HomeMy WebLinkAboutOrdinance 2002-163
ORDINANCE NO. 2002- , '- 3
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA ENTITLED "EMERGENCY
MANAGEMENT PROCEDURES;" PROVIDING FOR
PURPOSE, PROVIDING FOR DEFINITIONS, AND
EMERGENCY MANAGEMENT STRUCTURE;
PROVIDING DECLARATION OF A STATE OF
EMERGENCY, TERMINATION OF A STATE OF
EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, THE
SUSPENSION OF LOCAL BUILDING REGULATIONS,
AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR COORDINATION WITH
MIAMI-DADE COUNTY; PROVIDING FOR PENALTY;
PROVIDING FOR REPEAL, SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, it is the intent of the City Commission of the City of Sunny Isles Beach,
Florida, by enacting this legislation, to provide the necessary organization, powers 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, which may effect the security, safety,
general welfare or health of the City of Sunny Isles Beach 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, responsibility and
functions; 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 defmed in
Florida Statutes Section 870.041 et seq; and
WHEREAS, the City Commission is authorized to create emergency management plans,
pursuant to Chapter 252, Florida Statutes.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
Section 1. Puroose. It is the purpose of this ordinance to provide a framework for the
operation of the City during natural or man-made disasters.
Section 2. Dermitions.
As used in this Article:
(A) " Emergency" shall mean a condition which threatens or adversely affects the
public health, safety, general welfare 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 and act or 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, or
other utility system; or from any other cause, reason, condition or circumstance.
(B) " Average Retail Price" shall mean the price at retail for merchandise, goods or
services at which similar merchandise, goods or services were being sold prior to the public
emergency being declared.
(C) " City Manager" shall mean the City Manager of the City of Sunny Isles Beach or
a designee appointed by the City Commission, if the City Manager is not available.
Section 3. ADDlieabilitv of Provisions. All officers, employees, contractors, subcontractors,
vendors, boards and other agencies of the City are subject to the provisions of this Ordinance.
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Section 4. Emel1!encv Manae:ement Structure.
(A) The City Manager shall perform the functions of Director of Emergency
Management and shall implement, manage and report on all actions authorized and taken under
the provisions of this Ordinance.
(B) The City Manager or the City Manager's designee shall plan for the coordination of
those actions necessary for the creation and maintenance of an effective emergency response
capability to prepare for and manage emergency conditions. If the City Manager is unavailable,
the City Commission will appoint a designee to fulfill his responsibilities.
Section 5 Powers. Duties and Resoonsibilities.
The City Manager, when acting as the Director of Emergency Management, shall have the
following powers, duties and responsibilities.
(A) To declare a state of emergency pursuant to Section 6 to inform the Mayor and
City Commission of the reasons for and status of events requiring the declaration.
(B) To direct the creation, revision and the exercise of emergency response plans
consistent with state and county emergency plans for the mitigation of, preparation for, response
to, and recovery form emergencies, and to exercise all powers permitted by Chapter 252, Florida
Statutes.
(C) To recommend funding to the City Commission for the creation and maintenance
of an emergency response capability as provided in this Ordinance.
(0) 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.
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(E) 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.
(F) To develop and manage the City's emergency awareness public information
program.
(G) To apply for public assistance or other disaster relief funding.
Section 6 Declaration of a State of Emel1!encv
(A) The City Manager shall have the sole authority to declare a state of emergency.
(B) Any declaration of a state of emergency and all emergency regulations activated
under the provisions of this Ordinance 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 impossible. Confirmation of the emergency declaration shall disclose the
reasons for actions proposed and taken to manage the emergency, and other pertinent data
relating to the emergency requiring the declaration.
(C) Emergency resolutions or orders authorized by this Ordinance may include, but
are not limited to, the following subjects:
(1) Evacuation;
(2) Curfews; Declaration of areas off limits;
(3) Suspension or regulation of the sale of, with or without consideration:
alcoholic beverages; ammunition; fIrearms; explosives; or combustibles;
(4) Prohibiting the sale of merchandise, goods or services at more than the
average retail prices;
(5) Water use restrictions;
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(6) Suspension of local building regulations;
(7) Regulating the use of and rationing of fuel, ice and other essentials;
(8) 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 Section 870.044, Florida Statutes, if the emergency relates to overt
acts of violence or the imminent threat of such violence.
(E) A state of emergency, when declared, shall continue in effect from day to day
until declared to be terminated by the City Manager and City Commission, in accordance with
Section 8.
(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. The City Manager shall notify the local media and residents as soon as possible and in
the manner most practicable and expeditious.
(G) The City Manager may issue orders pursuant to this Ordinance and may elect to
adopt orders issued by County or State emergency management agencies.
