2010-O-20ORDINANCE NO. 2010-0-20
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING AND RESTATING CHAPTER 8
(CIVIL DEFENSE AND DISASTER PREPAREDNESS) TO
CHAPTER 8 (COMPREHENSIVE EMERGENCY
MANAGEMENT PLAN AND DISASTER PREPAREDNESS)
IN ITS ENTIRETY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Chapter 8 (Civil Defense and Disaster Preparedness) has not been modified since
1981 and is being repealed and restated to clarify and designate powers and duties with regard to
emergencies and disasters.
2. Restatement of Chapter 8 will now be known as "Comprehensive Emergency
Management Plan and Disaster Preparedness".
4. Emergency management, disaster preparedness, and the public health, safety and
welfare of our citizens is a legitimate concern of the City of Edgewater.
5. A comprehensive emergency management plan shall be maintained as a separate
document that approved and adopted by resolution of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. REPEAL AND RESTATE CHAPTER 8 (CIVIL DEFENSE
AND DISASTER PREPAREDNESS) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 8 (Civil Defense and Disaster Preparedness) is hereby repealed and
restated to read as follows:
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Chapter 8 (Comprehensive Emergency Management Plan and Disaster
Preparedness), Code of Ordinances, City of Edgewater, Florida is hereby repealed
and restated in its entirety as set forth in Exhibit "A", which is attached hereto
and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word `ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on September 13, 2010, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
AYE NAY
X
X
X
ABSENT
Councilman Ted Cooper X
After Motion to approve by and Second by 00U L , . Co,the
vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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AYE NAY
-ice
x
x-
PASSED AND DULY ADOPTED this 27th day of September, 2010.
ATTEST: CITwayor
COCORIDA
BBonnie Wenzel City Clerk
�1Y 1ir I i3L� Ifs .
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to foam and Edgewater at a meeting held on this 27th day
legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Item No.
City Attorney 80.
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
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EXHIBIT "A"
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Sees. 8 10 819. Rese.. ed
Sea 8 20. Definit4oQTefinit4ons
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suoeesse�, following m �oFgono5� disasteF, oF enemy atteask. No ethef eatis of offing shall be
CHAPTERS. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND
DISASTER PREPAREDNESS
Sec. 8-1. Purpose and declaration of policy.
This article is enacted to clarify and designate powers and duties with regard to
emergencies and disasters. It is intended to grant as broad a power as permitted by statutory and
constitutional authority.
Sec. 8-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Average retail price. The average price at which similar merchandise, services, rentals or
lodging were being_ sold or rented during the thirty (30) days immediately preceding the
declaration of a local emergency.
Civil emergency. Any condition of unrest, riot, civil disobedience, affray, unlawful
assembly, hostile military or pumilitary action war terrorism sabotage, or any similar
condition.
Comprehensive emerrencv management plan. The plan adopted by the city council for
the effective administration of emergency and disaster preparation, response, management and
recovery.
Consumer rood. Any service, article, product, merchandise or commodity of any kind or
class, which is customarily produced or distributed for sale or rental at retail or provided for
consumption by or the use or benefit of individuals, including but not limited to foods, water, ice,
clothing, lumber, hardware, chainsaws, generators, and home improvement materials: fuel
products: and repairs, services, rentals or lodging.
Disaster. Whether natural or manmade, shall mean hurricane, flood, fire, tomado,
earthquake, severe high or low temperatures, water contamination or pollution, land
contamination or pollution, air pollution, landslide, mudslide, building or structural collapse,
high water table, pandemic disease, epidemic, blight, drought, severe energv shortages,
windstorm, hazardous substance spills or releases, radiation releases or exposures, infestation,
explosions, sabotage, mass transportation accidents, public health emergencies, or any similar
emergency.
Emergency. Any imminent threat or occurrence of a disaster, civil emergency or utility
emergency that adversely affects the public health, safety or security affecting the city and its
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Enforcement official Any police or law enforcement officer, any code compliance
official, any fire department personnel. or Division of Emergency Management and any other
appropriate municipal official.
