Sec. 29. (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.]
As added by P.L.2-2003, SEC.5. Amended by P.L.172-2014, SEC.7; P.L.99-2021, SEC.5.
Structure Indiana Code
Article 14. Emergency Management
Chapter 3. Emergency Management and Disaster Law
10-14-3-0.5. "Backfill Employee"
10-14-3-0.8. "Communications Service Provider"
10-14-3-2. "Emergency Management"
10-14-3-2.5. "Emergency Management Assistance Compact"
10-14-3-3. "Emergency Management Worker"
10-14-3-5.5. "Local Travel Advisory"
10-14-3-6. "Political Subdivision"
10-14-3-7. Declaration of Purposes
10-14-3-8. Limitations on Applications of Chapter
10-14-3-9. State Emergency Operations Plan; Local and Interjurisdictional Disaster Plans
10-14-3-10.8. Intrastate Mutual Aid Program
10-14-3-12. Disaster Emergency; Emergency Gubernatorial Powers
10-14-3-12.7. Right to Worship, Including in Person, Inviolable
10-14-3-14. Declaration of Energy Emergency; Procedures
10-14-3-15. Governmental Functions; Liability; Emergency Management Workers
10-14-3-16. Director of Local Organizations; Mutual Aid Arrangements
10-14-3-18. Employees of Political Subdivisions; Liability; Claims for Loss, Damage, or Expense
10-14-3-19. Mobile Support Units
10-14-3-19.5. Agreements With Local Task Forces Activated in Emergency
10-14-3-20. Evacuation Plans; Traffic Rules
10-14-3-21. Public Property; Leases and Contracts; Employment of Personnel
10-14-3-22. Orders, Rules, and Regulations; Amendment and Rescission
10-14-3-23. Compulsory Medical Treatment; Faith Healing
10-14-3-25. Gifts, Grants, and Loans; Places of Shelter; Liability for Death; Damages
10-14-3-26. Political Affiliation or Activity of Organizations and Personnel
10-14-3-27. Employees; Subversive Activities; Oaths
10-14-3-28. Appropriations; Emergency Management Contingency Fund
10-14-3-29. Local Disaster Emergency
10-14-3-29.5. Designation of a Local Travel Advisory
10-14-3-30. Additional Measures, Studies, Recommendations
10-14-3-31. Individual Management Obligations; Compensation for Property
10-14-3-32. Disaster Funds; Availability; Contributions to Political Subdivisions
10-14-3-33. Reimbursement of Civil Air Patrol for Missions Not Authorized by Air Force