HomeMy WebLinkAboutOrdinance 2006-250
ORDINANCE NO. 2006- 250
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, MANDATING THAT OWNERS
AND OPERATORS OF FOOD STORES INCLUDING
PHARMACIES LOCATED IN THE CITY OF SUNNY
ISLES BEACH HA VE AL TERNA TE ENERGY
SOURCES, SUCH AS EMERGENCY GENERATORS,
WITH SUFFICIENT ELECTRICAL CHARGE TO
ENSURE THE UNINTERRUPTED SUPPLY OF POWER
DURING A DECLARED STATE OF EMERGENCY;
ESTABLISHING DEFINITIONS; PROVIDING FOR
APPROVAL BY THE CITY MANAGER; PROVIDING
FOR EXEMPTIONS FOR LIMITED PERIODS;
ESTABLISHING PENALTIES AND ENFORCEMENT
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Hurricane Wilma made landfall in South Florida in the morning hours of
October 24,2005; and
WHEREAS, the hurricane created a serious crisis throughout the region in the public's
ability to purchase essential goods, such as food and pharmaceutical supplies as a result of
widespread power outages that rendered inoperable a very large percentage of the food stores in
the region, including pharmacies; and
WHEREAS, the protection of this community requires prevention of a similar situation
in the future and assurance that area food stores remain open to the public to supply essential
goods during times of emergency; and
WHEREAS, these measures are essential to the protection of the safety of our
community in the event of emergency conditions created by the recently experienced more active
hurricane seasons, among others.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines, and declares that it requires food stores, including pharmacies, located within the
02006-250 Emergency Generator Reg For Food & Pharmacy Stores
Clerk's Note: Adopted as an Emergency Ordinance; First Reading only.
Page I of3
City of Sunny Isles Beach to have alternate sources of power to ensure uninterrupted service
during a local State of Emergency. This Ordinance shall be applicable throughout the City of
Sunny Isles Beach.
Section 3. Definitions. For purposes of this Ordinance, the following words, terms and
phrases, when used in this article, shall have the following meanings:
(a) Food Store - means any business establishment containing more than thirty thousand
(30,000) square feet of floor area, which sells food supplies at retail to the public
including supermarkets and grocery stores. Food stores shall not include restaurants,
coffee shops, delicatessens, bakeries or similar establishments which exclusively
serve prepared or cooked foods. The term food supplies as used in this section,
includes but is not limited to, canned and non-perishable foods and water.
(b) Pharmacy - means any business establishment containing more than fifteen thousand
(15,000) square feet of floor area, which sells pharmaceutical products and food
supplies at retail to the public.
(c) Alternate Source of Energy - means an alternate power source or generator
connection sufficient to provide lighting and ventilation necessary to open the
establishment to the general public during normal business hours and sell food or
pharmaceutical supplies.
Section 4. Requirement for Emergency Generators. Owners and operators of Food Stores,
including Pharmacies within the City, shall have as a minimum alternate power source, a
generator connection/hookup, that is capable of providing electrical service during an
interruption of normal electrical supply, sufficient to provide lighting and ventilation to allow
such facilities are opened for business during a declared state of emergency or immediately
thereafter.
Section 5. Compliance. Food Stores and Pharmacies within the City, shall comply with this
emergency ordinance within ninety (90) days from adoption.
Section 6. Penalties. Failure to comply with this ordinance shall subject food store owners
and operators to the penalties prescribed in section 162.22 of the Florida Statutes, as well as
Code Enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or
repetitive violation. The provisions discussed herein shall also be enforceable through
injunctive relief as a means of protection of the public interest through the exercise of the City of
Sunny Isles Beach's police power, and through any other means available at law.
Section 7. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Emergency Generator Reg For Food & Pharmacy Stores Page 2 of 3
Section 8. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a patt of the code of the
City of Sunny Isles Beach, Florida; and 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, as required.
Section 9. Repealer. All ordinances or patt of ordinances in conflict herewith be and the
same are hereby repealed.
Section 10.
Effective Date. This Ordinance shall be effective upon adoption.
PASSED and ADOPTED on first reading the I L. +h day of J'Y\o.Ac..tv ,2006.
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ATTEST:
, ~~/YU' 'A (J~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LS IC ENCY
Moved by: ~~ IGL~c.;IAS'
Seconded by: V\~ vV\ Cltjo~ iSR~ '2-1 ^'
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
~ (Yes)
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{.../'(Y es)
L/'( Yes)
V(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Emergeney Generator Reg For Food & Pharmacy Stores Page 3 of 3
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TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator of Building, Code & Licensing
Elena Del Campillo, Planning and Zoning Technician
Priscilla Walker, Deputy City Clerk f tAJ~
March 22, 2006
Ordinance Requiring Emergency Generators for Food Stores and Pharmacies
At its regular meeting of March 16,2006, the City Commission adopted Ordinance No. 2006-
250, which requires food stores and pharmacies within the City to have alternate energy sources
for operational purposes. Attached is a copy of the ordinance for your files.
Thank you.
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Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
Food Stores & Pharmacies Emergency Generator Req Ord Trans Memo
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TO:
FROM:
DATE:
RE:
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,
City of Sunny Isles Beach
] 8070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Oanny Iglesias, Commissioner
Lewis.1. Thaler, Commissioner
Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission
Mayor Norman S. Edelcup 1trJltr
r
March 16, 2006
Ordinance Mandating that Food Stores and Pharmacies Have Alternate Energy
Sources to Supply Uninterrupted Power During States of Emergency
RECOMMENDA TION
This Ordinance is being presented for your consideration and approval.
REASONS
This is a companion ordinance to the previously adopted ordinance requmng gas stations
operating within the City limits to have generators during a declared state of emergency.
This Ordinance has been created to require owners and operators of food stores, including
pharmacies, to also have an alternate source of energy, including generators, to insure
uninterrupted services to the public during a declared state of emergency.
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City Commission
:\lternate Energy Sources-Food Stores and Pharmacies