County of Harnett Emergency Management Ordinance 12/16/13COUNTY OF HARNETTEMERGENCY MANAGEMENT ORDINANCE
The County of Harnett ordains:
Article 1. Harnett County Emergency Management Agency
(IAW NC G.S.166 A)
Section 1. Short Title
This Ordinance shall be known and may be cited and referred to as the "Emergency
Management Ordinance for the County of Harnett."
Section 2. Intent and Purpose
1. It is the intent and purpose of this Ordinance to establish an office that will insure the
complete and efficient utilization of all Harnett County resources to combat disaster
resulting from enemy actions or other disasters as defined herein.
2. The Harnett County Office of Emergency Management will be the coordination agency for
all activity in connection with Emergency Management. It will be the instrument through
which the Harnett County Board of Commissioners may exercise the authority and
discharge the responsibilities vested in them during disaster emergencies.
3. This Ordinance will not relieve any city or county department of the moral responsibilities
or authority given to it in the city or county charter or by local ordinances, nor will it
adversely affect the work of any volunteer agency organized for relief in disaster
emergencies.
Section 3. Definitions
1. The following definitions shall apply in the interpretation of this Article:
(a) "Emergency Management" is the basic government functions 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.
(b) "Attack" shall mean direct or indirect assault against the County of Harnett, its
government, its environs, or of 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.
(c) "Disaster" includes but is not limited to actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm epidemic, accident, chemical spill, air or other discharge
into ground or water, or other impending or actual calamity endangering or threatening
to endanger health, life or property of constituted government.
(d) "Emergency Management Forces' shall mean the employees, equipment and facilities
of all city and county departments, boards, councils, institutions and commissioners;
and in addition, it shall include all volunteer personnel, equipment and facilities
contributed by, or obtained from, volunteer persons or agencies.
(e) "Volunteer' shall mean contributing a service, equipment or facilities to the Emergency
Management Agency without remuneration.
(f) "Emergency Management Volunteer" shall mean any person duly registered, identified
and appointed by the Coordinator of the Harnett County Emergency Agency,
appointed as prescribed in this Ordinance.
(g) "Coordinator shall mean the Coordinator of the Harnett County Emergency Agency,
appointed as prescribed in this Ordinance.
(h) "Regulations' shall include plans, programs and other emergency procedures deemed
essential to Emergency Management.
Section 4. Organization and Appointments
1. The organization shall consist of the following:
(a) An agency of Emergency Management within the executive department of the Harriett
County government under the direction of the Harriett County Board of
Commissioners. The agency head of the 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.
(b) The employees and resources of all Harnett County departments, boards, institutions,
and councils shall participate in the Emergency Management activities. Duties
assigned to city or county departments shall be the same as or similar to the normal
duties of the department, where possible.
(c) Volunteer personnel and agencies offering service to, and accepted by the city and
county.
2. The Harnett County Manager, with the concurrence of the Hamett County Board of
Commissioners, shall appoint a Coordinator of the Harnett 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 Ordinance.
3. 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.
Section 5. Day -to -Day duties and Responsibilities of the Coordinator.
1. The Coordinator shall be responsible to the Harnett County Board of Commissioners 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 Harnett County. The Coordinator shall maintain liaison with the State and
Federal authorities and the authorities of nearby political subdivisions so as to insure the
most effective operation of the Emergency Management plans. The Coordinators 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 Harnett for Emergency Management
purposes.
(b) Development and coordination of 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 protection and restoring to
usefulness governmental services and public utilities necessary for the public health,
safety, and welfare.
(c) Negotiating and concluding agreements with owners or persons in control of building
or other property for the use of such building or other property for the Emergency
Management purposes and designation suitable buildings as public shelters.
(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 defined herein, either impending or present.
(e) Conducting public practice alerts to insure 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.
Section 6. Emergency Management Plans
Comprehensive Emergency Management plans shall be adopted and maintained by
resolution of the Harnett County Board of Commissioners. Planning for fixed nuclear
facilities shall also be included in the Comprehensive plan. In the preparation of these
plans as it pertains to city and county organization, it is intended that the services,
equipment and 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 Ordinance, has been proclaimed.
