Ord 09-03ORDINANCE NO. 9-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING
CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95.10, "FIRE AND HAZARDOUS MATERL&LS
EMERGENCIES", TO CLARIFY THE DEFINITION OF
HAZARDOUS MATERIALS, PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
ordinance on Emergency Management, clarifying its description of hazardous materials by including
biological and chemical spills, releases or exposures or other actual or potential occurrences which
pose an unreasonable risk to health, safety and property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the Code of Ordinances, Chapter 95, Section 95.10, "Fire and
Hazardous Materials Emergencies" is hereby amended to read as follows:
Section 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 Depatunent, or ff unavailable, the next
highest ranking officer in the Fire-Rescue Deparu, xent 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, o~ 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.
Declaration of a public emergency because of fire and hazardous material emergency
shall authorize the issuance of emergency resolutions A, B, C, D, E, G and H, and
other appropriate resolutions, as may be required.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED;0~N~D .A/~DOPTED in regular session on second and final reading on this the
day of (~., ,2003.
/
A'ITEST:
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 9-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~Q~
AGENDA ITEM $$
ORDINANCE NO. 9-03
MANAGEMENT")
DATE: APRIl, 11, 2003
- REGULAR MEETING OF APRIL 15, 2003
(AMENDING CHAPTER 95 "EMERGENCY
This ordinance is before Commission for second reading and public heating to amend Chapter 95
"Emergency Management" of the Code of Ordinances by mending Section 95.10, "Fire and
Hazardous Materials Emergencies". Ordinance No. 9-03 clarifies the description of hazardous
materials to include biological, radiological, and chemical spills, releases, or exposures.
At the first reading on April 1, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 9-03 on second and final reading.
S:\Ctty Clerk\chevelle folder\agenda memo. Omi 9.03HazardousMatenals.4.15.03.doc
CITY OF DELRrI¥ BErlgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7091
MEMORANDUM
March 25, 2003
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Ordinance Further Defining Hazardous Materials
Fire Chief, Kerry Koen, asked me to review the City's emergency preparedness
ordinance, and in particular, the hazardous materials emergency section.
The attached ordinance makes it clear that a hazardous materials incident
emergency includes, among other events, chemical, radiological or biological
spills, releases or exposures.
Please place this ordinance on the next City Commission agenda for
consideration.
SAR:ci
Attachment
Cc:
Chief Kerry Koen, Delray Beach Fire Department
Chief Larry Schroeder, Delray Beach Police Department
ORDINANCE NO. 9-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95.10, "FIRE AND HAZARDOUS MATERIALS
EMERGENCIES", TO CLARIFY THE DEFINITION OF
HAZARDOUS MATEPdALS, PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
ordinance on Emergency Management, clarifying its description of hazardous materials by including
biological and chemical spills, releases or exposures or other actual or potential occurrences which
pose an unreasonable risk to health, safety and property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOI J.OWS:
Section 1. That the Code of Ordinances, Chapter 95, Section 95.10, "Fire and
Hazardous Materials Emergencies" is hereby amended to read as follows:
Section 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 Fire Chief, or if unavailable, the next highest ranking officer in the Fire
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
biolo~cal spill, o~ 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.
Declaration of a public emergency because of fire and hazardous material emergency
shall authorize the issuance of emergency resolutions A, B, C, D, E, G and H, and
other appropriate resolutions, as may be required.
Section 2. 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 iurisdiction 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. 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 ., 2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 9-03
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