, street, highway or location within 
the County if that restriction or denial of access or use is reasonably necessary to promote
efforts being made to overcome the emergency or to prevent further aggravation of the 
emergency.    
§ 76-17. Additional Restrictions. 
The proclamation may prohibit or restrict:  
A.
Movements of people in public places;  
B.
The operation of offices, business establishments and other places to or from which 
people may travel or at which they may congregate; and  
C.
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, within the 
area designated in the proclamation.   
 
§ 76-18. Removal of Restrictions. 
The Henderson County Manager shall by proclamation terminate the entire declaration of emergency or
remove any of the prohibitions and restrictions when the emergency no longer requires them or when
directed to do so by the Board of Commissioners.  
§ 76-19. Superseding and Amendatory Proclamations. 
The Henderson County Manager, in his/her discretion, may invoke the restrictions authorized by this article
in separate proclamations and may amend any proclamation by means of a superseding proclamation in
accordance with the procedures set forth in §76-11. 
 
§ 76-20.  Termination of Proclamation. 
Any proclamation issued under this article shall expire five days after its last imposition, unless sooner
terminated, in writing, under the same procedures set forth in §76-11 for proclamations.  See Attachment 2.
§ 76-21.  Absence of County Manager.  
A.
In case of the absence or disability of the Henderson County Manager, the Henderson 
County Emergency Management Coordinator or such other person as may be designated 
by the Board of Commissioners shall have and exercise all of the powers which have 
been herein given to the Henderson County Manager.  
B.
In the case of the absence or disability of both the Henderson County Manager and the 
Henderson County Emergency Management Coordinator, the Chairperson of the 
Henderson County Board of Commissioners or such other person as may be designated 
by the Board of Commissioners shall have and exercise all of the powers which have 
been given herein to the Henderson County Manager.    
§ 76-22.  Violations and Penalties.
Except as provided in §76-15, any person violating any prohibition or restriction imposed by a
proclamation authorized by this article shall be subject to the penalties set forth in Henderson County Code,
Chapter 1, General Provisions, Article II.     
§ 76-23.  Through 76-50. (Reserved)
  
Attachment 1
Proclamation of Henderson County State of Emergency
Section 1.
Pursuant to County Code of Ordinances Chapter 76
and Chapter 166A
of the North
Carolina General Statutes and Chapter 14 of the North Carolina General Statutes, Article 36A, I have
determined that a state of emergency as defined in County Code of Ordinance Chapter 76 exists in the
County of Henderson, North Carolina based on the following findings:
Section 2.
I, therefore, proclaim the existence of a state of emergency in the County of Henderson,
North Carolina.
Section 3.
I hereby order all county law enforcement officers and employees and all other
emergency management personnel subject to my control to cooperate in the enforcement and
implementation of the provisions of the county emergency ordinances which are set forth below.
Section 4.
Evacuation. I have determined that, in the best interest of public safety and protection, it
is necessary to evacuate the civilian population from the County of Henderson.  Citizens are free to use any
type of transportation, but they are to use only ____________________ in leaving the county. Evacuation
is to occur as soon as possible. Further proclamation concerning evacuation will be issued as needed.
Section 5.
Curfew. Unless a member of the county's law enforcement agency or the emergency
management program, every person who is located within a _______________ radius of _______________
is to be inside a house dwelling from the hours of __________ to __________.
Section 6.
No alcoholic beverages. There shall be no sale, consumption, transportation or possession
of alcoholic beverages during the state of emergency in the County of Henderson, North Carolina, except
possession or consumption is allowed on a person's own premises.
Section 7.
No firearms, ammunition or explosives. During the state of emergency, there shall be no
sale or purchase of any type of firearm or ammunition or any possession of such items, along with any type
of explosive, off the owner's own premises.
Section 8.
Execution of emergency plan. All civilians and emergency management personnel are
ordered to comply with the emergency reaction plan.
Section 9.
This proclamation shall become effective immediately.
Proclaimed this the __________ day of ____________________, 201_ at __ (a.m. /p.m.)
______________________________
Henderson County Manager
NOTE:
The State of Emergency Proclamation should clearly state who, what, where and why any
restrictions are implemented. (E.g. The curfew is intended to reduce unnecessary traffic and prevent
accidents after 6:00 p.m. The curfew will not affect business operations or persons commuting to and from
work etc.)
NOTE:
When implementing restrictions law enforcement agencies should be consulted regarding
enforcement activities.
  
Attachment 2
Proclamation Terminating a County State of Emergency
Section 1.
On ____________________, 201__     at _____ (a.m./p.m.), I determined and proclaimed
a local state of emergency for the County of Henderson, North Carolina.
Section 2.
On ____________________, 201__  at ______ (a.m./p.m.), I ordered the evacuation of
all civilians from the area, imposed a curfew, prohibited alcoholic beverages, firearms, ammunition and
explosives and ordered the execution of the emergency reaction plan.
Section 3.
I have determined that a state of emergency no longer exists in the County of Henderson. 
Section 4.
I thereby terminate the proclamation of a local state of emergency and all of the
restrictions and orders therein.
Section 5.
This proclamation is effective immediately.
Proclaimed this the __________ day of ____________________, 201__at _____ (a.m. /p.m.)
______________________________
Henderson County Manager