Fuel product Home heating oil, kerosene, propane, natural gas, diesel fuel, methanol,
aviation fuel, bio-fuels and gasoline.
Utility emergency. Shall mean conditions which endanger or threaten to endane!'�the
safety, potabilityavailability, transmission distribution, treatment or storage of water, natural
gas, pas, fuel- electricity, communication, ar�ba e�sewage, or any similar condition.
See. 8-3. Adoption of plan.
A comprehensive emergency managementplan for the City of Edgewater shall be
adopted by the City Council by resolution and be maintained as a separate document. The City
Manager shall prepare and present to the City Council for approval the comprehensive
emergency management plan and such on -going changes, amendments and revisions thereto
necessary for its effective administration.
See. 8-4. Declaration, extension and termination of a state of local emergency: deleeation
of authority to declare, extend and terminate a state of local emergency.
(1) The City Council has the power to declare a state of local emergency activating �e
(2) In the absence of a quorum of the City Council. Tthe Mayor, Vice Mayor, City
Manager, or the Acting City Manager in his/her absence, in the order named, based
on availability, shall have the authority to declare a state of emergency.
(3)
the nature of the emergency renders a meeting of the city council extremely
i, mmactical.
(4) Emergency resolutions authorized by this Chapter shall include, but are not limited to,
the following subjects:
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TABLE INSET:
Resolution
Subject
A
Evacuation
B
Curfews: declamtion 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 (larrrmables 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
l
-
Authorizing the Suspension of Certain City Codes, Rules
and Regulations Relating to Temporary Housing
(5) Upon declaration of a state of local emergency and during the existence of a declared
enumerated powers to:
a) 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.
b) Waive the
Procedures and formalities otherwise required
of the city by law or
ordinance pertaining
to:
(1)
Performance of public work and taking
whatever
prudent action is
necessary to ensure the health, safety, and welfare of the community:
(2)
Entering into contracts:
(3)
Incurring obligations;
(4)
Employment of Permanent and temporary
workers;
(5)
Utilization of volunteer workers;
(6)
Rental of equipment;
(7)
Acquisition and distribution, with or
without
compensation, of
supplies,
materials, and facilities;
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(8) Appropriation and expenditure of public funds.
c)
d) 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;
e) Prohibit any person, firm, or corporation from using the fresh water supplied by
the city for any purpose other than cooking, drinking or bathing;
f) 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;
g) Prohibit or regulate the participation in or carrying on of any business activity,
Mayor or designated public official and must be for the purpose of assisting with
disaster Preparedness, response or recovery:
h) Regulate the use of and ration fuel, ice and other essentials;
i) 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;
j) Suspend local building regulations as necessary during the existence of a public
emergency;
k) Prohibit the sale of merchandise, goods or services at more than the average retail
price;
The restrictions referenced in sections (c) through (e) 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
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(5) A declaration of a State of Emergency shall activate the emergency plans avolicable
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.
(6) 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 sea. shall commence upon the
declaration thereof and shall terminate at the end of a period of seven (7) consecutive
a declaration of extension of the state of emergency by the Mayor or designated City
official.
Sec. 8-5. Termination of a State of Emergency.
A State of Emergency 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 Council, at the earliest convenience, or upon the certification of the person who originally
established under F.S. Section 870.041 et seq. shall temtinate at the end of a period of seven (7)
consecutive days after the declaration of the emereencv, unless, prior to the end of the sevmty-
Sec. 8-6. City manager to act as Director of Emergency Management.
Pursuant to the Comprehensive Emergency Management Plan, the City Manager shall act
as the Director of Emergency Management with all of the authority of that position either
coordination of those actions necessary for the creation and maintenance of an effective
emergency response capability to prepare for and manage emergency conditions.
Sec. 8-7. Powers and duties of Director of Emergency Management.
The powers and duties of the director of emergency management shall include, but aze
not limited to, all of the following emergency measures:
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(1) Direct pre -emergency and emergency response activities by city departments and
such emergency services personnel as the director of emergency management may
designate or appoint.
