Res 22-92 RESOLUTION NO. 22-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; APPROVING THE FORM OF A STANDARD
PROCLAMATION AND EIGHT STANDARD RESOLUTIONS WHICH
MAY BE UTILIZED TO DECLARE AND TO CONFIRM A STATE
OF EMERGENCY, AND TO IMPOSE CERTAIN RESOLUTIONS
DURING A STATE OF EMERGENCY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, provides for the declaration of a
state of emergency, the confirmation of such declaration, and the
activation of certain emergency plans by the use of proclamations
and resolutions; and,
WHEREAS, it is necessary and appropriate to establish
the form of a standard proclamation and standard resolutions to
be used for such purpose when needed, as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The standard proclamation to declare a
state of emergency, a copy of which is attached hereto, and the
standard resolutions to confirm a state of emergency and to
activate certain emergency plans, copies of which are attached
hereto as Exhibits A through H, are hereby approved for use when
needed pursuant to Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, subject to such modifications as
may be required under the circumstances of the emergency.
Section 2. This resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED in regular session on this the llth
day of February, 1992.
ATTEST:
J City~ C~rk
CITY OF DELRAY BEACH, FLORIDA
PROCLAMATION
WHEREAS, has certified that
conditions resulting from
have created an emergency situation; and
WHEREAS, Chapter 95 of the Code of Ordinances authorizes
certain emergency measures to be taken under emergency conditions; and
WHEREAS, a state of emergency is hereby declared by
proclamation to authorize such actions as may be necessary to manage
such state of emergency; and
WHEREAS, the issuance of emergency resolution(s)
shall be necessary to enable the proper control of and response to the
emergency conditions certified above.
NOW, THEREFORE, I, ,
of the City of Delray Beach, Florida, do hereby proclaim and declare
that an emergency exists within the City of Delray Beach and that all
proper and lawful actions necessary to swiftly resolve the emergency
and return the community to a condition of normalcy shall be taken.
Authorized Official
Date
RESOLUTION NO. A
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF
CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, a State of Emergency in the City of Delray Beach
was proclaimed by on
due to
; and
WHEREAS, citizens must be moved from harm's way; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the activation of plans for evacuation during a
state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
seriously affected and threatened the lives and property of residents
of the City of Delray Beach and requires the evacuation of citizens
from the following area(s):
effective
(Time) (Day) (Month) (Year)
Section 3. Such evacuation shall remain in effect until
competent authority declares the state of emergency terminated.
~ This resolution shall take effect at the date
and time specified in Section 2.
PASSED AND ADOPTED on this the day of ,
19
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. B
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A
CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS.
WHEREAS, a State of Emergency in the City of Delray Beach
was proclaimed by on
due to
; and
WHEREAS, conditions arising from
have seriously affected the safety and security of the lives and
property of the citizens of the City of Delray Beach; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the declaration of a curfew and the designation
of areas as off limits during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
seriously affected and created conditions which threaten the safety
and security of the lives and property of the citizens of Delray Beach
and thereby requires the establishment of a curfew between the hours
of and daily and the designation
of the following areas as off limits to all except personnel
authorized by the Police or Fire Departments:
effective
(Time) (Day) (Month) (Year)
Section 9, This resolution shall take effect at the date
and time specified in Section 2.
~_~ All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
PASSED AND ADOPTED on this the day of ,
19
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. C
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZING THE REGULATION
AND SUSPENSION OF THE SALE OF ALCOHOLIC BEVERAGES,
AMMUNITION, FIREARMS, AND FLAMMABLE OR COMBUSTIBLE
MATERIALS AND EXPLOSIVES.
WHEREAS, a State of Emergency in the City of Delray Beach
was proclaimed by on
due to
; and
WHEREAS, threatens the
safety and welfare of the citizens of the City of Delray Beach; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the suspension or regulation of the sale of
alcoholic beverages, ammunition, firearms, explosives, and flammables
or combustibles during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has and
conditions arising therefrom are seriously threatening the safety of
the citizens and property in the City of Delray Beach and require the
sale of alcohol, ammunition, firearms, explosives and flammable or
combustible materials to be suspended within the City limits of the
City of Delray Beach to control and prevent circumstances leading to
public disorder, riot, arson, looting, and other unlawful acts during
the period of the declared emergency.
