(1) (a) 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: (i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an area of the municipality or county; and (ii) the municipality or county requires additional assistance to supplement the response and recovery efforts of the municipality or county. (b) 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: (a) constitutes an official recognition that a disaster situation exists within the affected municipality or county; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation. (3) A local emergency proclamation issued under this section shall state: (a) the nature of the local emergency; (b) the area or areas that are affected or threatened; and (c) the conditions which caused the emergency. (4) The emergency declaration process within the state shall be as follows: (a) a city or town, shall declare to the county; (b) a county shall declare to the state; (c) the state shall declare to the federal government; and (d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq. (5) Nothing in this part affects: (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or (b) 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) (a) Except as provided in Subsection (6)(b), a state of emergency described in Subsection (1) expires the earlier of: (i) the day on which the chief executive officer finds that: (A) the threat or danger has passed; (B) the disaster reduced to the extent that emergency conditions no longer exist; or (C) the municipality or county no longer requires state government assistance to supplement the response and recovery efforts of the municipality or county; (ii) 30 days after the day on which the chief executive officer declares the state of emergency; or (iii) the day on which the legislative body of the municipality or county terminates the state of emergency by majority vote. (b) (i) (A) 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. (B) 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. (ii) 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. (iii) 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. (iv) 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. (c) 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) (a) 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. (b) A state of emergency declared in accordance with Subsection (7)(a) expires in accordance with Subsections (6)(a) and (b). (c) 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.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.