Ord 12-05
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ORDINANCE NO. 12-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 95, "EMERGENCY MANAGEMENT', BY
AMENDING SECTION 95.05 THROUGH 95.13 IN ORDER
TO PROVIDE AN UPDATED ORDINANCE REGARDING
EMERGENCY MANAGEMENT; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, in a continuing effort to update the City's emergency policies and procedures,
certain revisions to the code of ordinances are necessary; and
WHEREAS, the Commission desires to amend Sections 95.05 through 95.13 of the City's
Code of Ordinances in order to reflect these revisions and clarify and streamline certain authority in
the event of an emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That Chapter 95, "Emergency Management", Section 95.05, "Declaration of
a State of Emergency", of the Code of Ordinances of the City of Deltay Beach, Florida, is hereby
amended to read as follows:
See 95.05. DECLARATION OF A STATE OF EMERGENCY.
(A) The Mayor, Vice Mayor, City Manager, or the Acting City Manager, in the
order named, based on availabilit;y. shall have the authority to declare a state of emergency.
Upoa the aßseaet: or ua~'8::Ï:l1lbility of the Mayor, the Viee M1t}"Or m~J issue Stleft a
deeluatÏoa, aad upoa the abscnee or ua1tVailabili~' of M~yor aad the Viet: Þ.byor, the City
Manager may issue sueR deeht:ratÏoa, or upoa tht: absenee or UfiltV"ailability of tht: City
Manager, tht: 11etffig City Maaager ftMlJ isstle seeR a deelantÏoa.
(B) Any declaration of a state of emergency and all emergency regulations
activated or rescinded under the provisions of this Chapter shall be confirmed by the City
Commission by rt:soletiofi no later than at the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission extremely impractical. Coammatiofi
of the emergency deel8::1'atiofi sRall di3elose the reasons for, anticipated impaet3 of, aetÏofis
proposed aad takefi to mafiagt: the eftI.t:rgt:aey, afid other pt:rtÏftefit data rdatffig to the
emt:rgt:fit:} rt:quiring tht: dt:elaratiofi.
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(C) Emergency resolutions authorized by this Chapter shall include, but are not
limited to, the following subjects:
Resolution
S u/:¿ject
A
Evacuation
B
Curfews, declaration of areas off limits
C
Suspension or regulation of the sale of, or offer to
sell, with or without consideration, alcoholic
beverages, ammunition, firearms, explosives and
flammables or combustibles
D
Prohibiting the sale of merchandise, goods or services
at more than the average retail price
E
Water use restrictions
F
Suspension of local building regulations
G
Regulating the use of and rationing of fuel, ice and
other essentials
H
Emergency procurement procedures
ÇD) Upon declaration of a state of local emergency and during the existence of
a declared state of local emergency. the Mayor or designated cit;y official. in addition to any
other powers conferred upon the Mayor or designated cit;y official by F.S. Chapter 252. F.S.
Chapter 870. or other law. has the power and authorit;y among other non enumerated
powers to:
(1) Direct and compel the evacuation of all or part of the population
from any stricken or threatened area within the Cit;y if the Mayor or designated cit;y official
deems this action necessary for the preservation of life or other emergency mitigation.
response. or recovery.
(2) Waive the procedures and formalities otherwise required of the cit;y
by law or ordinance pertaining to:
(a) Performance of public work and taking whatever prudent
action is necessaCJ to ensure the health. safet;y. and welfare of the communit;y:
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(1))
Entering into contracts:
(c)
Incurring obligations:
Cd)
Employment of permanent and temporaCJ workers:
(e)
Utilization of volunteer workers:
(t)
Rental of equipment:
(g) Acquisition and distribution. with or without compensation.
of supplies. materials. and facilities:
(h) Appropriation and expenditure of public funds.
(3) Prohibit or regulate travel upon any public street. highway or upon
any other public property. Persons in search of medical assistance. food or other
commodity or service necessary to sustain the well being of themselves or their families or
some member thereof may be excepted from such prohibition or regulation:
(4) Impose a curfew upon all or any portion of the cit;y thereby
prohibiting persons from being on public streets. highways. parks or other public places
during the hours which the curfew is in effect:
(5) Prohibit any person. firm. or corporation from using the fresh water
supplied by the cit;y for any purpose other than cooking. drinking or bathing:
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(6) Prohibit the sale or distribution of any alcoholic beverages.