Section 8 Termination of a State of Emen!enev. A state of emergency shall be terminated
by a vote of the City Commission if practicable or upon the certification of the City Manager that
the conditions leading to a state of emergency established under Sections 870.041 - 870.046,
Florida Statutes shall terminate at the end of a period of seventy -two (72) consecutive hours
after the declaration of the emergency, and must be confirmed by the City Commission by
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resolution at the next regular meeting, unless the nature of the emergency renders a meeting of
the City Commission impossible. Notice of termination of the emergency declaration shall be
made to the public by the City Manager by the same means as the declaration of the state of
emergency.
Section 9 Police Emel"2encies.
(A) An 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, other weapons or alcohol beverages;
explosives and combustibles; evacuation; and other similar actions. The City Manager may issue
a declaration of a state of emergency in accordance with Section 6.
(B) The declaration of state of emergency because of civil unrest or imminent threat
to public peace or order, shall authorize the issuance of emergency resolutions or orders and
other appropriate resolutions or orders, as may be required and may, if applicable, require
automatic emergency measures pursuant to Section 870.044, Florida Statutes. In addition,
additional discretionary emergency measures pursuant to Section 870.045, Florida Statutes may
be issued.
(C) A state of 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
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certifies to the City Manager that an emergency condition exists. The City Manager may issue a
declaration of a state of emergency pursuant to Section 6 because of:fire or hazardous materials
emergencies, utility emergencies, and weather emergencies shall authorize, respectively, the
issuance of emergency resolutions or orders.
Section 10. Fire and Hazardous Materials Ememencies.
(A) An emergency may be declared because of fire or hazardous materials incident
emergency when the Miami-Dade County Fire or Police Chief, or the designee of the Miami-
Dade Fire Chief or Police Chief 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 similar actions. The City Manager may issue a declaration of a state of emergency in
accordance with Section 6.
(B) The declaration of state of emergency because of fire and hazardous material
emergency shall authorize the issuance of emergency resolutions or orders and other appropriate
resolutions or orders, as may be required.
Section 11. Utility Ememencies
(A) An emergency may be declared because of utility conditions when the City
Manager or his designee or the Chief Operating Officer of the relevant franchise utility certifies
to the City Manager that:
(1) A condition exists or is imminent that endangers the safety, portability,
quantity, availability, collection, conveyance, transmission, distribution,
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treatment, or storage of water or waste water through or within the water
utility system serving the City; or
(2) A condition exists is eminent that endangers the safety, quality, quantity,
availability, transmission, distribution or storage of gas or electricity
through or within the franchised electrical or gas utility system(s); 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
similar actions. The City Manager may issue a declaration of a state of
emergency in accordance with Section 6.
(B) The declaration of a state of emergency because of utility conditions shall
authorize the issuance of emergency resolutions or orders, and other appropriate resolutions or
orders, as may be required.
Section 12. Weather Emel'1!:encies.
(A) An 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 there from. The
City Manager may issue a declaration of a state of emergency in accordance with Section 6.
(B) The declaration of a state of emergency resolutions or orders and other
appropriate resolutions or orders, as may be required.
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SectiOB 13. SUSDeBsioB of Loeal BuildiB2 Re2UiatioBs. 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 action is necessary for the
expeditious restoration of property damaged by the emergency event, unless terminated by the
City Commission. 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 for 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 City Manager.
Section 14. CoordiBatioB with Miami-Dade CouBtv. The City Manager shall coordinate
the city's emergency management programs with emergency management programs established
by Miami-Dade County.
SectiOB 15 PeBaltv. Any person, firm or corporation who violates any provision of this
Article, for which another penalty is not specifically provided herein or required by law shall,
upon conviction, be subject to such fine or imprisonment or both as provided by the City Code.
Each day that a violation shall continue to exist shall constitute a separate offense.
Section 16. ReDeaL All Ordinances or parts of Ordinances in conflict or inconsistent with
this ordinance are repealed.
Section 17. Severabilitv. If any word, clause, phase, sentence, paragraph or section of this
Ordinance is held to be invalid by a court of competent jurisdiction, such declaration of
invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section of this
Ordinance.
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Sedion 18. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the Code
of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "
Section" or other appropriate word.
Sedion 19. Effective Date. This Ordinance shall be effective ten days after the second
reading.
PASSED AND ADOPTED this 10th day of October 2002.
PASSED AND ADOPTED this ~ day of
:..;,- '--"..... .
:J.r
ATTEST: .
1 I
.~~~~--V..~Uo-
RiChard. a:.~wn-Morilla, City Clerk
. "
.
APPROVED AS TO FORM
AND EGAL SUFFICIENCY
eisser City Attorney
Moved by: ('~W\lY'\' S~, ol\)CC-R t(PtUF'f=mf11J
Seconded by: (' _f:JN\ lY'. ,S;: ~ , 0 l\)r.{C (C;no'b VV\ f\--t\J
VOTE AS FOLLOWS: 5-D
Mayor Samson ( V) yes
Vice Mayor Iglesias ~ ~yes
Commissioner Edelcup yes
Commissioner Goodman ~ ;::{;es
Commissioner Kauffman yes
L)no
L)no
L)no
L)no
L)no
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