53-2a-208. Local emergency -- Declarations -- Termination of a local emergency.
(1) Except as provided in Subsection (1)(b), a chief executive officer of a municipality or county may declare by proclamation a state of emergency if the chief executive officer finds: a disaster has occurred or the occurrence or threat of a disaster is imminent in an area of the municipality or county; and the municipality or county requires additional assistance to supplement the response and recovery efforts of the municipality or county. A chief executive officer of a municipality may not declare by proclamation a state of emergency in response to an epidemic or a pandemic.
(2) A declaration of a local emergency: constitutes an official recognition that a disaster situation exists within the affected municipality or county; provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; activates the response and recovery aspects of any and all applicable local disaster emergency plans; and authorizes the furnishing of aid and assistance in relation to the proclamation.
(3) A local emergency proclamation issued under this section shall state: the nature of the local emergency; the area or areas that are affected or threatened; and the conditions which caused the emergency.
(4) The emergency declaration process within the state shall be as follows: a city or town, shall declare to the county; a county shall declare to the state; the state shall declare to the federal government; and a tribe, as defined in Section, shall declare as determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq. 23A-1-202
(5) Nothing in this part affects: the governor's authority to declare a state of emergency under Section; or 53-2a-206 the duties, requests, reimbursements, or other actions taken by a political subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.
(6) Except as provided in Subsection (6)(b), a state of emergency described in Subsection (1) expires the earlier of: the day on which the chief executive officer finds that: the threat or danger has passed; the disaster reduced to the extent that emergency conditions no longer exist; or the municipality or county no longer requires state government assistance to supplement the response and recovery efforts of the municipality or county; 30 days after the day on which the chief executive officer declares the state of emergency; or the day on which the legislative body of the municipality or county terminates the state of emergency by majority vote. The legislative body of a municipality may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the municipality. The legislative body of a county may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the county. The legislative body of a municipality or county may by majority vote extend a state of emergency for a time period stated in the motion. If the legislative body of a municipality or county extends a state of emergency in accordance with this subsection, the state of emergency expires on the date designated by the legislative body in the motion. An action by a legislative body of a municipality or county to terminate a state of emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief executive officer. Except as provided in Subsection (7), after a state of emergency expires in accordance with this Subsection (6), the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency.
(7) After a state of emergency expires in accordance with Subsection (6), the chief executive officer may declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, if the chief executive officer finds that exigent circumstances exist. A state of emergency declared in accordance with Subsection (7)(a) expires in accordance with Subsections (6)(a) and (b). After a state of emergency declared in accordance with Subsection (7)(a) expires, the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, regardless of whether exigent circumstances exist.