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868,I , 1 ORDINANCE NO. 8'68 AN ORDINANCE AMENDING THE CODE OF ORDINANCE BY ADDING A SECTION ENTITLED "CIVIL DEFENSE" WHICH PROVIDES FOR THE OFFICE OF CIVIL DEFENSE COORDINATOR, PROVIDES FOR DEFINITION OF TERMS; PROVIDES FOR ORGANIZATION OF THE OFFICE OF CIVIL DEFENSE AND APPOINTMENTS OF PERSONS TO THAT ORGANIZATION: PROVIDES NECESSARY EMERGENCY POWERS; PROVIDES FOR A CITY DISASTER PLAN; PROVIDES FOR THE ESTABLISHMENT OF A PRIMARY AND A SECONDARY EMERGENCY OPERATING CENTER; PROVIDES GENERAL RULES AND ADMINISTRATIVE REGULATION; PROVIDES FOR REPEAL OF ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT; PROVIDES AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: I That the Code of Ordinances of the City of Edgewater, Florida is, hereby Amended by adding a section, which reads as follows: CIVIL DEFENSE SECTION 1. SHORT TITLE (A) This Ordinance shall be known and may be cited and referred to as the "Civil Defense Ordinance of the City of Edgewater, Florida". SECTION 2. INTENT AND PURPOSE (A) It is the intent and purpose of this Ordinance to establish an office that will insure the complete and efficient utilization of all the City's facilities and resources to combat threatened or actual disasters whether manmade, resulting from natural phenonenon, or from enemy actions or any other disasters or emergencies as defined herein. (B) The City of Edgewater Office of Civil Defense will be the Coordinating agency for all activity in connection with Civil Defense; it will be the instrument through which the City Council and the Mayor may exercise the authority and discharge the responsibilities vested in them in Chapter 252 of the State of Florida Statutes, and amended as the current Executive Order of % q / the Governor, State of Florida, be included in the Charter of the City of Edgewater, and this Ordinance. (C) This Ordinance will not relieve any City Department of the moral responsibilities of Authority given to It in the City Charter or by Local Ordinance, nor will it adversely affect the work of any Volunteer Agency organized for the relief in disaster emergencies. SECTION 3. DEFINITIONS (A) The following definitions shall apply in the interpretation of this Ordinance: 1 - CIVIL DEFENSE - "Civil Defense" in its broad meaning is to carry out the basic government functions of maintaining the public peace, health and safety during an emergency. This shall include the formulation of plans and preparation for protection from, and relief, recovery and rehabilitation from, the effects of a disaster as defined herein and shall also include the effects of an attack on the City by the forces of an enemy nation or the agents thereof. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States. 2 - DISASTER - "Disaster" includes but is not limited to actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threatening to endanger health, life or property or constituted government. 3 - ATTACK - "Attack" shall mean a direct or indirect assault against the City of Edgewater, its government, its environs, or of the nation, by the forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or biological warfare, or sabotage. 4 - CIVIL DEFENSE FORCE - "Civil Defense Force" shall mean the employees, equipment and facilities of all city departments, boards, institutions and commissions; and, in addition, it shall include all volunteer -2- personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies. 5 - VOLUNTEER - "Volunteer" shall mean contributing a service, equipment or facilities to the civil defense without remuneration. 6 - CIVIL DEFENSE VOLUNTEER - "Civil Defense Volunteer"shall mean any person duly requested, identified and appointed by the coordinator of the Office of Civil Defense and assigned to participate in the civil defense activity. 7 - DIRECTOR - "Director' shall mean the Mayor of his designated, and duly appointed alternate. 8 - COORDINATOR - "Coordinator' shall mean the coordinator of the City of Edgewater, Florida, Office of Civil Defense, appointed as prescribed in this Ordinance. 9 - REGULATIONS - "Regulations" shall include plans, programs and any other emergency procedures deemed essential to civil defense as promulgated by legally constituted authority. SECTION 4. ORGANIZATION AND APPOINTMENTS (A) The Mayor is hereby authorized and directed to create an organization for civil defense utilizing to the fullest extent the existing agencies within the City. The Mayor shall be the Director of the civil defense forces of the city and shall be responsible for their organization, administration and operations. (B) The organization shall consist of the following: 1 - An office of Civil Defense within the Executive Department of the City Government, and under the direction of the Mayor. There shall be an Executive Head of the Office of Civil Defense, and such assistants and other employees as are deemed necessary for the proper functioning or the organization. On some occasions the coordinator may be referred to as the Director, Office of the Civil Defense. 2 - The employees, equipment and facilities of all City Departments, -3- boards, institutions and commissions will participate in the civil defense activity. Duties assigned to a City Department shall be the same or similar to the normal duties of the department. 