ammurutlon. firearms. explosives. and flammables or combustibles during a state of
emergency with or without the payment or a consideration therefore:
(7) Prohibit or regulate the participation in or carrying on of any
business activit;y. and prohibit or regulate the keeping open of places of business. places of
entertainment and any other place of public assembly:
(8) Regulate the use of and ration fuel. ice and other essentials:
(9) Prohibit or regulate any demonstration. parade. march. vigjl or
participation therein from taking place on any of the public rights-of-way or upon any public
propert;y:
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(10) Suspend local building regulations as necessary during the existence
of a public emergency:
(11) Prohibit the sale of merchandise. goods or services at more than the
average retail price:
(12) The restrictions referenced in sections (3) through (11) above may
exempt. from all or part of such restrictions. physicians. nurses and ambulance operators
performing medical services. on-dut;y employees of hospitals and other medical facilities. on-
dut;y military personnel. bona fide members of the news media. personnel of public utilities
maintaining essential public services. cit;y authorized or requested firefighter. paramedic. law
enforcement officers and emergency management personnel and such other classes of
persons as may be essential to the preservation of public order and immediately necessaCJ to
preserve safet;y. health and welfare needs of the people within the cit;y.
~ ® A declaration of a state of emergency shall activate the emergency plans
applicable to the City. A declaration of a state of emergency shall automatically invoke the
emergency measures listed in F.S. Section 870.044, if the emergency relates to overt acts of
violence or the imminent threat of such violence.
(Bt æ A state of emergency, when declared as provided herein, shall continue in
effect from day to day until declared to be terminated. Provided, however, that a state of
emergency declared pursuant to F.S. Section 870.041 et seq. shall commence upon the
declaration thereof and shall terminate at the end of a period of seventy-two (72)
consecutive hours thereafter, unless, prior to the end of such seventy-two-hour period, the
public official or city official declaring the emergency shall have terminated such State of
emergency. An extension of the 72-hour time limit must be accomplished by a requt:st from
the pub lie official aftd the eoncttffeaet: of the City C0mm13sfOfi, b)' duly t:aaeted rt:soll:1tiofi.
declaration of extension of the state of emergency by the Mayor or designated City official.
(F) Upoa the àeeæratioa of a state of emergeftey, the City Maaagt:r sRall post a
written notice of sueR declaratioa upOfi the main btHlctÏfl b08::1'd Ífi City Hall, afid sRaR, as
promptly as practicable, file in the office of the City Clerll a notÏee of a declared st'att: of
emergency, or emergency measure deebred or ordered and promulgated by virtec of F.S.
Seetioa 870.041 ct. seq. The City Managei' sRaR aotify the local medii!. by telephone, if
pnctie~ble. ~'hefi prKtieablt:, the City Manager shall also cause writtea notice to he
poolished in its eatfrety, at least tMet: (3) d~3 eacR week Ífi the !iewspaper of geat:ral
etrcwatÏofi ill the Cit)ò l:1atil the state of emergeacJ is deehttoed to be terminated.
Section 2. That Chapter 95, "Emergency Management", Section 95.06, "Termination of
a State of Emergency", of the Code of Ordinances of the City of Deltay Beach, Florida, is hereby
amended to read as follows:
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See. 95.06. TERMINATION OF A STATE OF EMERGENCY.
A state of emergency shall may be terminated by the official declaring the emergency
or a person eligible to declare an emergency and the termination. shall be confirmed by a
vote of the City Commission if practicable or upon the certification of the person who
originally requested the declaration of the State of emergency, that the conditions leading to
or causing the emergency no longer exist and the City's agencies and departments are able to
manage the situation without extraordinary assistance. Provided, however, that a state of
emergency established under F.S. Section 870.041 et seq., shall terminate at the end of a
period of seventy-two (72) consecutive hours after the declaration of the emergency, unless,
prior to the end of the seventy-two-hour period, the public official calling for a declaration
of emergency or the City Commission has terminated such state of emergency. Afty
extensioa of the seventy two hour time limit must be aeeomplisRed b} a requt:st from the
public official and eoncurreace of the Ciry- CommÏssioa by duly eaaeted resoffitiofi. Notice
of termination of the emergency declaration shall be made to the public by the City Manager
by the same mean3 as the notÏee of tht: deeæratiofi of the Sts:te of eftI.ctgcncy available
means.
Section 3. That Chapter 95, "Emergency Management", Section 95.09, "Police
Emergencies", of the Code of Ordinances of the City of Deltay Beach, Florida, shall hereby be
amended to read as follows:
See. 95.09. POLICE EMERGENCIES.