~_~ No alcoholic beverage in any form shall be sold,
offered for sale or otherwise distributed within the City during the
period of the emergency by any person or by any commercial, nonprofit
or other establishment whether for consumption on or off-premises or
for wholesale or retail sale.
~ No firearm shall be sold, transferred or
otherwise made available for sale or exchange within the City during
the period of this emergency by any person. The sale or exchange of
ammunition, spare parts, or other items integral to the operation of
firearms shall likewise be forbidden. During the period of this
emergency, no person shall carry, display or otherwise use a firearm
without the express written consent of the Chief of Police, other than
law enforcement officers. The carrying, displaying or possession of a
firearm in the City without the specific approval of the Chief of
Police shall result in its confiscation by the proper Police
authority.
Section 5. No flammable or combustible material or
explosive, i.e. gasoline, kerosene, benzene, or blasting caps,
dynamite, plastic explosives, nitroglycerine, ammonium nitrate or
other explosives, shall be sold, used or transported in containers
within the City other than on a tank-hold basis during the period of
emergency without the issuance of a written permit by the Fire Chief.
Such flammable or explosive materials shall not be transported
otherwise.
~ All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
Section 7. The regulation and suspension of the sale and
possession of alcoholic beverages, ammunition, firearms, flammable or
combustible materials or explosives shall remain in effect until
competent authority declares the state of emergency to be terminated.
~ection 8. .This resolution shall take effect on
(Time) (Day) (Month) (Year)
PASSED AND ADOPTED on this the day of ,
19
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. D
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND PROHIBITING THE SALE OF
MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE NORMAL
AVERAGE RETAIL PRICE.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due
to
; and
WHEREAS, threatens the
stability, economy and civil order of the City of Delray Beach and its
citizens; and
WHEREAS, charging more than the normal retail price under
existing conditions is an attempt to profit from the misfortune of
others and can lead to civil strife, to inequities in the distribution
of essential materials such as foodstuffs, ice, fuel, and other vital
necessities, and to a greater loss of the sense of hope and well being
so basic to a speedy recovery and restoration of the community; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes this prohibition of the sale of merchandise, goods
or services at more than the normal average retail price during a state
of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2, has and
conditions arising therefrom threaten to create shortages of essential
goods and services which are needed to sustain the physical well being,
economic stability and public order of the City of Delray Beach and its
citizens.
Section 3. No person or business entity offering goods or
services for sale within the City of Delray Beach shall charge more than
the normal average retail price as defined by Section 95.01(B), Chapter
95, Code of Ordinances, during the period of the declared emergency.
Section 4. All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
~ The regulation and control of retail prices within
the City of Delray Beach shall remain in effect until competent
authority declares the state of emergency to be terminated.
Section 6. This resolution shall take effect on
(Time) (Day) (Month) (Year)
PASSED AND ADOPTED on this the day of ,
19
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. D
RESOLUTION NO. E
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND PLACING CERTAIN RESTRICTIONS ON
THE USE OF WATER WITHIN THE UTILITY SERVICE AREAS OF
THE CITY OF DELRAY BEACH.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due
to ; and
WHEREAS, threatens the
water supply of the City of Delray Beach; and
WHEREAS, extraordinary actions must be taken to assure
adequate potable water supplies; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes water use restrictions during a state of
emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SectiQn 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
~ is seriously
affecting the water of the City
of Delray Beach and requires the restriction of water to and use within
the following areas: ,
effective
(Time) (Day) (Month) (Year)
~_~ Water use shall be restricted to the following
conditions:
~ Such restrictions shall remain in effect until
competent authority shall declare the state of emergency terminated.
Section 5. This resolution shall take effect at the date and
time specified in Section 2.
PASSED AND ADOPTED on this the day of , 19
MAYOR
ATTEST:
City Clerk
RESOLUTION NO. F
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND SUSPENDING CERTAIN LOCAL
BUILDING REGULATIONS UNDER EMERGENCY CONDITIONS.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due
to ; and
WHEREAS, has caused extensive damage
to public and private property within the City of Delray Beach; and
WHEREAS, the expeditious restoration of property to
pre-existing conditions is vital to enable the re-establishment of
shelter for residents, businesses and public activities; and
WHEREAS, adherence to certain local established building
regulations and procedures can delay the process of restoring properties
to conditions existing prior to the emergency; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the suspension of local building regulations
during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has caused
damage to numerous properties rendering them unsafe or marginally
habitable forcing residents from their residences and business and
commercial activities to remain closed.
