53-2a-208.  Local emergency — Declarations.

(1) 

Terms Used In Utah Code 53-2a-208

  • 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; or
(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 local 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
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • 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
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53-2a-102
  • Political subdivision: means a municipality, county, special service district, or local district. See Utah Code 53-2a-203
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (a)  A local emergency may be declared by proclamation of the chief executive officer of a municipality or county.

    (b)  A local emergency shall not be continued or renewed for a period in excess of 30 days except by or with the consent of the governing body of the municipality or county.

    (c)  Any order or proclamation declaring, continuing, or terminating a local emergency shall be filed promptly with the office of the clerk of the affected municipality or county.
  • (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, town, or metro township 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 23-13-12.5, 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.

    Amended by Chapter 352, 2015 General Session