Superseded 7/1/2023 53-2a-208. Local emergency — Declarations — Termination of a local emergency.
(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;
(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
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
Exigent circumstances: means a significant change in circumstances following the expiration of a state of emergency declared in accordance with this chapter that:
(a)
substantially increases the threat to public safety or health relative to the circumstances in existence when the state of emergency expired;
(b)
poses an imminent threat to public safety or health; and
(c)
was not known or foreseen and could not have been known or foreseen at the time the state of emergency expired. See Utah Code 53-2a-203
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
Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
Political subdivision: means a municipality, county, special service district, or special 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
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(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, 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. § 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 3.
(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.