Section 3. The following suspension of certain building
regulations and procedures shall remain in effect until competent
authority shall declare the state of emergency terminated:
Section 4. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED on this the day of ,
MAYOR
ATTEST:
RESOLUTION NO. G
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND RATIONING CERTAIN ESSENTIAL
CONSUMABLES UNDER EMERGENCY CONDITIONS.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due
to ; and
WHEREAS, conditions caused by have
caused or threaten to cause shortages of critically needed consumables
essential to the subsistence of the citizens of Delray Beach; and
WHEREAS, measures are necessary to assure an equitable
distribution of these essentials; and
WHEREAS, a method to assure the availability of
to meet the minimum requirements for these consumables must limit the
amount sold to individual families; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the rationing of fuel, water, ice and other
essentials during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
~_~ The following essential consumables shall be
rationed for sale to individual families:
~_~ No individual may purchase more than the following
amount of the above each day:
Section 4. Such rationing of essential consumables shall
remain in effect until competent authority shall declare a state of
emergency terminated.
Section 5. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED on this the day of , 19
ATTEST: M A Y O R
City Clerk
RESOLUTION NO. H
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY, AUTHORIZING EMERGENCY PROCUREMENT
PROCEDURES, AND SUSPENDING CERTAIN CITY CODES RELATING
TO PURCHASING.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due
to ; and
WHEREAS, has caused extensive damage
to public and private property within the City of Delray Beach; and
WHEREAS, the expeditious restoration of property to
pre-existing conditions is vital to enable the re-establishment of
public activity; and
WHEREAS, adherence to certain local ordinances establishing
purchasing and procurement procedures can delay the process of restoring
public facilities to conditions existing prior to the emergency; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the enactment of emergency procurement procedures
during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has caused damage to
numerous properties rendering them unsafe or marginally habitable.
Section 3. It is hereby necessary to suspend local
ordinances, rules and regulations dealing with purchasing and
procurement.
Section 4. Suspension of ordinances, regulations and
procedures shall remain in effect until competent authority shall
declare the state of emergency terminated.
Section 5. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED on this the __ day of . , 19__
ATTEST: M A Y O R
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #~0.~.~.- MEETING OF FEBRUARY 11, 1992
RESOLUTION NO. 22-92/EMERGENCY MANAGEMENT
DATE: FEBRUARY 6, 1992
This item is ancillary to Ordinance ~No. 7-92 relating to
Emergency Management in that it provides for the approval of a
standard proclamation to declare a state of emergency and the
eight standard resolutions to confirm a state of emergency and to
activate certain emergency plans for use when needed pursuant to
Chapter 95 of the Code of Ordinances, subject to such
modifications as may be required under the circumstances of the
emergency.
Recommend approval of Resolution No. 22-92.
ORDINANCE NO. 7-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "CIVIL
DEFENSE AND EMERGENCIES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING CHAPTER 95, "CIVIL DEFENSE AND
EMERGENCIES", AND BY ENACTING A NEW CHAPTER 95,
"EMERGENCY MANAGEMENT"; TO PROVIDE A FRAMEWORK FOR
DECLARATION OF EMERGENCIES, PROVIDING FOR
DEFINITIONS; APPLICABILITY OF PROVISIONS;
EMERGENCY MANAGEMENT STRUCTURE; POWERS, DUTIES AND
RESPONSIBILITIES; DECLARATION OF STATE OF
EMERGENCY; TERMINATION OF A STATE OF EMERGENCY;
POLICE EMERGENCIES; FIRE AND HAZARDOUS MATERIALS
EMERGENCIES; UTILITY EMERGENCIES; WEATHER
EMERGENCIES; SUSPENSION OF LOCAL BUILDING
REGULATIONS; CERTIFICATION OF EMERGENCY
CONDITIONS; AND PENALTIES; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the intent of the City Commission of the
City of Delray Beach, Florida, by enacting this legislation, to
provide the necessary organization, powers and authority to
enable the timely and effective use of all available City
resources to prepare for, respond to, and recover from
emergencies, natural and man-made, likely to affect the security,
safety or health of the City of Delray Beach and its residents;
and,
WHEREAS, it is the intent of the City Commission that
nothing contained within this ordinance shall relieve City
Departments of their normally assigned duties, responsibilities
and functions; and,
WHEREAS, it is the intention of the City Commission
that nothing contained within this ordinance shall be construed
as a delegation of authority to abridge or diminish the
legislative or administrative powers of the City Commission; and,
WHEREAS, it is the intention of the City Commission to
address all types of emergencies including, but not limited to,
the preservation of the public peace as defined within Florida
Statutes Section 870.041 et seq; and,
WHEREAS, the City Commission is authorized to create
emergency management plans, pursuant to Florida Statutes Chapter
252.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 95, "Civil Defense and
Emergencies", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby repealed in its
entirety.
