Civil Preparedness Ordinance 10/20/75`141
HARNETT COUNTY CIVIL PREPAREDNESS ORDINANCE
The County of Barnett ordains: Article 1. Harnett County Civil Preparedness
Agency
Section I. Short Title
This ordinance shall be cited and referred to as "Civil Preparedness 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 municipalities to combat disaster resulting from enemy
actions or other disasters as defined herein.
2. The Harnett County Office of Civil Preparedness will be the coor-
dinating agency for all activities in connection with Civil Preparedness; it
will be the instrument through which the Harnett County Hoard of Commissioners
may exercise the authority and discharge the responsibilities vested 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 volunteer agency
organized for relief in disaster emergencies.
Section III. Definitions
1. The following definitions shall apply in the interpretation of
this Article:
a. "Civil Preparedness" in its broad meaning is to carry out
the basic government functions of maintaining the public peace, health,
and safety during an emergency. This shall include plans and preparations
for protection, relief , recovery and rehabilitation from effects of an
attack by the forces of an enemy nation or the agents thereof and it shall
also include such activity in connection with disaster as defined herein.
It shall not, however, include any activity that is the primary respons-
ibility of the military forces of the United States.
b. "Attack" shall mean direct or indirect assault against the
County of Barnett, its government, its environs, or of the nation by the
forces of a hostile nation or the agents thereof, including assault by
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conventional or nuclear bombing, chemical or biological warfare or sabotage.
C. "Disaster" includes but is not limited to actual or ttireatened
enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or
other impending or actual calamity endangering or threatening to endanger
health, life, property or constituted government.
d. "Civil. Preparedness Forces" shall mean the employees, eq-
uipment 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 Civil Preparedness Agency without remuneration.
I. "Civil Preparedness Volunteer" shall mean any person
duly registered, identified and appointed by the Coordinator of the
Harnett County Civil Preparedness Agency and assigned to participate
in the civil preparedness activity.
g. "Coordinator" shall mean the Coordinator of the Harnett
County Civil Preparedness Agency, appointed as prescribed In this '
Ordinance.
h. "Regulations" shall include plans, programs and other
emergency procedures deemed essential to civil preparedness.
Section IV. Authority and References
1. Federal Civil Defense Act of 1950. as amended.
2. N. C. Civil Defense Act of 1951, as amended. (Gen. Stat. Ch.
166) (Gen. Stat. 197 -11.1 ch. 3 and 3A)
Section V. Organization and Appointments
1. The organization shall consist of the following:
a. An agency of Civil Preparedness within the executive
department of the Harnett County government under the direction of the
Harnett County Board of Commissioners. The agency head of the Harnett
County Civil Preparedness 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
` civil preparedness activities. Duties assigned to each County Department
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shall be the same or similar to the normal duties of the department,
where passible.
C. Volunteer personnel and agencies offering service to
and accepted by the county.
2. The Barnett County Board of Commissioners shall appoint a
Coordinator of the Harnett County Civil Preparedness Agency who shall
be a person well versed and trained in planning operations involving
the activities of many different agencies which will operate to pro-
tect the public health, safety and eelfare in tae event of danger from
enemy action or disaster as defined in this Ordinance.
3. The Coordinator shall designate and appoint Deputy Coordinat-
ors to assume the emergency duties of the Coordinator in the event or
his absence or inability to act.
Section V1. Emergency Powers and Duties
1. Coordinator of Harnett County Civil Preparedness Agency
a. During any period of Disaster or when Harnett County has
been struck by disaster, within the definition of this Ordinance, the
' Civil Preparedness Coordinator may promulgate such regulations as he
deems necessary to protect life and property and preserve critical
resources. This promulgation of regulations solely be the Coordinator
will be only hen immediacy of necessary action precludes contact and
and discussion with the Harrell County Board of Commissioners. Such
regulations may include, but shall not be limited tc the following:
1. Regulations prohibiting or restricting the movement of
vehicles to facilitate the work of civil preparedness 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.
3. 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 nen:s media.
Section 6. Day to Day Duties and Responsibilities of the Coordinator
1. The Coordinator shall be responsible to the Harnett County Board
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of Commissioners in regard to all phases of the civil preparedness
activity. The Ceordlr.ata, shall be responsible for the planning, cocr-
dination and operation a' the civil preparedness activities in Barnett
County. The Coordinator shallr.,malnta +n liaison with the State and Fed-
eral authorities and the authorities of nearby political subdivisions
so as to insure the most effective operation of the civil preparedness
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
Fi Harnett for civil preparedness purposes.
b. Development and coordination of plans for the immediate
use of all facilities, equipment, marrov:er and other resources of
the county for the purpose of minimizing or preventing damage to
persons and property; and protecting and restoring to usefulness gov-
ernmental services and public utilities necessary for the public health,
safety, and welfare.
C. Negotiating and concluding agreements with owners or
person., in control of building or other property for the use of such
building or other property for the civil preparedness purposes and
designating suitable buildings as public shelters.
d. Through public informational programs, educating the
populace as to actions necessary and recuired for the protection of
their persons and property in case of enemy attack or disaster as de-
fined herein, either impending or present:
e. Conducting public practice alerts to insure the effic-
ient operation of the civil preparedness forces and to familiarize
residents with civil preparedness regulations, procedures and operations.
f. Coordinating the activity of all other public and pre -
vate agencies engaged in any civil preparedness activities.
Section 7. Civil Preparedness Plans
1. Comprehensive civil preparedness plans shall be adopted and
maintained by resolution 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 eeuipment and facilities and personnel
of all existing departments and agencies shall be utilized to the full-
est extent. when approved, it shall be the duty of all municipal de-
partments 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
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' Disaster Operations Plan shall have the effect of lax whenever a
disaster, as deflned 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 keen 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 are department head assigned respon-
sibility 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 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 for a disaster function
Is not available with'_n local government, the Coordinator is auth-
orized to seek assistance from persons outside of government. The
assignment of duties, when of a supervisory natury, shall also
grant authority for the persons so assigned to carryout such duties
prior, during, and 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 civil
preparedness volunteers in cooperation with the heads of local gov-
ernment departments affected.
Section VII. 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 re-
presentatives, or any individual, receiver, firm, partnership, corp-
oration., 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 not be liable for any damage sustained to persons
or property as the result of said activity.
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2. Any person owning or controlling real estate or other pre- '
raises who voluntarily and without 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 'n�ury to,
any persons on or about such real estmc or premises under such license,
privilege or other permission; or for less of, or damage to the prop-
erty of such person.
Section V117. Violation of Regulations
It shall be unlawful for any Gerson to violate any of the prov-
isions 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 Civil Preparedness organization as herein de-
fined in the enforcement of the provisions of this Ordinance or any
regulations or clan issued thereunder.
Section IX. Severability
Should any provisicns of this Ordinance be declared invai_d for
any reason, such declaration 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 declaraticn.
Section A. 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 XI. Effective Date
This ordinance shall take effect on the 20th day of October, 1975.
/s/ Bobby R. Etheridge
Bobhy R. Etheridge, Chairman
Barnett County Board of Commissioners