(A) A public emergency may be declared because of civil unrest or imminent
threat to public peace or order when the Chief of Police, or if unavailable, the next highest
ranking officer in the Police Department chain of command, certifies to the City Manager,
(or, if unavailable, the Acting City Manager) that an emergency condition arising from
hostile actions of others, armed or unarmed or other imminent threat to public peace or
order, requires extraordinary measures for control, including, but not limited to curfew;
blockade; proscription of the sale of firearms and other weapons, alcoholic beverages;
explosives and combustibles;; evacuation; and other like actions. The City Manager, or if
unavailable, the Acting City Manager, shall report said certification to the officials in the
order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant
to Section 95.05, a declaration of emergency may then [be] issue[d].
(B) Declaration of a public emergency because of civil unrest or imminent
threat to public peace or order, shall authorize the issuaace of eftI.ergenc} resolutfOfiS }1, B,
C, D and H, aftd otfler appropriate resoltHiofis, as may be re~ed and ftMlJ, if applicable,
Mayor. VIce-Mayor. Cit;y Manager or AssIstant Cit;y Manager or other designated official to
exercise the powers provided in Section 95.05 or require automatic emergency measures
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pursuant to F.S. Section 870.44 et seq. In addition, additional discretionary emergency
measures pursuant to F.S. Section 870.045 may be issued.
Section 4. That Chapter 95, "Emergency Management", Section 95.10, "Fire and
Hazardous Materials Emergencies", of the Code of Ordinances of the City of Deltay Beach, shall
hereby be amended to read as follows:
See. 95.10. FIRE AND HAZARDOUS MATERIALS EMERGENCIES.
(A) A public emergency may be declared because of fire or a hazardous
materials incident emergency when the Chief of the Fire-Rescue Department, or if
unavailable, the next highest ranking officer in the Fire-Rescue Department chain of
command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an
actual or potential condition arising from fire, explosion, chemical, radiological or biological
spill, release or exposure, building or bridge collapse, or plane, train, or other vehicle
accident, or other actual or potential occurrences which pose an unreasonable risk to
health, safety and property, which requires extraordinary measures for control, including,
but not limited to calling out of off-duty and reserve personnel; assistance by outside
agencies; evacuation; and other like actions. The City Manager, or if unavailable, the Acting
City Manager, shall report said certification to the officials in the order named in Section
95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a
declaration of emergency may then issue.
(B) Declaration of a public emergency because of fire. chemical. radiological or
biological and hazardous material emergency shall authorize the issWincc of emergeaey
resolutiofl3 ./'1. B, C, D, E, C aad H, Mid otht:r appropriate resoffitiofis, as may be rt:quired.
Cit;y Manager or other designated official to exercise the powers provided in Section 95.05.
Section 5. That Chapter 95, "Emergency Management", Section 95.11, "Utility
Emergencies", of the Code of Ordinances of the City of Deltay Beach, shall be hereby amended to
read as follows:
See. 95.11. UTIUTY EMERGENCIES.
(A) A public emergency may be declared because of utility conditions when the
Director of [the] Environmental Services Department, or if unavailable, the next highest ranking
Environmental Services Department official, certifies to the City Manager (or, if unavailable, the
Acting City Manager) that:
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(1)
A condition exists or is imminent that endangers the safety,
potability, quantity, availability, collection, conveyance, transmission,
distribution, treatment, or storage of water or waste water through
or within the City's water or waste water utility system; or
(2)
A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, distribution, or storage of gas
through or within the City's gas utility system; and
(3)
Extraordinary actions to control and correct the situation are
required, including, but not limited to, emergency purchase; call-in
of off-duty personnel; assistance by other communities and
agencies; and other like actions.
The City Manager, or, if unavailable, the Acting City Manager, shall report said
certification to the officials, in the order named in Section 95.05 regarding the need to
declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may
then [be] issue[d].
(B) Declaration of a public emergency because of utility conditions shall
authorize the issuanee of efflt:rgeaey resoffitions :'''1, B, E !tad H, aad other appropriate
resolutions, as may be reqttired. exercise of emergency powers provided in Section 95.05.
Section 6. That Chapter 95, "Emergency Management", Section 95,12, ''Weather
Emergencies", of the Code of Ordinances of the City of Delray Beach, shall be hereby amended to
read as follows:
Seetion 95.12. WEATHER EMERGENCIES.
