Section 53-2a-208 - Local emergency - Declarations - Termination of a local emergency(1)(a) Except as provided in Subsection (l)(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.Amended by Chapter TBD, 2024 General Session ,§ 92, eff. 5/1/2024.Amended by Chapter 34, 2023 General Session ,§ 21, eff. 7/1/2023.Amended by Chapter 39, 2022 General Session ,§ 6, eff. 5/4/2022.Amended by Chapter 437, 2021 General Session ,§ 18, eff. 5/5/2021.Amended by Chapter 352, 2015 General Session ,§ 118, eff. 5/12/2015.Renumbered from § 63K-4-301 and amended by Chapter 295, 2013 General Session ,§ 23, eff. 5/14/2013.Amended by Chapter 105, 2011 General Session