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HomeMy WebLinkAboutDisaster Relief & Assistance Plan Mutual Aid Em Mgm't Ordinance 02/15/82ILUNETT COUNTY DISASTER RELIEF AND ASSISTANCE PLAN; ANNEX -A ' EMERGENCY MANAGEMENT ORDINANCE AND AGREEMENT; APPENDIX HARNETT COUNTY EM ORDINANCE The County of Harnett ordains: Article 1. Harnett County Emergency Management Agency. SECTION I. SHORT TITLE This ordinance shall be cited and referred to as "Emergency Management Ordinance for the County of Harnett." SECTION II. 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 of the resources of Harnett County and its muni- cipalities to combat disaster resulting from enemy actions or other disasters as defined herein. 2. The Harnett County Office of Emergency Management will be the coordinating agency for all activities 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 respoasi- hilities vrated in them during disaster emergencies. 3. This Ordinance will not relieve any..County Department of the moral responsibilities or authority given to it' in the County Charter or by local ordinances, nor will it adversely affect the work of any volunteeragency organized for relief in disaster emergencies. SECTION III. DEFINITIONS 1. The following definitions r shall apply in the interpretation of this Article: A. "Emergency Management" shall mean those plans, actions and procedures necessary to provide protectiomjto the people,against loss of life, injury, and lose or damage to property caused by natural'phenomena or man -made causes such as war, insurrection, riot or accidents; and those measures necessary to mitigate the effects of the de- structive forces of man and nature, to provide for response to disaster conditions and for the relief or suffering and hardship resulting from such conditions and to initiate rehabilitation of persons and restoration of essential services and accept- able standards of living. (G.S. 166 -2 (1) Extract). B. "&track" Shall can 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 conventional or nuclear bombing, chemical or biological warfare or sabotage. C. "Disaster" includes but is not limited to actual or threatened enemy attack, sabo- tage, extraordinary fire, flood, storm, epidemic or other impending or actual cala- mity endangering or threatening to endanger health, life, property or constituted government. D. "Emergency Management Forces" shall mean the employees, equipment, and facilities of all County departments, boards, councils, institutions, and commissions. It shall also 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 Emar- gency 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 Management Agency and assigned to participate in the Emergency Management activity. G. "Coordinator" shall mean the Coordinator of the Harnett County Emergency Management Agency, appointed as prescribed in,this Ordinance. H. "Regulations" shall include.,plans, program's and other `. emergency procedures deemed essential to emergency management.' SECTION IV, AUTHORITY AND REFERENCES 1. Federal Civid Defense Act of L950, as amended, 2. N. C. Civil Defense Act of 1951, as amended. (General Statutes Chapter 166) (General Statutes 147 -11.1 Chapter 3 and 3A) SECTION V. ORGANIZATION AND APPOINTMENTS 1. The organization shall consist of the following: A. An agency of Emergency Management within the executive department of the Harnett 2r County government under the direction of the Harnett County Board of Commissioners. The agency head of the Harnett 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. B. The employees, and resources of all Harnett County department boards, institutions, and councils will participate in the emergency management activities. Duties assigned to each County department shall be the same or similar to the normal duties - of the department, where possible. C. Volunteer personnel agencies offering service to and accepted by the county. t 2. The Harnett 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 opera- tions involving the activities of many different agencies which will operate to protect the pub- _ lic health, safety and welfare in the event of danger from enemy action or disaster as defined in the Ordinance. 1. 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 V1. EMERGENCY POWERS AND DUTIES 1. Coordinator of Harnett County Emergency Management Agency. A. During any period of disaster or when Harnett County has been struct by disaster, within the definition of this Ordinance, the Emergency Management Coordinator may promulgate such regulations as he deems necessary to protect life and property and preserve critical resources. This promulgation of regulations solely by the Coor- dinator will be only when immediately of necessary action precludes contact and discussion with the Harnett County Board of Commissioners. Such regulations may include, but shall not be limited to the following: 1. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the County. 2. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. 7. Such other regulations necessary to preserve public peace, health, and ' safety. 4. Regulations promulgated in accordance with the authority above will be given widespread circulation through all avenues of the news media. SECTION VII. "DAY TO DAY DUTIES AND RESPONSIBILITIES OF THE COORDINATOR 1. The Coordinator shall be'reaponsible.to the :ilarnett County . Board of Commissioners in re- Bard to all phases of the - emergency - management,activiey. The Coordinator shall be responsible .,far the,planning, coordination and operation of. the emergency management activities in Harnett ., County. The,COOrdlna[oi'shall main twin, llason' with the State and Federal authorities and the -' authorities of neerbylpolitical' subdivisions so as to .insure the Most effective operation of the - emergency management plane., The: Coordinator's duties shall include, but not be limited to, the `'. following: A. Coordlnatlag the recruitment of:volunteer personnel and agencies to augment the personnel and'facilitlei;bf the Countjof Harnett for emergency management purposes. B. Development end'coordina[ ion of plans for 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 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 manage- sent purposes and designating 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 disaster as defined herein, either impending or present. ' E. Conducting public practice alerts to insure the efficient operation of the emergency S., management forces and to familiarize residents with emergency management regulations, y. procedures, and operations. F. Coordinating the activity of all other public and private agencies engaged in any emer- gamey management activities. i SECTION VIII. EMERGENCY MANAGEMENT PLANS W 1: Comprehensive emergency management plane shall be adopted and maintained by resolution ' �3 l ti of the Harnett County Board of Commissioners: In the preparations of these plans as it pertains to 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, i it shall be the duty of all municipal 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. The Basic Emergency Operations Plan and Disaster Operations Plan shall have the effect of lam whenever a disaster, as defined in this Ordinance has been proclaimed. 2. The coordinator shall prescribe in the emergency plans those positions within the disas- ter 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 Basic Plan 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 operational plan for his service which, when approved, shall be an annex to and a part of the Basic Plan. 4. Amendments to the Basic Plan shall be submitted to the Coordinator. If approved, the Coordinator will than 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. Whan a required competency or skill for a disaster functions is not available within local government, the Coordinator is authorized to seek assistance from persons outside of govern- ment. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior, during, aad after the occurrence of a disaster. Such services from persons outside of government may be accepted by local government on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers in cooperation with the heads of local government departments affected. SECTION IX. NO MUNICIPAL OR PRIVATE LIABILITY 1. This Ordinance is an exercise by the County of Harnett of its governmental functions for the protection of the public peace, health and safety, and the County of Harnett, its agents and representatives, 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 Or- dinance, shall not be liable for any damage sustained to persons or property as the result of said activity. 2. Any person owning or controlling real estate or other premises who voluntarily and with- out compensation grants the County of Harnett 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 real estate or premises under such license, privilege or other permission; or for loss of, or damage to the property of such person. SECTION X. VIOLATION OF REGULATIONS It shall be unlawful for any person to violate any of the provisions of this Ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Management Ordinance or any regulations or plan issued thereunder. SECTION XI. SEVERABILITY Should any provisions of this Ordinance be declared invalid for any reason, such declara- tion shall not affect the validity of other provisions, or of this Ordinance, as a whole, it being the legislation intent that the provisions of this Ordinance shall be severable and remain valid notwithstanding such declaration. SECTION XII. 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 regu- lations insofar as the latter may be inconsistent therewith. SECTION XIII. EFFECTIVE DATE This Ordinance shall take effect on the 15th day of February, 1982. ATTEST: ./Jesse Alphln ��++.��.7 Jesse C. Alphin, Chairman !' -. s /Vanes., W Young Harnett County Board of Commissioners ILL+i Vanessa W. Young, Clerk to the Board