(A) A public emergency may be declared because of weather conditions when
the National Weather Service or a State, County or local emergency management agency informs
the City or the public that emergency conditions resulting from meteorological conditions are
present or imminent. Meteorological conditions covered by this Section shall include, but are not
limited to, hurricanes, floods, tornadoes, or other severe weather conditions and the results
therefrom. The City Manager, or, if unavailable the Acting City Manager, shall request a
declaration of a state of emergency from the officials in the order named in Section 95.05.
Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d].
(B) Declaration of a public emergency because of weather conditions shall
authorize the issuanee of emergeacy resolutioas }1 through H, and othe:r appropriate resoffitioas, as
may be reqttired. exercise of emergency powers provided in Section 95.05.
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Section 7. That Chapter 95, "Emergency Management", Section 95.13, "Suspension of
Local Building Regulations", of the Code of Ordinances of the City of Deltay Beach, shall be
hereby amended to read as follows:
See. 95.13. SUSPENSION OF LOCAL BUILDING REGULATIONS.
The City Manager, or, if unavailable, the Acting City Manager, may authorize a
suspension of local building regulations during and following a declared state of emergency when
the Chief Building Official certifies to the City Manager, or, if unavailable, the Acting City Manager,
that such action is necessary for the expeditious restoration of property damaged by the emergency
event. Such suspension of building regulations may be applied on a case-by-case basis as required
to remedy specific conditions and to facilitate the provision of emergency housing to disaster
victims. The Chief Building Official shall specify the provisions of the building code to be
suspended and the reasons therefore, when certifying the necessity of such suspension to the City
Manager. The City Manager shall communicate to the City Commission the need to suspend local
building regulations to the officials, in the order named in Section 95.05(A). The City Commission
shall confirm the suspension pursuant to Section 95.05tb}.
Section 8. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid,
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 10. That this ordinance shall become effective immediately upon its passage on
second and final reading.
5~ PASSED A~DOPTED in regular session on second and final reading on this the
day of . ....1¿ , 2005.
M, ~1!-
ATTEST:
~~.~~
CITY CLERK \
First Reading 3 _'b \ D5
Second Reacting 4\ 5 \ Ò5
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[JJi1
AGENDA ITEM # \0 ß - REGULAR MEETING OF APRIL 5. 2005
ORDINANCE NO. 12-05
SUBJECT:
DATE:
APRIL 1, 2005
This is ordinance is before Commission for second reading and public hearing to amend Chapter 95,
"Emergency Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding
emergency management.
At the first reading on March 15, 2005, the Commission passed Ordinance No. 12-05.
Recommend approval of Ordinance No. 12-05 on second and final reading.
S'\Clty Clerk\agenda memos Ord 12-05 Emergency Management 04 05 05
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
DELRA Y BEACH
b:äIi
AJl.Amerlca City
~1Ir,
200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7090
MEMORANDUM
DATE:
February 28,2005
TO:
City Commission
David T. Harden, City Manager
Terrill Barton, Assistant City Attorney ?f..Þ
FROM:
SUBJECT:
EmerQencv ManaQement Ordinance
Attached please find an ordinance updating the City's emergency management
ordinances. Please place it on the next available City Commission agenda for
first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
\;LA
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AA1
ORDINANCE NO. 12-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 95, "EMERGENCY MANAGEMENT', BY
AMENDING SECTION 95.05 THROUGH 95.13 IN ORDER
TO PROVIDE AN UPDATED ORDINANCE REGARDING
EMERGENCY MANAGEMENT; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, in a continuing effort to update the City's emergency policies and procedures,
certain revisions to the code of ordinances are necessary; and
WHEREAS, the Commission desires to amend Sections 95.05 through 95.13 of the City's
Code of Ordinances in order to reflect these revisions and clarify and streamline certain authority in
the event of an emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That Chapter 95, "Emergency Management", Section 95.05, "Declaration of
a State of Emergency", of the Code of Ordinances of the City of Deltay Beach, Florida, is hereby
amended to read as follows:
See 95.05. DECLARATION OF A STATE OF EMERGENCY.
(A) The Mayor, Vice Mayor, City Manager, or the Acting City Manager, in the
order named, based on availabilit;y. shall have the authority to declare a state of emergency.
UpOfi the aesefice or t1fiav1tÏ:lahility of the Mayor, the Viee 1\byor ftMlJ isstle MleR a
declaration, aad upoa the aeseaee or 1:1ftavailahility of Mft)'or a:ad the Viee Mayðf, the City
Maaager may issue SUeft declaration, or upOfi the absenee M Ufiavit:Ïlability of the City
Maaagt:r, the ..^1CtÏftg City Maftager may isstle StiCR a declaration.
