Paul wrote:So I see these mandatory evacuation things occasionally. Can the police really force you to leave your home? I was visiting with my wife about this the other day and saying I don't think I would leave in most circumstances if the cops knocked on my door and told me to leave. What I want to know is can they really force you to leave? What happens if you refuse?
Snowman wrote:Speaking of this... the fire that started on 6/20/12 has caused police to order evacuations in saratoga springs, and eagle moutatian. I don't know if it's manditory or not though...
FrankenHollow wrote:I can't provide you with an example right now, but there have been several court decisions that support mandatory evacuation orders for fire, police, military, and medical emergencies.
It always comes down to a single concept:
If you stay (voluntarily, or not), you place unnecessary burden on the LEOs, soldiers, fire-fighters, or medical personnel, in that they must weigh your presence in their decision making process. They are more efficient when they don't have that distraction. Trying to protect you could result in other civilians or emergency personnel being injured; or attention being diverted from places or persons where it is needed more.
It's a case of, "screw the individual; we have other civilians and our personnel to protect."
Some states have ruled that you can stand your ground against any threat, but you lose all rights to protection (governmental, institutional, insurance, lawsuits ...everything). Washington is one of those states. If you choose to stay, they act as if you are not there at all. But, if you, somehow, cause some one else to be injured (even indirectly) while trying to help or save you, you are liable for any damages they or their family try to recover from you or your estate.
I don't know where Utah stands.
Kind of makes you think for a while, when you compare three concepts:
1. They can force you from your house to protect themselves and others.
2. They can illegally enter your home on a wrong-address no-knock warrant, and hold you liable when you try to defend your family from unannounced dark figures with guns.
3. Yet... they are not at all obligated to protect you from any danger or threat; and exercise that concept all the time in our courts.
Paul wrote:So does anybody know what the law is in Utah?
The Saratogo Springs fire said "Mandatory Evacuation."
We see these occasional gas leaks, toxic spills, suicidal neighbor things, etc. where there are also what I think are typically called mandatory evacuations.
I have no problem with someone that chooses to not evacuate simply being on their own and the government (emts, police, firefighters, etc.) simply pretending the person that ignored their order doesn't exist. That makes sense to me.
I just want to know what the law is in Utah. What the consequences are in Utah if you choose to not evacuate?
hawkwing wrote:I have heard from people who live in homes evacuated by the Wood Hollow fire that residents refused to leave and that the body found was one of the men who had refused to evacuate.
Paul wrote:hawkwing wrote:I have heard from people who live in homes evacuated by the Wood Hollow fire that residents refused to leave and that the body found was one of the men who had refused to evacuate.
Sad to hear that. However if someone wants to "go down with the ship" or take the risk I'm 100% fine with that. I just think it should be the individual's choice and not be FORCED on them by the government.
I still wish a cop or emergency services person or lawyer would chime in here and let us know what the law says and what the government officials can do if someone refuses to evacuate.
etcollins wrote:Here it is Paul:
76-8-317. Refusal to comply with order to evacuate or other orders issued in a local or state emergency -- Penalties.
(1) A person may not refuse to comply with an order to evacuate issued under this chapter or refuse to comply with any other order issued by the governor in a state of an emergency under Section 63K-4-201 or by a chief executive officer in a local emergency under Section 63K-4-202, if notice of the order has been given to that person.
(2) A person who violates this section is guilty of a class B misdemeanor.
Amended by Chapter 370, 2010 General Session
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