October 17, 2016 (Regular Meeting) Page 2928
<br />(e) When a required competency or skill for a emergency disesfi�r- function is
<br />not available within local government, the coordinator, or his designee(s).
<br />is authorized to seek assistance from persons outside of government. The
<br />assignment of duties, when of a supervisory nature, shall also grant
<br />authority for the persons so assigned to carry out such duties prior, during,
<br />and after the occurrence of mart emergency Such services from
<br />persons outside of government may be accepted by local government on a
<br />volunteer basis. Such citizens shall be enrolled as emergency management
<br />volunteers in cooperation with the heads of local government departments
<br />affected.
<br />(Ord. of 5 -7 -84, § 7; Ord. No. 1997 -19, 10- 20 -97)
<br />Sec. 22 -34. - No county or private liability.
<br />(a) This article is an exercise by the county of its governmental functions for
<br />the protection of the public peace, health, and safety, and neither the
<br />county nor agents and representatives, if any, or any individual, receiver,
<br />firm, partnership, corporation, association, or trustee, or any of the
<br />agents thereof in good faith carrying out, complying with or attempting to
<br />comply with any order, rule, or regulation promulgated pursuant to the
<br />provisions of this article, shall be liable for any damage sustained to
<br />persons or property as the result of such activity.
<br />(b) Any person owning or controlling real estate or other premises who
<br />voluntarily and without compensation grants the county the right to inspect,
<br />designate and use the whole or any parts of such real estate or premises
<br />for the purpose of sheltering persons during an actual, impending or practice
<br />emergency situation shall not be civilly liable for the death of,
<br />or injury to, any persons on or about such real estate or premises under
<br />such license, privilege or other permission; or for loss of, or damage to,
<br />the property of such person.
<br />(Ord. of 5 -7 -84, § 8)
<br />Secs. 22- 35- 22 -50. - Reserved.
<br />ARTICLE III. - STATE OF P4PRGPNGY FMERGENCY [27
<br />Footnotes:
<br />- -- ( 2 ) - --
<br />Cross reference- Emergency services, ch. 26; floods, ch. 38.
<br />State Law reference- a to declare a state of emergency, G.S. 14-
<br />288.13.
<br />Sec. 22 -51. - Territorial applicability of article.
<br />This article shall not apply within the corporate limits of any municipality,
<br />or within any area of the county over which the municipality has jurisdiction
<br />to enact general police -power ordinances, unless the municipality by resolution
<br />consents to its application or the mayor of the municipality has requested its
<br />application, in which event it shall apply to such areas as fully and to the
<br />same extent as elsewhere in the county.
<br />(Ord. of 1- 15 -90, § 15)
<br />Sec. 22 -52. - Penalty for violation of article.
<br />Except as provided in section 22 -58, any person violating any prohibition
<br />or restriction imposed by a proclamation authorized by this article shall be
<br />guilty of a Class 2 misdemeanor en }ehable epen een�64e' oF �_-n ee e
<br />seeti efr 1 4. , in accordance with G. S. 14- 286.20A.
<br />(Ord. of 1- 15 -90, § 13)
<br />Sec. 22 -53. - Restrictions authorized.
<br />(a) A state of emergency shall be deemed to exist whenever during times of
<br />public crisis, disasler emergency, rioting, catastrophe, or similar public
<br />emergency, for any reason, public safety authorities are unable to maintain
<br />public order or afford adequate protection for lives, safety or property,
<br />or whenever the occurrence of any such condition is imminent.
<br />(b) In the event of an existing or threatened state of emergency endangering
<br />the lives, safety, health and welfare of the people within the county or
<br />any part thereof, or threatening damages to or destruction of property, the
<br />chairman of the board of commissioners is hereby authorized and empowered
<br />under G.S. 14- 288.13 and G.S. 166A- X 19.22 to issue a public
<br />dPE�!la`-.- to all persons the existence of such a state of
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