09-13-99MAYOR:
VICE MAYOR:
COMMISSIONER:
COMMISSIONER:
COMMISSIONER:
Julio Robaina
Armando Oliveros, Jr.
Horace G. Feliu
David D. Bethel
Mary Scott Russell
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
Charles D. Scurr
Earl G. Gallop
Ronetta Taylor
SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: September 13, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: September 21, 1999 Phone: (305) 663 -6340
Time: 5:00 PM
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HERESY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE MILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAN.
City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
RESOLUTION(S)
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; DECLARING A WEATHER EMERGENCY PURSUANT TO
SECTIONS 14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539;
DIRECTING THE CITY MANAGER TO EXERCISE ALL NECESSARY
AND APPROPRIATE POWERS TO PREPARE FOR AND RESPOND TO
HURRICANE FLOYD; PROVIDING AN IMMEDIATE EFFECTIVE DATE.
3/5
2. Adjournment
SPECIAL CITY COMMISSION
AGENDA - September 13, 1999
1
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, RELATING TO
6 EMERGENCY MANAGEMENT; DECLARING A WEATHER
7 EMERGENCY PURSUANT TO SECTIONS 14.05 AND 14.12 OF
8 ORDINANCE NO. 11 -93 -1539; DIRECTING THE CITY
9 MANAGER TO EXERCISE ALL NECESSARY AND
10 APPROPRIATE POWERS TO PREPARE FOR AND RESPOND
11 TO HURRICANE FLOYD; PROVIDING AN IMMEDIATE
12 EFFECTIVE DATE.
13
14
15 WHEREAS, pursuant to its municipal home rule powers to prepare for, and
16 respond to, weather and other emergencies the Mayor and City Commission of the
17 City of South Miami enacted Ordinance no. 11 -93 -1539, entitled "Emergency
18 Management "; and,
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20 WHEREAS, the Emergency Management ordinance provides for the city
21 manager or his, or her, designee, to recommend a declaration of a weather
22 emergency pursuant to sections 14.05 and 14.12, and upon declaration of an
23 emergency, provides for the city manager, or his, or her, designee to exercise
24 powers relating to evacuation; curfew and designation of restricted areas;
25 suspension or regulation of the sale of alcoholic beverages, ammunition, firearms,
26 explosives and combustibles; prohibition on price gouging; water use restrictions;
27 suspension of local building regulations; regulation of the use and rationing of
28 fuel, ice and other essential goods; and emergency procurement procedures; and,
29
30 WHEREAS, Hurricane Floyd on September 13,1999 was classified as a
31 category IV hurricane and the storm is projected by the National Hurricane Center
32 to make landfall in or near the City of South Miami on Tuesday September 14,
33 1999. A recent hurricane tracking chart and satellite photograph are annexed to
34 this resolution.
35
36 WHEREAS, the Mayor and City Commission believe it is necessary to
37 declare a weather emergency and to organize all available City resources to
38 prepare for, respond to and recover from all threats to the security, safety and
39 health of the City of South Miami.
40
41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Underscored words constitute the amendment proposed. Overs"ck words are deleted. Remaining
provisions are now in effect and remain unchanged.
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Section 1. A weather emergency resulting from the threat of imminent
damage from Hurricane Floyd is declared to exist as of this date.
Section 2. The City Manager is authorized and directed to exercise all
necessary and appropriate powers under Ordinance no. 11 -93 -1539 to accomplish
emergency management during the duration of this emergency. The City Manager
shall report to the commission at its next regularly scheduled meeting, unless a
special meeting is called earlier, a preliminary assessment of the damage caused
by the hurricane, all actions taken in response to the emergency, the effectiveness
of the emergency management structure, the estimated cost of the response,
further actions which may be required, contracts which must be reviewed and
ratified by the commission and any emergency budget appropriations which may
be requested.
Section 3. The City Manager is authorized to procure supplies and
equipment required for the City to prepare for and respond to the emergency
situation created by Hurricane Floyd.
Section 4. This declaration of emergency shall be effective immediately
and remain in effect for fifteen days until September 28, 1999; or until the next
meeting of the commission, which is now scheduled for September 21, 1999
unless it is terminated earlier by the commission or by certification of the City
Manager or his designee.