3 - Volunteer persons and agencies offering service to, and accepted by, the City. (C) The Civil Defense Director (Mayor) shall appoint a coordinator of the City of Edgewater, Florida, Office of Civil Defense who shall be a person well versed and trained in planning operation involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from disaster or attack as defined in this Ordinance. (D) The Civil Defense Director shall designate and appoint Deputy Directors to assume the emergency duties of the Director in event of his absence or inability to act. SECTION 5. EMERGENCY POWERS AND DUTIES (A) The Mayor (Civil Defense Director) 1 - The Civil Defense Director may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined in the City Charter. The judgment of the Civil Defense Director shall be the sole criteria necessary to invoke emergency powers provided in the City Charter, the Ordinance Code and other appropriate authorities. The City Council may convene to perform its legislative and administrative powers as the situation demands, and shall receive reports relative to Civil Defense activities. Nothing in this Ordinance shall be construed as abridging or curtailing the powers or restrictions of the City Council as defined in the City Charter. 2 - During any period when disaster threatens or when the City has been struck by disaster, within the definitions of this Ordinance, the Mayor may promulgate such regulations as he deems necessary to protect life and -4- property and preserving critical resources. Such regulations may include, but shall not be limited to the following: (a) Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of Civil Defense Forces or to facilitate the mass movement of persons from critical areas within or without the City. (b) Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (c) Such regulation necessary to preserve public peace, health and safety or to conserve petroleum products, food, medical supplies, hardware and equipment and any other commodity or resource required to combat the emergency or to aid in the restoration of normalcy. (d) Regulations promulgated in accordance with the authority alone will be given widespread circulation by proclamations published and uttered by newspaper and radio. These regulatiorewill have the force of Ordinance when duly filed with the City Clerk and violations will be subject to the penalties provided in the City Charter. 3 - The Civil Defense. Director shall order civil defense forces to the aid of other communities when required in accordance with mutual aid agreements or applicable State Statutes, and he may require, through. Volusfa County Civil Defense additional aid (to the City of Edgewater) in case of disaster when conditions in the City of Edgewater are beyond the control of the local Civil Defense Forces. 4 - The Civil Defense Director may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people, and bind the City for the fair value thereof. 5 - The Civil Director may require emergency services of any City officer or employees. If regular City forces are determined inadequate, the Director may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities -5- as are provided by State Statute, the City Charter and Ordinances for regular City employees and other registered and identified Civil Defense and disaster workers and upon demand, may receive appropriate compensation for their emergency employment. 6 - The Civil Defense Iirector will cause to be prepared the Basic Plan herein referred to and to exercise his ordinary powers as Mayor, all the special powers conferred upon him by the City Charter and the Ordinance Code of the City of Edgewater, Florida, all powers conferred upon him by a statute, or any other lawful authority. (B) COORDINATOR OF THE OFFICE OF CIVIL DEFENSE 1 - The Coordinator of the Office of Civil Defense shall be responsible to the Director in regard to all phases of the Civil Defense activity. Under the supervision of the Director, he shall be responsible for the planning, coordination and operation of the civil defense activity in the City. Under the supervision of the Director, he shall maintain liaison with the state and federal authorities and the authorities of other nearby political subdivisions through normal administrative channels so as to insure the most effective operation of the civil defense plan. His duties shall include, but not be limited to, the following: (a) Development and coordination of plans for the immediate use of all the facilities, equipment, manpower and other resources of the City for the purpose of minimizing or preventing damage to persons or property; and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare. (b) Coordination the recruitment of volunteer personnel and agencies to augment the personnel of the City for civil defense. purpose. (c) Negotiating and concluding agreements with owners or persons In control of buildings or other property for the use of such buildings or other property for civil defense purposes and designating suitable buildings as public shelters. -6- (d) Coordinating the activity of all other public and private agencies engaged in any civil defense activity. (a) Through public informational program, educating the civilian population as to actions necessary