2. 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 (3) 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.
3. Each service chief 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
chief shall formulate the Standing Operations Procedure to implement the plans for his
service.
4. Amendments to these plans shall be submitted to the Coordinator. If approved, the
Coordinator will then submit the amendments to the Harnett County Board of
Commissioners with his recommendation for their approval. Such amendments shall take
effect 30 days from the date of approval.
5. When a required competency or skill or 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. Local government on a voluntary basis may
accept such services from persons outside of government. Such citizens shall be enrolled
as Emergency Management Volunteers.
6. Plan for and establish an Emergency Operations Center capable for 24 hour operations.
7. Emergency Management Coordinator shall ensure that any Mutual Aid Agreements
Required are established and reviewed on an annual basis.
8. Emergency Management Coordinator shall ensure as needed that Declarations for State of
Emergency are drafted in accordance with NC GS 166x;
Section 7. No Municipal or Private Liability
This Ordinance is an exercise by the County of Harnett as its governmental functions for
the protection of the public peace, health, and safety, and neither the County of Harnett nor
agents and representatives, if some, or 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 Ordinance, shall be liable for any damage sustained to
person or property as the result of said activity.
Section 8. Violations
It shall be a misdemeanor for any person to violate any of the provisions of this Ordinance or
plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay
any member of the Emergency Management organization as herein defined in the enforcement
of the provisions of this Ordinance or any plan issued there under.
Section 9. Severability
Should any provision of this Ordinance be declared invalid for any reason, such declaration
shall not affect the validity of the other provisions, or of this Ordinance, as a whole, it being the
legislative intent that the provisions of this Ordinance shall be severed and remain valid
notwithstanding such declaration.
Section 10. Conflicting Ordinances, Orders Rules, and Regulations Suspended
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 ordinances, orders, rules and
regulations insofar as the latter may be inconsistent therewith.
Section 11. Effective Date
This Ordinance phetPtpke effect on the IL* day of ( 49yAkPr 20 1%3.
County BOdrd of Commissioners
APproved by fhe ria, nettT'
OAAnty 3oard of Commission
Agenda Item J'E�
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41e �OUNTY HARNETTEMMIGENCY MANAGEMENT ORDINANCE
The County of Harnett ordains:
Article 1. Harnett County Emergency Management Agency
(IAW NC G.S.166 A)
Section 1. Short Title
This Ordinance shall be known and may be cited and referred to as the "Emergency
Management Ordinance for the County of Harnett."
Section 2. Intent and Purpose
1. It is the intent and purpose of this Ordinance to establish an office that will insure the
complete and efficient utilization of all Harnett County resources to combat disaster
resulting from enemy actions or other disasters as defined herein.
2. The Harnett County Office of Emergency Management will be the coordination agency for
all activity in connection with Emergency Management. It will be the instrument through
which the Harnett County Board of Commissioners may exercise the authority and
discharge the responsibilities vested in them during disaster emergencies.
3. This Ordinance will not relieve any city or county department of the moral responsibilities
or authority given to it in the city or county charter or by local ordinances, nor will it
adversely affect the work of any volunteer agency organized for relief in disaster
emergencies.
Section 3. Definitions
1. The following definitions shall apply in the interpretation of this Article:
(a) "Emergency Management" is the basic government functions 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.
(b) "Attack" shall mean direct or indirect assault against the County of Harnett, its
government, its environs, or of 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.
(c) "Disaster" includes but is not limited to actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm epidemic, accident, chemical spill, air or other discharge
into ground or water, or other impending or actual calamity endangering or threatening
to endanger health, life or property of constituted government.
(d) "Emergency Management Forces" shall mean the employees, equipment and facilities
of all city and county departments, boards, councils, institutions and commissioners;
and in addition, it shall include all volunteer personnel, equipment and facilities