Local Emergency Ordinances and Declarations: Are Yours Up-To-Date? Norma Houston NCEMA 2015 Spring Conference March 25, 2015

© 2005 to Present Local Government Legal Authorities In North Carolina, city and county emergency authorities come from: A.General Statutes B.Local Ordinance C.Both

© 2005 to Present Extent of Local Government Authorities

© 2005 to Present General Ordinance Authority A city or a county may “by ordinance define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances.” G.S. 160A-174 (cities) G.S. 153A-121 (counties)

© 2005 to Present Police Powers  “Sovereign right of the government to protect the lives, health, morals, comfort, and general welfare of the people.” Home Bldg. & Loan Ass’n v. Blaisdell (1934)  Police powers reserved to states through 10 th Amendment  Courts have recognized controlling emergency situations to be within police powers

© 2005 to Present Delegated Police Powers

© 2005 to Present Delegated Emergency Authorities Chapter 166A (Article 1A) Declaration Authority (GS 166A-19.22) Emergency Restrictions (GS 166A-19.31)

© 2005 to Present Declaration Authority Statute – Board/Council Ordinance – Board Chair/Mayor

© 2005 to Present Violations punishable as Class 2 misdemeanor Movements of people in public places, mandatory and voluntary evacuations, limited ingress and egress Emergency Restrictions Restrictions and Prohibitions allowed:

© 2005 to Present Violations punishable as Class 2 misdemeanor Operation of businesses and places people travel to and from and gather Emergency Restrictions Restrictions and Prohibitions allowed:

© 2005 to Present Violations punishable as Class 2 misdemeanor Possession, transportation, sale, purchase and consumption of alcohol Emergency Restrictions Restrictions and Prohibitions allowed:

© 2005 to Present Violations punishable as Class 2 misdemeanor Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasoline EXCEPT LAWFULLY POSSESSED FIREARMS (handguns, rifles, and shotguns) AND AMMUNITION Emergency Restrictions Restrictions and Prohibitions allowed:

© 2005 to Present Emergency Restrictions Restrictions and Prohibitions allowed: Violations punishable as Class 2 misdemeanor Other actions necessary to maintain order and protect lives and property

© 2005 to Present Local Emergency Ordinances To maximize legal authority, local ordinances should: 1.Cite legal authority for local state of emergency declaration (Article 1A, Chapter 166A) 2.Conform statutory citations to Article 1A 3.Conform definitions to GS 166A Specify local powers & restrictions when emergency is declared Refer to authorizations under GS 166A-19.31(b) Check dangerous weapons language for firearms exception

© 2005 to Present Local Emergency Ordinances To maximize legal authority, local ordinances should: 5.Delegate declaration authority to chair/mayor and others 6.Affirm compliance with NIMS and use of ICS 7.Establish local EM agencies & Coordinator’s authorities 8.Activate local EOP 9.Reserve right to suspend EMS/Rescue 10.Provide penalties for violations - clear citation for law enforcement

© 2005 to Present Two Examples Pine Knoll Shores Guilford County

© 2005 to Present City “Under” County Ordinance? County City State Federal  YES: GS 153A-122 – City council may apply county ordinance within city  BUT: City must still take independent legal action when declaring state of emergency

© 2005 to Present 1.Findings of imminent or actual disaster (describe disaster event) 2.Findings of imminent or actual threat of widespread or severe damage, injury, loss of life or property 3.Statement that SoE and restrictions or prohibitions are necessary to maintain order and protect public health, safety, and welfare State of Emergency Declarations To maximize legal authority, declaration should include:

© 2005 to Present 4.Cite legal authority of official to take action under state law and local ordinance 5.Areas of jurisdiction SoE applies in 6.Restrictions and prohibitions imposed Be specific Check weapons language 7.Duration of declaration (if known) 8.Date and time issued 9.Signature of authorizing official State of Emergency Declarations To maximize legal authority, declaration should include:

© 2005 to Present Sample Documents

© 2005 to Present THANKS FOR WHAT YOU DO! Norma Houston (919)