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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. ..,' ..)." " c " 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) L.---""(Y es) {.../'(Y es) L/'( Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) Emergeney Generator Reg For Food & Pharmacy Stores Page 3 of 3 \' ~. 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. :pw 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 -~ . .+ TO: FROM: DATE: RE: '. , 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. NE:PSJ:pr City Commission :\lternate Energy Sources-Food Stores and Pharmacies