                                 CODE OF VIRGINIA

DECLARATION OF LOCAL EMERGENCY (§ 44-146.21)

A. A local emergency may be declared by the local director of emergency
management with the consent of the governing body of the political subdivision.
In the event the governing body cannot convene due to the disaster or other
exigent circumstances, the director, or in his absence, the deputy director, or
in the absence of both the director and deputy director, any member of the
governing body may declare the existence of a local emergency, subject to
confirmation by the governing body at its next regularly scheduled meeting or at
a special meeting within 45 days of the declaration, whichever occurs first. The
governing body, when in its judgment all emergency actions have been taken,
shall take appropriate action to end the declared emergency.

B. A declaration of a local emergency as defined in &#xA7; 44-146.16 shall
activate the local Emergency Operations Plan and authorize the furnishing of aid
and assistance thereunder.

C. Whenever a local emergency has been declared, the director of emergency
management of each political subdivision or any member of the governing body in
the absence of the director, if so authorized by the governing body, may
control, restrict, allocate or regulate the use, sale, production and
distribution of food, fuel, clothing and other commodities, materials, goods,
services and resource systems which fall only within the boundaries of that
jurisdiction and which do not impact systems affecting adjoining or other
political subdivisions, enter into contracts and incur obligations necessary to
combat such threatened or actual disaster, protect the health and safety of
persons and property and provide emergency assistance to the victims of such
disaster, and proceed without regard to time-consuming procedures and
formalities 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 of equipment, purchase
of supplies and materials, and other expenditures of public funds, provided such
funds in excess of appropriations in the current approved budget, unobligated,
are available. Whenever the Governor has declared a state of emergency, each
political subdivision affected may, under the supervision and control of the
Governor or his designated representative, enter into contracts and incur
obligations necessary to combat such threatened or actual disaster beyond the
capabilities of local government, protect the health and safety of persons and
property and provide emergency assistance to the victims of such disaster. In
exercising the powers vested under this section, under the supervision and
control of the Governor, the political subdivision may proceed without regard to
time-consuming procedures and formalities prescribed by law pertaining to public
work, entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, levying of
taxes, and appropriation and expenditure of public funds.

D. No interjurisdictional agency or official thereof may declare a local
emergency. However, an interjurisdictional agency of emergency management shall
provide aid and services to the affected political subdivision authorizing such
assistance in accordance with the agreement as a result of a local or state
declaration.

E. None of the provisions of this chapter shall apply to the Emergency Disaster
Relief provided by the American Red Cross or other relief agency solely
concerned with the provision of service at no cost to the citizens of the
Commonwealth.

HISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990,
c. 945; 1994, c. 75; 2000, c. 309; 2016, c. 555.