(B) Any declaration of a state of emergency and all emergency regulations
activated or rescinded under the provisions of this Chapter shall be confirmed by the City
Commission ey resoltttioft no later than at the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission extremely impractical. Coaãrmat:ios
of die emergt:sey decltratioa sRaR disdose the reaSOfiS for, aatÏeipated impae:t3 of, actÏ6fts
proposed afid takes to maflage the emefgt:ftey, aftd other perttneat data reætiag to the
emergt:a~' req~ the tkelaftt:ioa.
(C) Emergency resolutions authorized by this Chapter shall include, but are not
limited to, the following subjects:
Resolution
S ubjeeI
A
Evacuation
B
Curfews, declaration of areas off limits
C
Suspension or regulation of the sale of, or offer to
sell, with or without consideration, alcoholic
beverages, ammunition, firearms, explosives illi!
flammables or combustibles
D
Prohibiting the sale of merehandise, goods or services
at more than the average retail price
E
Water use restrictions
F
Suspension of local building regulations
G
Regulating the use of and rationing of fuel, ice and
other essentials
H
Emergency procurement procedures
ÇD) Upon declaration of a state of local emergency and during the existence of
a declared state of local emergency. the Mayor or designated cit;y official. in addition to any
other powers conferred upon the Mayor or designated cit;y official by F.S. Chapter 252. F.S.
Chapter 870. or other law. has the power and authorit;y among other non enumerated
powers to:
(1) Direct and compel the evacuation of all or part of the population
from any stricken or threatened area within the Cit;y if the Mayor or designated cit;y official
deems this action necessary for the preservation of life or other emergency mitigation.
response. or recoveCJ.
(2) Waive the procedures and formalities otherwise required of the city
by law or ordinance pertaining to:
(a) Performance of public work and taking whatever prudent
action is necessaCJ to ensure the health. safet;y. and welfare of the communit;y:
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(1)) Entering into contracts:
(c) Incurring obligations:
(d) Employment of permanent and temporary workers:
(e) Utilization of volunteer workers:
(t) Rental of ec¡uipment:
(g) Acq,uisition and distribution. with or without compensation.
of supplies. materials. and facilities:
(h) Appropriation and expenditure of public funds.
(3) Prohibit or regulate travel upon any public street. highway or upon
any other public propert;y. Persons in search of medical assistance. food or other
commodit;y or service necessaCJ to sustain the well being of themselves or their families or
some member thereof may be excepted from such prohibition or regulation:
(4) Impose a curfew upon all or any portion of the cit;y there~
prohibiting persons from being on public streets. highways. parks or other public places
during the hours which the curfew is in effect:
(5) Prohibit any person. firm. or corporation from using the fresh water
supplied by the city for any pw;pose other than cooking. drinking or bathing;
(6) Prohibit the sale or distribution of any alcoholic beverages.
ammurution. firearms. explosives. and flammables or combustibles during a state of
emergency with or without the payment or a consideration therefore:
Çl) Prohibit or r~gulate the participation in or cartyÍ11g on of any
business activit;y. and prohibit or regulate the keeping open of places of business. places of
entertainment and any other place of public assembly:
(8) Regulate the use of and ration fuel. ice and other essentials:
(9) Prohibit or regulate any demonstration. parade. march. vigjl or
participation therein from taking place on any of the public rights-of-way or upon any public
propert;y:
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(10) Suspend local building regulations as necessary during the existence
of a public emergency:
(11) Prohibit the sale of merchandise. goods or services at more than the
average retail price:
(12) The restrictions referenced in sections (3) through (11) above may
exempt. from all or part of such restrictions. physicians. nurses and ambulance operators
performing medical services. on-dut;y employees of hospitals and other medical facilities. on-
dut;y militaCJ personnel. bona fide members of the news media. personnel of public utilities
maintaining essential public services. cit;y authorized or requested fire£¡ghter. paramedic. law
enforcement officers and emerg.ency management personnel and such other classes of
persons as may be essential to the preservation of public order and immediately necessatr to
preserve safet;y. health and welfare needs of the people within the cit;y.
~ ® A declaration of a state of emergency shall activate the emergency plans
applicable to the City. A declaration of a state of emergency shall automatically invoke the
emergency measures listed in F.S. Section 870.044, if the emergency relates to overt acts of
violence or the unminent threat of such violence.
