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81-O-27ORDINANCE NO.__2L-Q -.2 7 AN ORDINANCE SETTING FORTH THE CIVIL DEFENSE AND DISASTER PREPAREDNESS AMENDMENTS OF 1981; PROVIDING"fOR REVISION OF OCHAPTER 8 OF THE EDGEWATER CODE OF ORDINANCES IN THE FOL- LOWING SECTIONS: AMENDING SECTION 8-2 TO AUTHORIZE THE CITY COUNCIL TO APPOINT NRECTOR OF CIVIL DEFENSE AND AUTHORIZING THE DIRECTOR IRECTALABYI THECI N APPOINT COORDINATOR OF THE T 8-3 TO ESTABLISH AN ORGANIZATION FOR CIVIL DEFENSE UNDER THE AUTHORITY OF THE CITY COUNCIL AND THE DIRECTOR RATHER THAN THE MAYOR; AMENDING SECTION 8-4 TO VEST AUTHORITY FOR CIVIL DEFENSE WITH THE DIRECTOR RATHER THAN THE MAYOR; AMENDING SECTION 8-6 TO AUTHORIZE THE DIRECTOR TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING CIVIL DEFENSE RATHER THAN THE MAYOR; REPEALING ALL ORDINANCES OR PARTS OF ,. ORDINANCES IN CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE THE ORDINANCE ACCORDING TO LAW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida is desirous to to implement a plan authorized under Chapter 252, Florida Statutes to vest temporary emergency authority in the office of a Director of Civil- Defense, and WHEREAS, this Ordinance is a valid exercise of police and emergency powers under the Charter of the City of Edgewater, NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA, SECTION 1. That this Ordinance may be cited as the Civil Defense and Disaster Preparedness Amendments of 1981. SECTION 2. PURPOSE. The purpose of these amendments is to exercise police and emergency powers vested in the City under the Charter and Chapter 252, Florida Statutes, to appoint a Director of Civil Defense who shall be duly qualified to act under Chapter 8 of the Edgewater Code of Ordinances. SECTION 3• That the following subsections of Section 8-1 of the Edgewater Code of Ordinances are hereby amended to read: Coordinator: The coordinator of the City in the office of Civil Defense who shall be appointed by the Director subject to the approval of the City Council. Director: The Director of Civil Defense as used within this Chapter shall be an individual appointed by the City Council who shall head the organization for Civil Defense. Director shall also mean that person designa Cbd by him and duly appointed as alternate. SECTION 4. That Section B-3 of the Edgewater Code of Ordinances is hereby amended to read: Sec. 8-3 Civil Defense Organization (a) The City Council shall create an organization for Civil Defense utilizing to the fullest extent the existing agencies within the City. The City Council shall appoint a Director of Civil Defense forces of the City and shall be responsible for their organization, administration and operations, and who shall not be the Mayor nor any member of the City Council. (b) The organization shall consist of the following: (1) An office of Civil Defense within the executive department of the City government, responsible to the City Manager. There shall be a Director of the office of Civil Defense, and such assistants and other employees as are deemed neces- sary for the proper functioning of 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 depart- ments, 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, as they are normally responsible to the City Manager. (3) Volunteer persons and agencies offering service to, and accepted by, the City. (c) The Civil Defense Director shall appoint a Coordinator of the City, office of the Civil Defense, who shall be a person well versed and trained in planning operations 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 Chapter. 40 g/_o- A -2- 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. That Section 8-4 Edgewater Code of Ordinances in subsections (a), (b), and (f) thereof, are hereby amended to read: Section 8-4 Emergency Powers and Duties -Civil Defense Director (a) The Civil Defense Director may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined by Florida Statutes and this Code. The judgment of the Civil Defense Director shall be the sole criteria necessary to invoke emergency powers provided in the City Charter, the Code of Ordinances and other appropriate authority. 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 Chapter shall be con- strued as abridging or curtailing the powers of restrictions of the City Council as defined in the City Charter. (b) During any period when disaster threatens or when the City has been struck by disaster, within the definitions of this Charter, the Director may promulgate such regulations as he deems necessary to protect life and property and preserving critical resources. Such regulations may include, but shall not be limited to the following: (1) 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. (2) Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. (3) Such regulations 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. 9/-0 _A 7 -3- (4) Regulations promulgated in accordance with the authority alone will be given widespread circulation by proclamations published and uttered by newspaper and radio. The regula- tions will have the force of Ordinances when duly filed with the City Clerk, and violations will be subject to the penalties provided in the City Charter or Code of Ordinances. (f) The Civil Defense Director will cause to be prepared the basic plan herein referred to and to exercise all the special powers conferred upon him by the Ordinances of the City, all powers conferred upon him by a statute, or any other lawful authority. SECTION 6. That Section 6-6 of the Edgewater Code of Ordinances in Subsections (a) and (d), is hereby amended to read: Sec. 6-6 Civil Defense and Disaster basic plan. (a) A comprehensive Civil Defense and disaster basic plan shall be adopted and maintained by Resolution of the City Council upon the recommen- dations of the Director and City Manager. 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 Council shall be utilized to the fullest extent. When approved, it shall be the duty of the City Manager to guarantee that all municipal departments, agencies, boards and Council 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 con- sidered supplementary to this section and have the effect of law whenever a disaster or attack, as defined herein, has been proclaimed. (d) Amendments to the basic plan shall be submitted to the Director. If approved, the Director will submit amendments through the City Manager to the City Council with recommendations for approval. Such amendments shall take effect thirty (30) days from the date of adoption by the City Council. 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 Council. Yi-o-a7 - 4 SECTION 7. That all Ordinances or parts of Ordinances and Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. SECTION 8. That the City Clerk is hereby directed to advertise this Ordinance as required by law. SECTION 9• That this Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. The Ordinance was introduced by Councilman w iI 6 Oy 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 the regular meeting of said Council held on the _Ljday of , 1981, and approved as provided by law. The second reading of the Ordinance to be at a regular meeting of the City Council Jr1o1f the City of Edgewater, Florida to be held on the 1 1 day of A- . 9/-o-ai -S-