Article II - State of Emergency
§ 76-10. Proclamation by County Manager.
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.
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.
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
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.
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.
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.
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.
Unless otherwise specified in the proclamation, the curfew shall apply during the
specified period each day until the Henderson County Manager by proclamation removes
§ 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.
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.
"Dangerous weapon or substance" means:
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.
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.
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
If imposed, the restrictions shall apply throughout the jurisdiction of the County or such
part thereof as designated in the proclamation.
A violation of this section shall be punishable as provided in N.C.G.S. 166A-19.31.
§ 76-16. Restricted Areas.
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.
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
§ 76-17. Additional Restrictions.
The proclamation may prohibit or restrict:
Movements of people in public places;
The operation of offices, business establishments and other places to or from which
people may travel or at which they may congregate; and
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.
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.
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)
Proclamation of Henderson County State of Emergency
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:
I, therefore, proclaim the existence of a state of emergency in the County of Henderson,
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.
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.
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 __________.
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.
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.
Execution of emergency plan. All civilians and emergency management personnel are
ordered to comply with the emergency reaction plan.
This proclamation shall become effective immediately.
Proclaimed this the __________ day of ____________________, 201_ at __ (a.m. /p.m.)
Henderson County Manager
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
When implementing restrictions law enforcement agencies should be consulted regarding
Proclamation Terminating a County State of Emergency
On ____________________, 201__ at _____ (a.m./p.m.), I determined and proclaimed
a local state of emergency for the County of Henderson, North Carolina.
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.
I have determined that a state of emergency no longer exists in the County of Henderson.
I thereby terminate the proclamation of a local state of emergency and all of the
restrictions and orders therein.
This proclamation is effective immediately.
Proclaimed this the __________ day of ____________________, 201__at _____ (a.m. /p.m.)
Henderson County Manager