(Bt æ A state of emergency, when declared as provided herein, shall continue in
effect from day to day until declared to be terminated. Provided, however, that a state of
emergency declared pursuant to F.S. Section 870.041 et seq. shall commence upon the
declaration thereof and shall terminate at the end of a period of seventy-two (72)
consecutive hours thereafter, unless, prior to the end of such seventy-two-hour period, the
public official or city official declaring the emergency shall have terminated such State of
emergency. An extension of the 72-hour time limit must be accomplished by a request from
the p\:1Blic official aad the concurrefiee of the City C0mm13sfOfi, bJ àt1ly t:fiacted resoll:1tiofi.
declaration of extension of the state of emergency by the Mayor or designated Cit;y official.
(F) UpOfi the declaratiofi of a state of emergea~, the City Maaager sRaR post Ii
Wftttefi fiotice of sueR declaratiofi upOfi the mMa bulletin B08::1'd Ífi City HaY, afid sRaY, as
promptly as practicable, file in the office of tht: City Clerk a fiotice of a declart:d state of
emergeficy, Of emergeßt:y measure deelttred or ordered afid pt'6mtilgated by virme of F$.
Sectiofi 870.041 et. set).. The City ÞYbfiage:r sRaR fiOtify the local media by telephofte, if
practicaBle. Wftefi pmctica.ele, the City Maaagt:r sRall also cause wftttefi fiotiee to be
poolisRed in its t:fitÏrety, at least tmee (3) days eacR week Ífi the aewspaper of gefieral
eirctllation Ífi the City until the statt: of emt:tgt:ficy is declared to be tt:rmæated.
Section 2. That Chapter 95, "Emergency Management", Section 95.06, ''Termination of
a State of Emergency", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
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See. 95.06. TERMINATION OF A STATE OF EMERGENCY.
A state of emergency shall may be terminated by the official declaring the emergenÇ,y
or a person eligible to declare an emergency and the termination. shall be confirmed by a
vote of the City Commission if practicable or upon the certification of the person who
originally requested the declaration of the State of emergency, that the conditions leading to
or causing the emergency no longer exist and the City's agencies and departments are able to
manage the situation without extraordinary assistance. Provided, however, that a state of
emergency established under F.S. Section 870.041 et seq., shall terminate at the end of a
period of seventy-two (72) consecutive hours after the declaration of the emergency, unless,
prior to the end of the seventy-two-hour period, the public official calling for a declaration
of emergency or the City Commission has terminated such state of emergency. Afty
extefisiofi of the sevefity two Rom time limit mt1st Be aeeompliJRed by a .reqeest from the
poolie offieial tfid wfieurreftee of the City Co1JUfti33iofi by duly eaacted resolution. Notice
of termination of the emergency declaration shall be made to the public by the City Manager
by the same mt:afiS as the ftotiee of the deelaratiofi of the State of eme:rgeficy available
~.
Section 3. That Chapter 95, "Emergency Management", Section 95.09, ''Police
Emergencies", of the Code of Ordinances of the City of Deltay Beach, Florida, shall hereby be
amended to read as follows:
See. 95.09. POLICE EMERGENCIES.
(A) A public emergency may be declared because of civil unrest or imminent
threat to public peace or order when the Chief of Police, or if unavailable, the next highest
ranking officer in the Police Department chain of command, certifies to the City Manager,
(or, if unavailable, the Acting City Manager) that an emergency condition arising from
hostile actions of others, armed or unarmed or other imminent threat to public peace or
order, requires extraordinary measures for control, including, but not limited to curfew;
blockade; proscription of the sale of firearms and other weapons, alcoholic beverages;
explosives and combustibles;; evacuation; and other like actions. The City Manager, or if
unavailable, the Acting City Manager, shall report said certification to the officials in the
order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant
to Section 95.05, a declaration of emergency may then [be] issue[d].
(B) Declaration of a public emergency because of civil unrest or imminent
threat to public peace or order, shall authorize the isSl:lafiee of emergeftey .resolut:t8fis }1, B,
C, D and H, aftd other appropriate resoletiofis, as m~ be req-uired afid may, if applit:able,
Mayor. Vice-Mayor. Cit;y Manager or Assistant Cit;y Manager or other designated official to
exercise the powers provided in Section 95.05 or require automatic emergency measures
5
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pursuant to F.S. Section 870.44 et seq. In addition, additional discretionary emergency
measures pursuant to F.S. Section 870.045 may be issued.
