Tennessee § 58-8-104 - Declaration of local state of emergency — Cost reimbursement — Evacuation orders.

§ 58-8-104. Declaration of local state of emergency — Cost reimbursement — Evacuation orders.

The mayor of a municipality or the mayor or county executive of a county or metropolitan government may declare a local state of emergency affecting such official's jurisdiction by executive order consistent with and governed by § 58-2-110(3)(A)(v). The mayor or executive of any municipality or county, or such official's designee, may declare a state of emergency for such official's municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions. The declaration of a state of emergency by a jurisdiction entitles the responding party or parties to cost reimbursement as provided in § 58-8-111. The requesting party is required to make this reimbursement to the responding party or parties. The municipal mayor or county mayor or executive may declare the state of emergency at any time during the imminent pendency or happening of the occurrence. If a county mayor or the executive of a county declares a local state of emergency in accordance with subsection (a), the county mayor or the executive of the county may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire unincorporated area of the county or any portion thereof. If a mayor or the executive of a municipality or metropolitan government declares a local state of emergency in accordance with subsection (a), the mayor or the executive of the municipality or metropolitan government may, in the interest of public health, safety, and welfare, issue orders to direct and compel the evacuation of the entire incorporated area of the municipality or metropolitan government, or any portion thereof. A person who willfully violates an order issued under subsection (e) or (f) commits a Class C misdemeanor. Acts 2004, ch. 743, § 1; 2018, ch. 868, § 1. Amendments. The 2018 amendment added (e) through (g). Effective Dates. Acts 2018, ch. 868, § 2. May 3, 2018. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 .