Section 5. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 13fl' day of September, 1999.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
City Attorney
Page 2 of 2
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TI ("IN AL �.-IEATHER HURRIC01E I..El,.ITER ADUl"31ORY NUMBER 24
PROPH"PILITY THAT 'I"P-JER OF FLOYD�,-IILL PH"' �,IITHIN '15 STATUTE MILES,
L ' "TARTP-%iG 2T 11:00 AM EDT MON '--EF 13 199.9
DURP,.�Gl THE 72 HOURS ., H I
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13
[,-.10 T I r--AL HURRICAI-lE 'El'ITER
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MIATCPAT3 Page 1 of 2
HOME ACTIVE FORECASTS ABOUT, •
ZCZC MIATCPAT3
TTAA00 KNHC 131754
BULLETIN
HURRICANE FLOYD INTERMEDIATE ADVISORY NUMBER 24A
NATIONAL WEATHER SERVICE MIAMI FL
2 PM AST MON SEP 13 1999
... FLOYD STILL ON A WESTWARD TRACK...
A HURRICANE WARNING CONTINUES IN EFFECT FOR THE THE NORTHWEST
BAHAMAS... INCLUDING THE ABACO ISLANDS ... ANDROS ISLAND ... BERRY
ISLANDS ... BIMINI ... ELEUTHERA ... GRAND BAHAMA AND NEW PROVIDENCE
ISLAND ... AND FOR THE CENTRAL BAHAMAS ...INCLUDING CAT ISLAND...
EXUMAS ISLANDS ... LONG ISLAND ... RUM CAY ... AND SAN SALVADOR ISLAND.
A TROPICAL STORM WARNING IS IN EFFECT FOR THE TURKS AND CAICOS
ISLANDS AND THE SOUTHEASTERN BAHAMAS.
A HURRICANE WATCH CONTINUES IN EFFECT FOR THE ENTIRE FLORIDA
MAINLAND EAST COAST FROM FLORIDA CITY NORTHWARD TO JUST SOUTH OF
BRUNSWICK GEORGIA... INCLUDING LAKE OKEECHOBEE.
INTERESTS IN THE FLORIDA KEYS SHOULD CLOSELY MONITOR THE PROGRESS OF
THIS DANGEROUS HURRICANE.
AT 2 PM AST ... 180OZ ... THE CENTER OF HURRICANE FLOYD WAS LOCATED
NEAR LATITUDE 24.2 NORTH... LONGITUDE 73.0 WEST OR ABOUT 90 MILES
...145 KM ... EAST OF SAN SALVADOR IN THE CENTRAL BAHAMAS. THIS
POSITION IS ALSO ABOUT 470 MILES ... 750 KM ... EAST-SOUTHEAST OF MIAMI
FLORIDA.
FLOYD IS MOVING TOWARD THE WEST NEAR 15 MPH ... 24 KM /HR. A GRADUAL
TURN TOWARD THE WEST - NORTHWEST IS EXPECTED TONIGHT FOLLOWED BY A
TURN TOWARD THE NORTHWEST ON TUESDAY.
MAXIMUM SUSTAINED WINDS ARE NEAR 155 MPH ... 250 KM/HR ... WITH HIGHER
GUSTS. LITTLE CHANGE IN STRENGTH IS FORECAST DURING THE NEXT
24 HOURS. FLOYD IS A DANGEROUS CATEGORY 4 HURRICANE ON THE
SAFFIR /SIMPSON SCALE.
HURRICANE FORCE WINDS EXTEND OUTWARD UP TO 105 MILES ... 165 KM...
FROM THE CENTER ... AND TROPICAL STORM FORCE WINDS EXTEND OUTWARD UP
TO 290 MILES ... 465 KM.
THE LATEST MINIMUM CENTRAL PRESSURE REPORTED BY THE AIR FORCE
HURRICANE HUNTER AIRCRAFT IS 926 MB ... 27.34 INCHES.
STORM SURGE FLOODING OF 15 TO 20 FEET ABOVE NORMAL TIDE LEVELS...
ACCOMPANIED BY LARGE AND DANGEROUS BATTERING WAVES ARE POSSIBLE
IN THE HURRICANE WARNING AREA.
RAINBANDS FROM FLOYD ARE PRODUCING LOCALLY HEAVY RAINS OVER THE
SOUTHEASTERN BAHAMAS AND PORTIONS OF PUERTO RICO AND THE VIRGIN
ISLANDS.
REPEATING THE 2 PM AST POSITION... 24.2 N... 73.0 W. MOVEMENT
TOWARD...WEST NEAR 15 MPH. MAXIMUM SUSTAINED WINDS ... 155 MPH.
MINIMUM CENTRAL PRESSURE... 926 MB.
