§ 29:737 — Municipalities; authority to respond to emergencies

§737. Municipalities; authority to respond to emergencies
A. Subject to the provisions of R.S. 29:736, whenever a situation develops within
or outside of a municipality which the chief executive officer of the municipality determines
requires immediate action to preserve the public peace, property, health, or safety within the
municipality or to provide for continued operation of municipal government, nothing in this
Chapter shall diminish the authority of the chief executive officer of the municipality to
undertake immediate emergency response measures within the municipality to preserve the
public peace, property, health, or safety within the municipality or to provide for continued
operation of the municipal government. Whenever the chief executive officer of the
municipality undertakes immediate emergency response measures because of a disaster or
emergency, he shall immediately notify the parish president and advise him of the nature of
the disaster or emergency and the emergency response measures being undertaken.
B. As used in this Section, "emergency response measures" includes, but is not
limited to, any or all of the following:
(1) Suspending the provisions of any municipal regulatory ordinance prescribing the
procedures for conduct of local business, or the orders, rules, or regulations of any municipal
agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation
would in any way prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilizing all available resources of the municipality as reasonably necessary to
cope with the emergency.
(3) Transferring the direction, personnel, or functions of municipal departments and
agencies or units thereof for the purpose of performing or facilitating emergency services.
(4) Directing and compelling the evacuation of all or part of the population from any
stricken or threatened area within the municipality if he deems this action necessary.
(5) Prescribing routes, modes of transportation, and destinations in connection with
evacuation within the municipality.
(6) Controlling ingress and egress to and from the affected area, the movement of
persons within the area, and the occupancy of premises therein.
(7) Suspending or limiting the sale, dispensing, or transportation of alcoholic
beverages, explosives, and combustibles, excluding those components of firearm
ammunition.
C.(1) The state of emergency shall continue until the mayor or chief executive officer
finds that the threat of danger has been dealt with to the extent that emergency conditions no
longer exist. However, no state of emergency may continue for longer than thirty days unless
extended by the mayor or chief executive officer, and no continuous state of emergency may
continue for a period of more than ninety days unless approved by the municipal governing
authority.
(2) The state of emergency or disaster may be terminated by the governor, parish
president, a petition signed by a majority of the surviving members of either house of the
legislature, a majority of the surviving members of the parish governing authority, or a
majority of the surviving members of the municipal governing authority. The document
terminating the state of emergency or disaster may establish a period during which no other
declaration of emergency or disaster may be issued. The termination of a state of disaster or
emergency pursuant to this Paragraph shall not affect changes to polling places for an
election being conducted in accordance with R.S. 18:401.1 or 401.2.
(3) All executive orders or proclamations issued under this Subsection shall indicate
the nature of the emergency, the area or areas which are or may be affected, and the
conditions which brought it about. Any order or proclamation declaring, continuing, or
terminating a local disaster or emergency shall be given prompt and general publicity and
shall be filed promptly with GOHSEP, the local office of homeland security and emergency
preparedness, and the office of the clerk of court.
D. Notwithstanding any other provision of this Chapter, when the mayor or chief
executive officer declares a local disaster or emergency within such subdivision the mayor
or chief executive officer shall carry out the provisions of this Chapter. Nothing contained
herein shall be construed to confer upon the mayor or chief executive officer any authority
to control or direct the activities of any state or parish agency. When the disaster or
emergency is beyond the capabilities of the local government, the mayor or chief executive
officer shall request assistance from the Governor's Office of Homeland Security and
Emergency Preparedness or the local office of homeland security and emergency
preparedness. The declaration of a local emergency will serve to activate the response and
recovery program of the local government.
E. No organization for homeland security and emergency preparedness established
under this Chapter shall be employed directly or indirectly for political purposes.

Legislative History

Acts 2001, No. 1148, §1, eff. June 29, 2001; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2006, 1 st Ex. Sess., No. 35, §§1, 8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2020, No. 325, §2; Acts 2022, No. 738, §1.