(1)
(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 or town, 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 23A-1-202, 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.
(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.