26-307. Power of counties, cities, towns and
state agencies designated by the governor to make orders, rules and
regulations; procedure
A. State agencies when designated by the governor, and counties, cities and towns
may make, amend and rescind orders, rules and regulations necessary for emergency
functions but such shall not be inconsistent with orders, rules and regulations
promulgated by the governor.
B. Any order, rule or regulation issued by the governing body of a county or other
political subdivision of the state is effective when a copy is filed in the office of the
clerk of the political subdivision. Existing laws, ordinances, orders, rules and
regulations in conflict with this chapter or orders, rules or regulations issued under
authority of this chapter are suspended during the time and to the extent that they
conflict.
C. In a state of war emergency, counties, cities and towns may waive procedures and
formalities otherwise required by law pertaining to the performance of public work,
entering into contracts, incurring obligations, employing permanent and temporary
workers, utilizing volunteer workers, renting equipment, purchasing and distributing
supplies, materials and facilities and appropriating and expending public funds when such
governmental entity determines and declares that strict compliance with such procedures
and formalities may prevent, hinder or delay mitigation of the effects of the state of
war emergency.
D. In the absence of specific authority in state emergency plans and programs, the
governing body of each county, city and town of the state shall take emergency measures
as deemed necessary to carry out the provisions of this chapter.
|