Section 4. That Chapter 95, "Emergency Management", Section 95.10, "Fire and
Hazardous Materials Emergencies", of the Code of Ordinances of the City of Deltay Beach, shall
hereby be amended to read as follows:
6
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See. 95.10. FIRE AND HAZARDOUS MATERIALS EMERGENCIES.
(A) A public emergency may be declared because of fire or a hazardous
materials incident emergency when the Chief of the Fire-Rescue Department, or if
unavailable, the next highest ranking officer in the Fire-Rescue Department chain of
command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an
actual or potential condition arising from fire, explosion, chemical, radiological or biological
spill, release or exposure, building or bridge collapse, or plane, train, or other vehicle
accident, or other actual or potential occurrences which pose an unreasonable risk to
health, safety and property, which requires extraordinary measures for control, including,
but not limited to calling out of off-duty and reserve personnel; assistance by outside
agencies; evacuation; and other like actions. The City Manager, or if unavailable, the Acting
City Manager, shall report said certification to the officials in the order named in Section
95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a
declaration of emergency may then issue.
(B) Declaration of a public emergency because of fire. chemical. radiological or
biological and hazardous material emergency shall authorize the issuance of emergt:fiey
resoletions A. B, C, D, E, C aad H, and other appropriate resoletions, as may be required.
Cit;y Manager or other designated official to exercise the powers provided in Section 95.05.
Section 5. That Chapter 95, "Emergency Management", Section 95.11, "Utility
Emergencies", of the Code of Ordinances of the City of Deltay Beach, shall be hereby amended to
read as follows:
See. 95.11. UTIUTY EMERGENCIES.
(A) A public emergency may be declared because of utility conditions when the
Director of [the] Environmental Services Department, or if unavailable, the next highest ranking
Environmental Services Department official, certifies to the City Manager (or, if unavailable, the
Acting City Manager) that
(1) A condition exists or is imminent that endangers the safety,
potability, quantity, availability, collection, conveyance, transmission,
distribution, treatment, or storage of water or waste water through
or within the City's water or waste water utility system; or
(2) A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, distribution, or storage of gas
through or within the City's gas utility system; and
7
()RJ).~(). 12-05
(3) Extraordinary actions to control and correct the situation are
required, including, but not limited to, emergency purchase; call-in
of off-duty personnel; assistance by other communities and
agencies; and other like actions.
The City Manager, or, if unavailable, the Acting City Manager, shall report said
certification to the officials, in the order named in Section 95.05 regarding the need to
declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may
then [be] issue[d].
(B) Declaration of a public emergency because of utility conditions shall
authorize the issWlnce of emergefiey resoll:1tiofis A, B, E æd H, afid other appropriatt:
resolutiofis, a~ ftMlJ Be rt:qtåred. exercise of emergency powers provided in Section 95.05.
Section 6. That Chapter 95, "Emergency Management", Section 95.12, "Weather
Emergencies", of the Code of Ordinances of the City of Deltay Beach, shall be hereby amended to
read as follows:
Seetion 95.12. WEATHER EMERGENCIES.
(A) A public emergency may be declared because of weather conditions when
the National Weather Service or a State, County or local emergency management agency informs
the City or the pubhc that emergency conditions resulting from meteorological conditions are
present or imminent. Meteorological conditions covered by this Section shall include, but are not
limited to, hurricanes, floods, tornadoes, or other severe weather conditions and the results
therefrom. The City Manager, or, if unavailable the Acting City Manager, shall request a
declaration of a state of emergency from the officials in the order named in Section 95.05.
Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d].
(B) Declaration of a public emergency because of weather conditions shall
authorize the issWlnce of emergeneJ resolutiofis }1 through. H, æd other appropMte resolutiofis, as
may Be reqttired. exercise of emergency powers provided in Section 95.05.
Section 7. That Chapter 95, "Emergency Management", Section 95.13, "Suspension of
Local Building Regulations", of the Code of Ordinances of the City of Delray Beach, shall be
hereby amended to read as follows:
See. 95.13. SUSPENSION OF LOCAL BUILDING REGULATIONS.
The City Manager, or, if unavailable, the Acting City Manager, may authorize a
suspension of local building regulations during and following a declared state of emergency when
the Chief Building Official certifies to the City Manager, or, if unavailable, the Acting City Manager,
8
()RJ). ~(). 12-05
that such action is necessary for the expeditious restoration of property damaged by the emergency
event. Such suspension of building regulations may be applied on a case-by-case basis as required
to remedy specific conditions and to facilitate the provision of emergency housing to disaster
victims. The Chief Building Official shall specify the provisions of the building code to be
suspended and the reasons therefore, when certifying the necessity of such suspension to the City
Manager. The City Manager shall communicate to the City Commission the need to suspend local
building regulations to the officials, in the order named in Section 95.05(A). The City Commission
shall confirm the suspension pursuant to Section 95.05-EBt.