and require for the protection of their persons or property in the event of disaster or attack, as defined herein, either impending or present. (f) Conducting public practice alerts to insure the efficient operation of the civil defense forces and to familiarize residents with civil defense regulations, procedures and operations. (g) Assuming such authority and conducting such activity as the Director may direct to promote and execute the civil defense plan. SECTION 6. CIVIL DEFENSE AND DISASTER BASIC PAIN (A) A comprehensive civil defense and disaster Basic Plan shall be adopted and maintained by resolution of the City Councilmen upon the recommendations of the Mayor. In the preparation of this plan as it pertains to City Organization, it is the intent that the services, equipment, facilities and personnel of all existing departments, agencies, boards and councilmen shall he utilized to the fullest extent. When approved, it shall be the duty of all Municipal departments, agencies, boards and councilmen to perform this function assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The basic plan shall be considered supplementary to this section and have the effect of law whenever a disaster or attack, as defined herein, has been proclaimed. (B) The Director shall prescribe in the Basic Plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Director a current list of three (3) persons as successors to his position. The list will be in order of succession and will as nearly as possible designate persons by joint title best capable of carrying out all assigned duties and functions. -7- (C) Each service chief and department head assigned responsibility in the Basic Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned city employees and volunteers. Each Chief shall formulate the operational plan for his service which, when approved, shall be an annex to and a part of the Basic Plan. (D) Amendments to the Basic Plan shall be submitted to the Mayor. If approved, the Mayor (Director) will submit amendments to the City Councilmen with his recommendations for approval. Such amendments shall take effect thirty (30) days from the date of adoption by the City Councilmen. In the event an amendment is pending at the time that a disaster is proclaimed under provisions of this Section, the amendment will be considered approved immediately and will remain effective unless specifically revoked by the Councilmen. (E) When a required competency or skill for a disaster function is not available within the City Government, the Director is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority to the persons so assigned to carry out such duties prior to, during, and after the occurrence of disaster. Such services from persons outside of government may be accepted by the City on a volunteer basis. Such citizens shall be enrolled as civil defense volunteers in cooperation with the heads of City Departments affected. (F) Some of the duties ascribed to the Director in this Section will ordinarily be handled as a matter of routine by the Coordinator, but the responsibility and authority accrue from and remain with the Director. SECTION 7. (A) In accordance with Chapter 252, Florida Statutes, Section 252.09, the City of Edgewater hereby establishes the City Hall of the City of Edgewater, Florida as the primary emergency operating center and the fire station of the City of Edgewater, Florida as the secondary emergency operating center. -8- SECTION 8. NO MUNICIPAL OR PRIVATE LIABILITY (A) This Ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety, and neither the City nor agents or representatives of said City of any individual or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgate pursuant to the provisions of this Ordinance shall be liable for any damage sustained to persons or property as the result of said activity. (B) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the City the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice disaster or enemy attack shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission, or for loss or damage to, the property of such person. SECTION 9. VIOLATION OF REGULATIONS It shall be unlawful for any person to violate any of the provisions of this Ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the civil defense organization as herein defined in the enforcement of the provisions of this Ordinance or any regulation or plan issued thereunder. SECTION 10. PENALTY Any person, firm or corporation violating any provision of this Ordinance, or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punished by fine of not more than five :hundred ($500) dollars, and cost of prosecution, or imprisonment in jail for a period of not more than sixty (60) days, or both such fine and imprisonment, at the discretion of the Court. No SECTION 11. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. SECTION 12. That this Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor at second reading. SECTION 13. The City Clerk is hereby directed to advertise this Ordinance as required by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a ragiil ar meeting of said Council held on the 21 st day of January A.D., 1974, roll call vote being as follows: ATTEST: l FIRST READING Approved this 1Sth day of February A,D., 1974. ayor -10-