48-932. States of local disaster emergency; effect; powers and duties of county and city officials.
48-932
48-932. States of local disaster emergency; effect; powers and dutiesof county and city officials.(a) A state of local disaster emergency may be declared by the chairmanof the board of county commissioners of any county, or by the mayor orother principal executive officer of each city of this state having adisaster emergency plan, upon a finding by such officer that a disaster hasoccurred or the threat thereof is imminent within such county or city. Nostate of local disaster emergency shall be continued for a period in excessof seven (7) days or renewed, except with the consent of the board ofcounty commissioners of such county or the governing body of such city, asthe case may be. Any order or proclamation declaring, continuing orterminating a local disaster emergency shall be given prompt and generalpublicity and shall be filed promptly with the county clerk or city clerk,as the case may be.
(b) In the event of the absence of the chairman of the board of countycommissioners from the county or the incapacity of such chairman, the boardof county commissioners, by majority action of the remaining membersthereof, may declare a state of local disaster emergency in the mannerprovided in and subject to the provisions of subsection (a). In the eventof the absence of the mayor or other principal executive officer of a cityfrom the city or the incapacity of such mayor or officer, the governingbody of the city, by majority action of the remaining members thereof, maydeclare a state of local disaster emergency in the manner provided in andsubject to the provisions of subsection (a). Any state of local disasteremergency and any actions taken pursuant to applicable local andinterjurisdictional disaster emergency plans, under this subsection shallcontinue and have full force and effect as authorized by law unlessmodified or terminated in the manner prescribed by law.
(c) The declaration of a local disaster emergency shall activate theresponse and recovery aspects of any and all local and interjurisdictionaldisaster emergency plans which are applicable to such county or city, andshall initiate the rendering of aid and assistance thereunder.
(d) No interjurisdictional disaster agency or any official thereof maydeclare a local disaster emergency, unless expressly authorized by theagreement pursuant to which the agency functions. However, aninterjurisdictional disaster agency shall provide aid and services inaccordance with the agreement pursuant to which it functions in the case ofa state of local disaster emergency declared under subsection (a).
History: L. 1975, ch. 283, § 12; April 11.