(2) Execute contracts and purchase or lease goods and services for emergency
protection construction or repair of public improvements and property to the extent
allowed by law.
(3) Lease real property or stmctures necessary for the continued operation of city
government and essential services provided by the City.
(4) Recommend the suspension of or limit the sale, dispensing or transportation of
alcoholic beverages, firearms, explosives and combustibles.
(5) Recommend the establishment of curfews, including but not limited to, prohibition
emergency medical services and hospital services, including the transportation of
patients and emergency calls by physicians.
(6) Identify and recommend the declaring of certain areas off limits.
(7) Make provisions for availability and use of temporary emergency housing and
emergency warehousing of materials and equipment.
(8) Establish and operate emergency operation centers and shelters as necessary.
(9) Recommend the declaring that it shall be unlawful for any person to use the fresh
water supplied by the City of Edgewater for any purpose other than cooking,
drinking or bathing.
(10) Request assistance from other governmental agencies as necessary for mitigation of
the emergency or disaster.
(11) Coordinate with federal, state and other governmental agencies as may be necessary
to plan and implement a ioint iurisdiction emergency planning and disaster services
Wan and mutual aid arrangement.
(12) Coordinate the City Comprehensive Emergency Management Plan with the county
emergency management agency pursuant to F.S. Chapter 252. Comply with all laws,
mles, and requirements applicable to county emergency management agencies.
Coordinate requests for state or federal emergency response assistance with the
County of Volusia.
(13) Consult with the City Attomey in the planning and exercise of emergency powers.
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(14) Recommend for adoption by the City Council mutual aid plans and agreements.
(15) Direct emergency training activities.
(16) Maintain a liaison with other municipal, state, regional and federal emergency
management agencies.
(17) In consultation with the City Attorney- prepare all necessary emergency declarations,
orders and rules and contracts or agreements.
(18) Act m, or appoint, a media contact person during the state of local emer=cv.
(19) Utilize those powers enumemted in F.S. Chapter 252.
(20) Delegate responsibilities as necessary to members of the recovery operations
management team.
(21) As necessary during and following any period of a declared State of Emergency,
enter onto roadways in private or gated communities or on private property for
collection and removal of event -generated debris located in the rights -of -way and/or
utility easements or on private property when it is determined on a case -by -case
basis that the removal of such debris from private property may be in the public
interest when it is required to eliminate or lessen an immediate threat to life, public
health and safety, to reduce a threat of additional damage to improved property, or to
promote economic recovery of the community at large, subject to the section 8-13
below, on debris and hazard removal
(22) Assume other emergency responsibilities as assigned by the City Council
Sec. 8-8. Operational organization.
The emergency management services organization of the city, which includes but is not
limited to: Emergency Operation Center Management Group, Emergency Preparedness Task
Force, Emergency Response Team and the Lone Term Disaster Recovery Team shall consist of
municipal officers and employees who may be designated by the Director of Emergency
Management volunteer workers and paid non -city workers deemed necessary by the Director of
Emergency Management to accomplish emergency management planning and response goals
Sec. 8-9. Police Emergencies.
requires extraordinary measures for control, including, but not limited to curfew:
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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 8-4(2) regarding the need to declare a state of emergency.
Pursuant to Section 8-4, a declaration of emergency may then be issued.
emergency measures pursuant to F.S. Section 870.44 et sea In addition, additional
discretionary emergency measures pursuant to F.S. Section 870.045 may be issued.
Sec. 8-10. Fire and Hazardous Materials Emergencies.
Department chain of command, certifies to the City Manager or designee that an actual or
unreasonable risk to health, safety and property, which requires extraordinary measures
of emergency may then be issued.
(2) Declaration of a public emergency because of fire, chemical, radiological or
biological and hazardous material emergency shall authorize the City Manager or other
designated official to exercise the powers provided in Section 8-4.
Sec. 8-11. Utility Emergencies.
