§ 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 availability, shall have the authority to declare a state of emergency.

(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Any declaration of a state of emergency and all emergency regulations activated or rescinded under the provisions of this Chapter shall be confirmed by the City Commission no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical.

(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 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

 

(D)

Upon declaration of a state of local emergency and during the existence of a declared state of local emergency, the Mayor or designated city official, in addition to any other powers conferred upon the Mayor or designated city official by F.S. Chapter 252, F.S. Chapter 870, or other law, has the power and authority 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 City if the Mayor or designated city 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 city by law or ordinance pertaining to:

(a)

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;

(b)

Entering into contracts;

(c)

Incurring obligations;

(d)

Employment of permanent and temporary workers;

(e)

Utilization of volunteer workers;

(f)

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 city 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 city for any purpose other than cooking, drinking or bathing;

(6)

Prohibit the sale or distribution of any alcoholic beverages, ammunition, 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 activity, and prohibit or regulate the keeping open of place 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, vigil or participation therein from taking place on any of the public rights-of-way or upon any public property;

(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-duty employees of hospitals and other medical facilities, on-duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, City 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 necessary to preserve safety, health and welfare needs of the people within the City.

(E)

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.

(F)

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 declaration of extension of the state of emergency by the Mayor or designated City official.

(Ord. No. 7-92, passed 2/11/92; Ord. No. 12-05, § 1, passed 4/5/05)