THE NEXT ADVISORY WILL BE ISSUED BY THE NATIONAL HURRICANE CENTER AT
5 PM AST.
AVILA
http: / /www.nhc .noaa.gov /text/MIATCPAT3.HTML 9/13/99
MIATCMAT3 Page 1 of 2
CE� . I ROME ACTIVE FORKASTS IMAGERY AB.O.M.T.TPC RECONNAISSANCE
CYCLONES
834
WTNT23 KNHC 131441
TCMAT3
HURRICANE FLOYD FORECAST /ADVISORY NUMBER 24
NATIONAL WEATHER SERVICE MIAMI FL AL0899
1500Z MON SEP 13 1999
A HURRICANE WARNING CONTINUES IN EFFECT FOR THE THE NORTHWEST
BAHAMAS... INCLUDING THE ABACO ISLANDS ... ANDROS ISLAND ... BERRY
ISLANDS ... BIMINI ... ELEUTHERA ... GRAND BAHAMA AND NEW PROVIDENCE
ISLAND ... AND FOR THE CENTRAL BAHAMAS ...INCLUDING CAT ISLAND...
EXUMAS ISLANDS ... LONG ISLAND ... RUM CAY ... AND SAN SALVADOR ISLAND.
A TROPICAL STORM WARNING IS IN EFFECT FOR THE TURKS AND CAICOS
ISLANDS AND THE SOUTHEASTERN BAHAMAS.
A HURRICANE WATCH CONTINUES IN EFFECT FOR THE FLORIDA EAST COAST
FROM HALLANDALE TO NEW SMYRNA BEACH ... AND AT 11 AM EDT IS EXTENDED
SOUTHWARD TO INCLUDE DADE COUNTY ... TO FLORIDA CITY FLORIDA. THE
HURRICANE WATCH IS ALSO EXTENDED NORTHWARD FROM NEW SMYRNA BEACH TO
JUST SOUTH OF BRUNSWICK GEORGIA.
INTERESTS IN THE FLORIDA KEYS SHOULD CLOSELY MONITOR THE PROGRESS OF
THIS DANGEROUS HURRICANE.
HURRICANE CENTER LOCATED NEAR 24.1N 72.1W AT 13/1500Z
POSITION ACCURATE WITHIN 10 NM
PRESENT MOVEMENT TOWARD THE WEST OR 280 DEGREES AT 12 KT
ESTIMATED MINIMUM CENTRAL PRESSURE 921 MB
EYE DIAMETER 20 NM
MAX SUSTAINED WINDS 135 KT WITH GUSTS TO 165 KT
64 KT....... 90NE 50SE 50SW 70NW
50 KT ....... 180NE 100SE 100SW 150NW
34 KT ....... 250NE 180SE 150SW 225NW
12 FT SEAS..300NE 200SE 175SW 300NW
ALL QUADRANT RADII IN NAUTICAL MILES
REPEAT... CENTER LOCATED NEAR 24.1N 72.1W AT 13/1500Z
AT 13/1200Z CENTER WAS LOCATED NEAR 23.9N 71.4W
FORECAST VALID 14 /OOOOZ 24.5N 74.OW
MAX WIND 135 KT ... GUSTS 165 KT
64 KT... 90NE 50SE 50SW 70NW
50 KT ... 180NE 100SE 100SW 150NW
34 KT ... 250NE 180SE 150SW 225NW
FORECAST VALID 14/1200Z 25.5N 76.5W
MAX WIND 135 KT ... GUSTS 165 KT
64 KT... 90NE 50SE 50SW 70NW
50 KT ... 180NE 100SE 100SW 150NW
34 KT ... 250NE 180SE 150SW 225NW
FORECAST VALID 15 /OOOOZ 27.3N 78.8W
MAX WIND 135 KT ... GUSTS 165 KT
64 KT... 90NE 50SE 50SW 70NW
50 KT ... 180NE 100SE 100SW 150NW
34 KT ... 250NE 180SE 150SW 225NW
REQUEST FOR 3 HOURLY SHIP REPORTS WITHIN 300 MILES OF 24.1N 72.1W
h4://www.nhc.noaa.gov/text/MIATCMAT3.HTML
9/13/99
ORDINANCE NO. 11 -93 -1539
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PURSUANT TO ARTICLE II,
SECTION 6 D (3) OF THE CHARTER OF THE CITY OF SOUTH
MIAMI, ENACTING A NEW CHAPTER 14 "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 FOR ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in the early morning hours of Monday, August 24,
1992, Hurricane Andrew, a category four hurricane, came through
Dade County, Florida, including the City of South Miami, causing
consequent major damage to roads, utilities, communications, and
Property; and
WHEREAS, it is the.intent of the City Commission of the City
Of South Miami, Florida, by enacting this legislation, to provide
the necessary organization, potters 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 South Miami 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 sea; 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
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: MAYOR AND CITY
Sect_ ion1_ That a new Chapter 14, "Emergency Management,
of the Code of Ordinance of the City of
and the same South Miami, Florida, be,
is, hereby enacted to read as follows:
Chapter 14
EMERGENCY MANAGEMENT
14.01. Definitions
14.02. Applicability of Provisions
14.03. Emergency Management Structure
14.04. Powers, Duties and Responsibilities
14.05. Declaration of a State of Emergency
14.09. Police Emergencies
14.10. Fire and Hazardous Materials Emergencies
14.11. Utility Emergencies
14.12. Weather Emergencies
14.13. Suspension of Local Building Regulations
14.14. Certification of Emergency Conditions
14.99. Penalty
Sec. 14.01. 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 of 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 immediately preceding a
declaration of public emergency.