(1) A public emergency maybe 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 that
(a) A condition exists or is imminent that endangers the safety, notability,
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
(b) A condition exists or is imminent that endangers the safety, quality, quantity,
availability, transmission. distribution, or storage of gas through or within the
gas utility system provided throughout the City; and
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(c) 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.
(2) The City Manager shall report said certification to the officials, in the order named in
Section 8-4(2) regarding the need to declare a state of emergency. Pursuant to Section 8-
4, a declaration of emergency may then be issued.
(3) Declaration of a public emergency because of utility conditions shall authorize the
exercise of emergency powers provided in Section 8-4.
Sec. 8-12. Weather Emergencies.
(1) A public emergency may be declared because of weather conditions when the
National Weather Service or a State, County or local emergency management agency
conditions and the results may be considered to be hazardous or harmful to the
community. The City Manager shall request a declaration of a state of emergency from
the officials in the order named in Section 8-4(2). Pursuant to Section 8-4, a declaration
of emergency may then be issued.
(2) Declaration of a public emergency because of weather conditions shall authorize the
exercise of emergency powers provided in Section 8-4.
Sec. 8-13. Debris and hazard removal.
A declaration of local emergency under this chapter shall implement the process by
which the City of Edgewater assumes responsibility during and following any period of a
declared state of local emergency to enter onto roadways in private or gated communities or on
private property for collection and removal of event -generated debris located in the rights -of -way
and/or utility easements or on private property when it is determined on a case -by -case basis by
the Director of Emergency Management that the removal of such debris from private property
may be in the public interest when it is required to eliminate or lessen an immediate threat to life,
public health and safety, to reduce a threat of additional damage to improved property, or to
promote economic recovery of the community at large. Prior to such entry, the owner(s) of said
debris under this section. If the owners or authorized representative(s) of private property cannot
be immediately contacted in order to obtain a written agreement for entry, the City shall
complete the minimal task required on the private property in order to correct any immediate
threat to life, public health and safety.
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Sec. 8-14. Suspension of Local Building Reeulations.
The 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 that such action is necessary for the expeditious restoration of property damaged by the
need to susoend local building regulations to the officials in the order named in Section 8-4(2)
The City Council shall confirm the suspension pursuant to Section 8-4.
Sec. 8-15. 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.
Sec. 8-16. Prohibition on Price Goueine.
(1) Upon declaration of an emergency pursuant to Section 8-4, and during the duration
of such emergency, it shall be prima facie evidence that an unlawful method of
at which the same or similar consumer good was readily obtainable in the City of
and the average price at which that commodity or dwelling unit or self -storage facility
was rented, leased, sold, or offered for rent or sale in the usual course of business during
the thirty (30) days immediately prior to a declaration of a State of Emergency, and the
increase in the amount charged is not attributable to additional costs incurred in
connection with the rental or sale of the commodity or rental or lease of any dwelling unit
or self -storage facility. or national or international market trends: or for a person or his
that is necessary for consumption or use m a direct result of the emergency.
(2) This Section does not prevent the seller of consumer goods from charging an amount
in excess of the average retail price if such higher price is the direct result of, and limited
to, any increased costs due to the transportation of the consumer good during the State of
Emergency or any increased cost for the consumer goods from the manufacturer,
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distributor or wholesaler to the seller. In such instances, only the actual cost increase per
item from the manufacturer, distributor or wholesaler can be added to the average retail
once.
(3) A price increase approved by an appropriate government agency shall not be in
violation of this ordinance.
Sec. 8-17. Portable Generators.
(1) The use and operation of a portable auxiliary electrical generator is prohibited within
or on the following areas:
(a) Within five (5) feet of any opening (includes, but is not limited to, doors and
windows) into a building or structure:
(b) Within garages, enclosed or partially enclosed areas, or under eaves or other
overhangs;
(c) On roofs or roof areas, balconies, ingress/egress areas and discharge ways,
including but not limited to walkways, stairways and stairwells.
Sec. 8-18. Penalty for violation of emergency declaration, order or rule.
Any violation of an emergency declaration, order or rule issued pursuant to F S Chanter
252 shall be punishable as provided in F.S. Chanter 252.
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