Section 8. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 10. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
A TIEST:
CIlY CLERK
First Reading
Second Reading
9
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26 Boca RatonJDelray Beach News - Thursday, March 241Friday, March 25, 2005 · www bocanews.com
100
ANNOUNCEMENTS
---I 100 J--
LEGAL NOTICES
;IT", ..IIIIIUØAI.............
NOTICIOfMUC_
. PUBlIC HEARING wi be hold III the
~~~~æ:;.~
any continuatton of such meeting
W~~~tkt~:
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...- thøir adoption. 1be pnI XJSOd
onfinance may be InspecIød at ..
0IIIœ 01.. CIty CIertt at CIty Hal, 100
N W 101_, DoIrav IIMch, Roll-
da, -... hours 018:00 a.m....
5'00 p m., Monday Ö1IOU I1 friday,
=-~::::.=
res¡JOCIlO......- -.....
OR-..œ 110.12"
AN ORDINANCE OF THE mY COM-
~A.~~-~~
TEll 95, "EMERGfNCY MANAGE-
MfHr. BY AMENDING sa:T1ON
95 OS THROUGH 95.13 IN OIIDER 10
PROIIIOE AN lIPDA.1SJ ORDINANCE
RfGAIID1NG EMERGENCY MANAGE-
MENT; PROVIDING A SAVINGS
CI.AUSE, A GENERAl REPEALER
ct.AUSf, NIl! Nt EffECI1VE DATE.
_110. ,..
~ 100 J-- ---- 100 J--
LEGAL NOTICES LEGAL NOTICES
AN UHUlNANGt OF ¡HE CII'i CUM-
MISSION OF "!HE CfIY OF ORRAY
!lEACH, A.ORIOA, AMENDING CHAP-
TER 35, "EMPlOYEES POliCIES ANO
BENERTI)", ßUBHEADING "RETIRE-
MENTPLAN", Of THE CODE OFORDI-
NANCES OF "!HE CfIY OF ORRAY
BEACIf, FLORIDA, BY AMENDING
SECTION 35 097, "RETIREMENT
INCOME, BASIS, AMOUNT, ANO PAY-
MfHr, TO PROVIDE FOR AN
OPTIONAl ENHANCED MUlTIPliER
PROVIOING A GENERAl REPEALfR
CLAUSE, PROVIDING A VALIDITY
ClAUSE, ANO PROVlOING AN EFFEC-
TIVE DATE.
DIIOIIIANCE NO. 19.œ
AN ORDINANCE OF "!HE mY COM-
MISSION OF "!HE CfIY Of DfLRAY
BEACH, FlORIDA, AMENOING CHAP·
TER 35, "EMPI.OYE&S POlICIES AND
BENEFITS", SUBHEADING 'RETIRE'
MENT PLAN", OF "!HE COIlE OF ORDI-
NANŒS OF THE mY Of DElRAY I
BEACH, A.ORIDA, BY AMENDING
SECTION 35.089, "DEANITlONS", 10
REVISE 1HE DEFINITION OF "CREDIT,
ED SERVICE" TD INCUJDE CERTAIN
EMPLOYMENT wmt THE CfIY AS A
POUCE 0ffIŒII OR FIREFIGHTER
FOR VE5J1NG AND CERTAIN BENEFIT
BJGI81lßY PURPOSES ONLY, PR0-
VIDING A GENERAl REPEALER
ClAUSE, PROVIDING A VAlJDITY
a..AUSE. AND PROVIDING AN EFFEC-
TIVE DATE.
Please be _-1IJ3I n a_
docIdos 111 appeal any decisIOn ..-
by"CIIy CÐmmIsstónwllhl8SpOCl1o
any .- ...-.,¡ at ..... ,-.
ings, sudI_ ma¡ I'lIIOO 111 """""' -
1IJ3Ia_18COI'd _......
1ImcnJ and.1\IIdence upon _ ..
appeal IS 10 be based 1be CIty does
=;! gJfOSsudll1!COnl.
CITY OF DElRAY BEACH
~D NubIn
CIty CIertt
PU8USH: l'hursday, _ 24, 2IJOS
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