Section 2. That a new Chapter 95, "Emergency
Management", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read as
follows:
Chapter 95 - "EMERGENCY MANAGEMENT"
95.01 Definitions
95.02 Applicability of Provisions
95.03 Emergency Management Structure
95.04 Powers, Duties and Responsibilities
95.05 Declaration of a State of Emergency
95.06 Termination of a State of Emergency
95.09 Police Emergencies
95.10 Fire and Hazardous Materials Emergencies
95.11 Utility Emergencies
95.12 Weather Emergencies
95.13 Suspension of Local Building Regulations
95.14 Certification of Emergency Conditions
95.99 Penalty
Section 95.01 Definitions.
As used in this Chapter:
(A) Emergency shall mean a condition which threatens
or adversely affects the public health, safety or
security and which is or threatens to be beyond
the control of those public and private agencies
normally responsible for the management of such a
condition, resulting from an act or imminent
threatened act of war, riot, terrorism, mob or
other acts of violence; from conflagration,
explosion, hazardous materials incident or
release; from a weather event such as a flood,
hurricane or tornado; from a disruption in the
City's utility system; or from any other cause.
(B) Normal Average Price shall mean the price at
retail for merchandise, goods or services at which
similar merchandise, goods or services were being
sold during the ninety (90) days i~mediately
preceding a declaration of public emergency.
Section 95.02 Applicability of Provisions.
All officers, employees, contractors, vendors, boards,
commissions, authorities and other agencies of'the City
are subject to the provisions of this chapter.
Section 95.03 Emergency Management Structure.
(A) The City Manager or his designee shall perform the
function of Director of Emergency Management and
shall implement, manage and report on all actions
authorized and taken under the provisions of this
chapter.
(B) The City Manager or his designee shall appoint a
Coordinator of Emergency Services whose duties
shall include the ongoing planning for and
coordination of those actions necessary for. the
creation and maintenance of an effective emergency
response capability to prepare for and manage
emergency conditions.
- 2 - Ord. No. 7-92
Section 95.04 Powers, Duties and Responsibilities.
(A) The City Manager, or Acting City Manager, when
acting as the Director of Emergency Management,
shall have the following powers, duties and
responsibilities:
(1) To declare or recommend a declaration of
emergency pursuant to Section 95.05. To
inform the Mayor and Vice Mayor and the City
Commission of the reasons for and status of
events requiring the declaration.
(2) To direct the creation, revision and the
exercise of emergency response plans
conforming to state and county emergency
plans for the mitigation of, preparation for,
response to, and recovery from emergencies;
and to exercise all powers permitted by
Florida Statutes Chapter 252.
(3) To assist the efforts of the Coordinator of
Emergency Services in preparation for,
response to, and recovery from, emergency
conditions;
(4) To recommend a budget to the City Commission
for the creation and maintenance of an
emergency response capability as provided
herein.
(5) To promulgate emergency regulations necessary
for the protection of life and property,
establishment of public order, and control of
adverse conditions affecting public welfare
resulting from an emergency, to the City
Commission.
(B) The Coordinator of Emergency Services shall have
the following responsibilities and dutie§:
(1) To supervise the development and maintenance
of City emergency plans, including annual
updates;
(2) To plan for and develop an emergency
operations control center to include
equipment, manning, and operational
procedures necessary to the management and
control of emergency conditions;
(3) To develop and manage the City's emergency
awareness public information program.
(4) To prepare and submit an annual operating
budget to the City Manager related to
Emergency Management Activities, preparations
and training.
- 3 - Ord. No. 7-92
Section 95.05 Declaration of a State of Emergency.
(A) The Mayor, Vice Mayor, City Manager, or the Acting
City Manager, in the order named, shall have the
authority to declare a state of emergency. Upon
the absence or unavailability of the Mayor, the
Vice Mayor may issue such a declaration, and upon
the absence or unavailability of Mayor and the
Vice Mayor, the City Manager may issue such
declaration, or upon the absence or unavailability
of the City Manager, the Acting City Manager may
issue such a declaration.
