44-146.21 - Declaration of local emergency.
§ 44-146.21. Declaration of local emergency.
(a) A local emergency may be declared by the local director of emergencymanagement with the consent of the governing body of the politicalsubdivision. In the event the governing body cannot convene due to thedisaster or other exigent circumstances, the director, or in his absence, thedeputy director, or in the absence of both the director and deputy director,any member of the governing body may declare the existence of a localemergency, subject to confirmation by the governing body at its nextregularly scheduled meeting or at a special meeting within fourteen days ofthe declaration, whichever occurs first. The governing body, when in itsjudgment all emergency actions have been taken, shall take appropriate actionto end the declared emergency.
(b) A declaration of a local emergency as defined in § 44-146.16 shallactivate the local Emergency Operations Plan and authorize the furnishing ofaid and assistance thereunder.
(c) [Repealed.]
(c1) Whenever a local emergency has been declared, the director of emergencymanagement of each political subdivision or any member of the governing bodyin the absence of the director, if so authorized by the governing body, maycontrol, restrict, allocate or regulate the use, sale, production anddistribution of food, fuel, clothing and other commodities, materials, goods,services and resource systems which fall only within the boundaries of thatjurisdiction and which do not impact systems affecting adjoining or otherpolitical subdivisions, enter into contracts and incur obligations necessaryto combat such threatened or actual disaster, protect the health and safetyof persons and property and provide emergency assistance to the victims ofsuch disaster, and proceed without regard to time-consuming procedures andformalities prescribed by law (except mandatory constitutional requirements)pertaining to the performance of public work, entering into contracts,incurring of obligations, employment of temporary workers, rental ofequipment, purchase of supplies and materials, and other expenditures ofpublic funds, provided such funds in excess of appropriations in the currentapproved budget, unobligated, are available. Whenever the Governor hasdeclared a state of emergency, each political subdivision affected may, underthe supervision and control of the Governor or his designated representative,enter into contracts and incur obligations necessary to combat suchthreatened or actual disaster beyond the capabilities of local government,protect the health and safety of persons and property and provide emergencyassistance to the victims of such disaster. In exercising the powers vestedunder this section, under the supervision and control of the Governor, thepolitical subdivision may proceed without regard to time-consuming proceduresand formalities prescribed by law pertaining to public work, entering intocontracts, incurring of obligations, employment of temporary workers, rentalof equipment, purchase of supplies and materials, levying of taxes, andappropriation and expenditure of public funds.
(d) No interjurisdictional agency or official thereof may declare a localemergency. However, an interjurisdictional agency of emergency managementshall provide aid and services to the affected political subdivisionauthorizing such assistance in accordance with the agreement as a result of alocal or state declaration.
(e) None of the provisions of this chapter shall apply to the EmergencyDisaster Relief provided by the American Red Cross or other relief agencysolely concerned with the provision of service at no cost to the citizens ofthe Commonwealth.
(1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990, c.945; 1994, c. 75; 2000, c. 309.)