§ 10-14-3-29 — Local disaster emergency

Indiana § 10-14-3-29

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

(a) A local disaster emergency:
(1) may be declared only by the principal executive officer of a
political subdivision; and
(2) may not be continued or renewed for more than seven (7) days
except by or with the consent of the governing board of the
political subdivision.
Any order or proclamation declaring, continuing, or terminating a local
disaster emergency shall be given prompt and general publicity and
shall be filed promptly in the office of the clerk of the political
subdivision.
(b) The effect of a declaration of a local disaster emergency is to:
(1) activate the response and recovery aspects of all applicable
local or interjurisdictional disaster emergency plans; and
(2) authorize the furnishing of aid and assistance under the plans.
(c) An interjurisdictional agency or official may not declare a local
disaster emergency unless expressly authorized by the agreement under
which the agency functions. However, an interjurisdictional disaster
agency shall provide aid and services according to the agreement.
(d) If a local disaster emergency is declared under this section, the
political subdivision may not prohibit individuals engaged in
employment necessary to:
(1) maintain a safe rail system;
(2) restore utility service; or
(3) provide any other emergency public service;
from traveling on the highways within the political subdivision during
the local disaster emergency.
(e) If a local disaster emergency is declared under this section, the
political subdivision may not prohibit individuals trained and certified
as first response broadcasters, as set forth in section 22.5 of this
chapter, from traveling on the highways within the political subdivision
during the local disaster emergency.
(f) If a local emergency is declared under this section, the political
subdivision may not prohibit individuals trained and certified as first
response communications service providers, as set forth in section 22.6
of this chapter, from traveling on the highways within the political
subdivision during the local disaster emergency.
(g) If a local emergency is declared under this section, the political
subdivision must comply with sections 12.5 and 12.7 of this chapter.
[Pre-2003 Recodification Citation: 10-4-1-23.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.172-2014, SEC.7; P.L.99-2021, SEC.5.