(B) Any declaration of a state of emergency and all
emergency regulations activated under the
provisions of this chapter shall be confirmed by
the City Commission by resolution no later than at
the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission
extremely impractical. Confirmation of the
emergency declaration shall disclose the reasons
for, anticipated impacts of, actions proposed and
taken to manage the emergency, and other pertinent
data relating to the emergency requiring the
declaration.
(C) Emergency resolutions authorized by this chapter
shall include, but are not limited to, the
following subjects:
Resolution Subject
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; 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
- 4 - Ord. No. 7-92
(D) 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 Florida Statutes, Section 870.044, if the
emergency relates to overt acts of violence or the
imminent threat of such violence.
(E) A state of emergency, when declared as provided
herein, shall continue in effect from day to day
until declared to be terminated; however, provided
that a state of emergency declared pursuant to
Florida Statutes 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 (72) hour period
the public official or City official declaring the
emergency shall have terminated such state of
emergency. An extension of the seventy-two (72)
hour time limit must be accomplished by a request
from the public official and the concurrence of
the City Commission, by duly enacted resolution.
(F) Upon the declaration of a state of emergency, the
City Manager shall post a written notice of such
declaration upon the main bulletin board in City
Hall, and shall, as promptly as practicable, file
in the office of the City Clerk a notice of a
declared state of emergency, or emergency measure
declared or ordered and promulgated by virtue of
Florida Statutes Section 870.041 et seq. The City
Manager shall notify the local media by telephone,
if practicable. When practicable, the City
Manager shall also cause written notice to be
published, in its entirety, at least three (3)
days each week, in the newspaper of general
circulation in the City until the state of
emergency is declared to be terminated.
Section 95.06 Termination of a State of Emergency.
A state of emergency shall be terminated 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 that a state of emergency
established under Florida Statutes 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 (72) hour period, the public
official calling for a declaration of emergency or the
City Commission have terminated such state of
emergency. Any extension of the seventy-two (72) hour
time limit must be accomplished by a request from the
public official and concurrence of the City Commission
by duly enacted resolution. Notice of termination of
the emergency declaration shall be made to the public
by the City Manager by the same means as the notice of
the declaration of the state of emergency.
- 5 - Ord. No. 7-92
Section 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 issue.
(B) Declaration of a public emergency because of civil
unrest or imminent threat to public peace or
order, shall authorize the issuance of emergency
resolutions A, B, C, D and H, and other
appropriate resolutions, as may be required and
may, if applicable, require automatic emergency
measures pursuant to Florida Statutes Section
870.044 et seq. In addition, additional
discretionary emergency measures pursuant to
Florida Statutes 870.045 may be issued.
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 spill or release,
building or bridge collapse, or plane, train, or
other vehicle accident, 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
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.
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Section 95.11 Utility Emergencies.
(A) A public emergency may be' declared because of
utility conditions when the Director of
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,
(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 issue.
(B) Declaration of a public emergency because of
utility conditions shall authorize the issuance of
emergency resolutions A, B, E and H, and other
appropriate resolutions, as may be required.
Section 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, tornados, 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 issue.
- 7 - Ord. No. 7-92
(B) Declaration of a public emergency because of
weather conditions shall authorize the issuance of
emergency resolutions A through H, and other
appropriate resolutions, as may be required.
Section 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 95.05(B).
Section 95.14 Certification of Emergency Conditions.
A certification of emergency conditions to the City
Manager may be verbal, but each verbal certification
shall be confirmed in writing within twenty-four (24)
hours following an emergency declaration.
Section 95.99 Penalty.
Any person, firm or corporation who violates any
provision of this chapter for which another penalty is
not specifically provided shall, upon conviction, be
subject to a fine not exceeding $500, or imprisonment
for a term not exceeding ninety (90) days, or both.
Each day a new violation shall continue to exist shall
constitute a separate offense.
Section 3. 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 4. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 8 - Ord. No. 7-92
PASSED AND ADOPTED in regular session on second and
final reading on this the llth day of February , 1992.
ATTEST:
J City C/lerk '
First Reading January 21, 1992
Second Reading February 11, 1992
- 9 - Ord. No. 7-92