63K-4-202 - Authority of chief executive officers of political subdivisions -- Ordering of evacuations.
63K-4-202. Authority of chief executive officers of political subdivisions --Ordering of evacuations.
(1) (a) In order to protect life and property when a state of emergency or local emergencyhas been declared, the chief executive officer of each political subdivision of the state isauthorized to:
(i) carry out, in the chief executive officer's jurisdiction, the measures as may be orderedby the governor under this chapter; and
(ii) take any additional measures the chief executive officer may consider necessary,subject to the limitations and provisions of this chapter.
(b) The chief executive officer may not take an action that is inconsistent with any order,rule, regulation, or action of the governor.
(2) When a state of emergency or local emergency is declared, the authority of the chiefexecutive officer includes:
(a) utilizing all available resources of the political subdivision as reasonably necessary tomanage a state of emergency or local emergency;
(b) employing measures and giving direction to local officers and agencies which arereasonable and necessary for the purpose of securing compliance with the provisions of thischapter and with orders, rules, and regulations made under this chapter;
(c) if necessary for the preservation of life, issuing an order for the evacuation of all orpart of the population from any stricken or threatened area within the political subdivision;
(d) recommending routes, modes of transportation, and destinations in relation to anevacuation;
(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 officermay not restrict the lawful bearing of arms;
(f) controlling ingress and egress to and from a disaster area, controlling the movementof persons within a disaster area, and ordering the occupancy or evacuation of premises in adisaster area;
(g) clearing or removing debris or wreckage that may threaten public health, publicsafety, or private property from publicly or privately owned land or waters, except that wherethere is no immediate threat to public health or safety, the chief executive officer shall notexercise this authority in relation to privately owned land or waters unless:
(i) the owner authorizes the employees of designated local agencies to enter upon theprivate 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 orwreckage and agrees to indemnify the local and state government against any claim arising fromthe removal; and
(h) invoking the provisions of any mutual aid agreement entered into by the politicalsubdivision.
(3) (a) If the chief executive is unavailable to issue an order for evacuation underSubsection (2)(c), the chief law enforcement officer having jurisdiction for the area may issue anurgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for thepreservation of life.
(b) The chief executive officer may ratify, modify, or revoke the chief law enforcementofficer's order.
(4) Notice of an order or the ratification, modification, or revocation of an order issuedunder this section shall be:
(a) given to the persons within the jurisdiction by the most effective and reasonablemeans available; and
(b) filed in accordance with Subsection 63K-4-401(1).
Renumbered and Amended by Chapter 382, 2008 General Session