53-2a-205. Authority of chief executive officers of political subdivisions — Ordering of evacuations.
(1)
Terms Used In Utah Code 53-2a-205
Chief executive officer: means :
(a)
for a municipality:
(i)
the mayor for a municipality operating under all forms of municipal government except the council-manager form of government; or
(ii)
the city manager for a municipality operating under the council-manager form of government;
(b)
for a county:
(i)
the chair of the county commission for a county operating under the county commission or expanded county commission form of government;
(ii)
the county executive officer for a county operating under the county-executive council form of government; or
(iii)
the county manager for a county operating under the council-manager form of government;
(c)
for a special service district:
(i)
the chief executive officer of the county or municipality that created the special service district if authority has not been delegated to an administrative control board as provided in Section 17D-1-301;
(ii)
the chair of the administrative control board to which authority has been delegated as provided in Section 17D-1-301; or
(iii)
the general manager or other officer or employee to whom authority has been delegated by the governing body of the special service district as provided in Section 17D-1-301; or
(d)
for a special district:
(i)
the chair of the board of trustees selected as provided in Section 17B-1-309; or
(ii)
the general manager or other officer or employee to whom authority has been delegated by the board of trustees. See Utah Code 53-2a-203
Disaster: means an event that:
(a)
causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and
(b)
requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
Local emergency: means a condition in any municipality or county of the state which requires that emergency assistance be provided by the affected municipality or county or another political subdivision to save lives and protect property within its jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-203
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
(a)
In order to protect life and property when a state of emergency or local emergency has been declared, subject to limitation by the Legislature as described in Subsection 53-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each political subdivision of the state is authorized to:
(i)
carry out, in the chief executive officer‘s jurisdiction, the measures as may be ordered by the governor under this part; and
(ii)
take any additional measures the chief executive officer may consider necessary, subject to the limitations and provisions of this part.
(b)
The chief executive officer may not take an action that is inconsistent with any order, rule, regulation, or action of the governor.
(c)
A chief executive officer of a municipality may not exercise powers under this chapter to respond to an epidemic or a pandemic.
(2)
Subject to Section 53-2a-216, when a state of emergency or local emergency is declared, the authority of the chief executive officer includes:
(a)
utilizing all available resources of the political subdivision as reasonably necessary to manage a state of emergency or local emergency;
(b)
employing measures and giving direction to local officers and agencies which are reasonable and necessary for the purpose of securing compliance with the provisions of this part and with orders, rules, and regulations made under this part;
(c)
if necessary for the preservation of life, issuing an order for the evacuation of all or part of the population from any stricken or threatened area within the political subdivision;
(d)
recommending routes, modes of transportation, and destinations in relation to an evacuation;
(e)
suspending or limiting the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles in relation to an evacuation, except that the chief executive officer may not restrict the lawful bearing of arms;
(f)
controlling ingress and egress to and from a disaster area, controlling the movement of persons within a disaster area, and ordering the occupancy or evacuation of premises in a disaster area;
(g)
clearing or removing debris or wreckage that may threaten public health, public safety, or private property from publicly or privately owned land or waters, except that where there is no immediate threat to public health or safety, the chief executive officer shall not exercise this authority in relation to privately owned land or waters unless:
(i)
the owner authorizes the employees of designated local agencies to enter upon the private land or waters to perform any tasks necessary for the removal or clearance; and
(ii)
the owner provides an unconditional authorization for removal of the debris or wreckage and agrees to indemnify the local and state government against any claim arising from the removal; and
(h)
invoking the provisions of any mutual aid agreement entered into by the political subdivision.
(3)
(a)
If the chief executive is unavailable to issue an order for evacuation under Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area may issue an urgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for the preservation of life.
(b)
The chief executive officer may ratify, modify, or revoke the chief law enforcement officer’s order.
(4)
Notice of an order or the ratification, modification, or revocation of an order issued under this section shall be:
(a)
given to the persons within the jurisdiction by the most effective and reasonable means available; and