(C) City Manager shall mean the City Manager, the Acting City
Manager, or Interim City Manager.
Sec. 14.02. 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.
Sec. 14.03. Emergency Management Structure.
(A) The City Manager or his designee shall perform the function
of Director or 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.
Sec.14.04. Powers, Duties and Responsibilities.
(A) The 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 14.05. To inform the
Mayor and Vice Mayor and the City Commission of the
reasons for and, status of events requiring the
declaration.
2
(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 issue 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 Service shall have the
following responsibilities and duties:
(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.
Sec.14.05 Declaration of a State of Emergency
(A) The City Manager, and one of his /her two designeees to be
named annually in advance, in the order named, shall have the
authority to declare a state of emergency. Upon the absence or
unavailability of the City Manager, the desginees 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 model resolutions,
the text of which is attached hereto as Exhibits, and summarized
as follows:
Resolution Subject
A Evacuation
B Curfews; Declaration of areas off limits
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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
(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 sea. 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
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 City
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 sea. 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.
Sec. 14.06 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 sea.. 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.
Sec. 14.09 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 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, alcohol beverages;
explosives and combustibles; evacuation; and other like actions.
The City Manager shall report said certification to the officials
in the order named in Section 14.05 regarding the need to declare
a state of emergency. Pursuant to Section 14.05, 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 sea. In addition, additional
discretionary emergency measures pursuant to Florida Statutes
870.045 may be issued.
(C) A public emergency may be declared because of fire and
hazardous materials emergencies, utility emergencies, and weather
emergencies 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 that, although not
certified by the official set forth therein, such emergency
condition as set forth in Sections 14.10, 14.11, and 14.12
exists. The City Manager shall report said certification to the
officials in the order named in Section 14.05 regarding the need
to declare a state of emergency. Pursuant to Section 14.05, a
declaration of emergency may then issue.
(D) Declaration of a public emergency pursuant to Section 14.09
because of fire and hazardous materials emergencies, utility
emergencies, and weather emergencies shall authorize respectively
the issuance of emergency resolutions set forth in Sections
14.10, 14.11, and 14.12.
Sec. 14.10 Fire and Hazardous Materials Emergencies.
(A) A public emergency may be declared because of fire or a
hazardous materials incident emergency when the Metro -Dade
County Fire Chief, or his designee, certifies to the 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 shall report said certification to the officials, in the
order named in Section 14.05 regarding the need to declare a
state of emergency. Pursuant to Section 14.05, 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.
Sec. 14.11 Utility Emergencies.
(A) A public emergency may be declared because of utility
conditions, when the President of the relevant franchise
utility, or his designee, certifies to the 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 shall report said certification to the
officials, in the order named in Section 14.05 regarding the need
to declare a state of emergency. Pursuant to Section 14.05, 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.
Sec. 14.12 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
hurricane, floods, tornados, or other severe weather conditions
and the results therefrom. The City Manager shall request a
declaration of a State of Emergency from the officials in the
order named in Section 14.05.
declaration of emergency may then issue.
rsuant to Section 14.05, a
(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.
Sec. 14.13 Suspension of Local Building Regulations.
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 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 14.05(A). The City Commission shall confirm the
suspension pursuant to Section 14.05(B).
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Sec. 14.14 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.
Sec. 14.99 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 such fine or
imprisonment or both as Florida Statutes provide for the lowest
class of misdemeanor. Each day a new violation shall continue to
exist shall constitute a separate offense.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same hereby are, repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 17 day of August , 1993.
AT EST:
CIV Y CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
Clf��
MAYOR
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