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Item 8DAGENDA ITEM # 8D JANUARY 28, 2008 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Proposed Emergency Ordinances for Disaster Preparedness DATE: January 04, 2008 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: The City of Atlantic Beach has an Emergency Plan designed to address the issues and problems that typically arise in the event of a crisis. It was originally conceived as a hurricane plan, but it was recognized that the plan could be easily adapted to effectively address most major disasters whether or not they were related to hurricanes. There is also a Duval County Comprehensive Emergency Management Plan that addresses regional issues throughout northeast Florida. One element of disaster preparedness that has not been addressed in Atlantic Beach is the adoption of emergency ordinances that may be invoked during a crisis and/or disaster. In the event of a disaster, it is often necessary for local governments to quickly adopt ordinances to maintain order and public safety. Atlantic Beach police officers have traveled to a number of cities after hurricanes devastated the communities, and in virtually all of those communities, emergency ordinances were activated to deal with emerging problems. Today, many cities have adopted a series of ordinances that can be invoked in times of crisis. During a crisis or immediately after a disaster, it may not be feasible to quickly convene the city commissioners so that they may introduce, discuss, and adopt emergency ordinances. After recognizing this reality, many cities have chosen to establish the lines of authority, the process, and the emergency ordinances in the city code before a disaster occurs. The proposed language in the attached documents was compiled from a number of cities who have adopted emergency ordinances as a part of their emergency management plans. The proposed language is being presented as a "starting point" for the City of Atlantic Beach, and staff expects the City Commission to make changes, modifications, additions, and deletions. However, it was felt that it would be better to start out with some ideas and concepts on paper rather than starting with a blank sheet of paper. AGENDA ITEM # 8D JANUARY 28, 2008 BUDGET: None RECOMMENDATIONS: Staff recommends that the City Commission provide guidance and direction to staff relative to the proposed language in the attached documents. Once there is consensus on the concepts and ideas, then the City Attorney will wordsmith the language so that it can be brought back to the City Commission for consideration and adoption. ATTACHMENTS: Preliminary Draft of Emergency Ordinances for Atlantic Beach REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM # 8D JANUARY 28, 2008 Draft of Ememencv Ordinances for Atlantic Beach NOTE: All of the language in this proposal is new. It does not replace any of the existing City Code. General Powers. The Mayor and the City Manager jointly have the power to invoke any or all of the following provisions during a declared state of emergency or disaster. In the event that the Mayor and/or City Manager are not available, then the Mayor Pro-Tem may assume the authority of the Mayor, and the Acting City Manager may assume the authority of the City Manager. Should it be necessary to invoke any of the following provisions, a notice, when possible, should be made to the local news media for immediate disseminafion to the public. Waiver of Procedures, Policies, and Formalities During a state of emergency, the procedures and formalities otherwise required of the city by law may be waived by the Mayor and City Manager jointly, and may authorize actions pertaining to the following as necessary: 1. Entering into contracts for a period not to exceed six months .from the declaration of the emergency; 2. Suspending bid provisions for a period not to exceed six months from the declaration of the emergency; 3. Employment of permanent and temporary workers; 4. Utilization of volunteer workers; 5. Rental of equipment; 6. Acquisition and distribution of supplies, materials, and facilities; 7. Additional appropriation and expenditure of funds as needed for the emergency; 8. Implementing emergency personnel policies; AGENDA ITEM # 8D JANUARY 28, 2008 9. Activating and/or executing the statewide mutual-aid system and/or interlocal agreements; 10. Determining a threat to public health and safety that may result from the generation of widespread debris throughout the City, that such debris constitutes a hazardous environment; and that it is in the public interest to collect and remove disaster debris from all property within the City, whether publicly-owned lands, privately-owned lands, both public and private roads and easements, including lands and roads located within any private, gated community to eliminate an immediate threat of additional damage to improved property and to promote economic recovery of the community at large and the health and safety of the community at large; 11.Authorize the City or their contracted agent right of access to private roads and easements andJor gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, debris removal, clearing roadways, utility repairs, and sanitation to alleviate immediate threats to public health and safety; 12.Authorize the removal of derelict vessels pursuant to current Statutes of the State of Florida and in conjunction with the Florida Fish and Wildlife Conservation Commission; 13. Authorize the removal of abandoned vehicles pursuant to current Statutes of the State of Florida and in conjunction with law enforcement of the city, county, and state. 14. Performing public work and taking whatever action is necessary to ensure the health, safety, and welfare of the community; AGENDA ITEM # 8D JANUARY 28, 2008 Curfews NOTE: The current City Code contains a juvenile curfew for specific days and hours, but it does not contain a provision that applies to everyone under emergency circumstances. Curfews No person shall be allowed in the public or private streets or places throughout the city or in any designated sections of the same during the hours in which the-city has declared a curfew, except for the provision of designated, essential services, such as fire, utilities, police, emergency medical services, hospital services, and road clearance/debris removal, including the transportation of patients, utility emergency repairs, and emergency calls by physicians and medical staff. The provisions of this subsection shall not apply to government employees in the performance of essential services or while in the service of protecting the life, health, property, welfare or public peace of the community. Restricted Areas Restricted areas• No person shall enter any area designated by the City of Atlantic Beach as a restricted area unless in the performance of approved official duties or with written permission from the City Manager, or his designated representative. The Chief of Police or his/her designee is authorized to declare any public street, thoroughfare, park, sidewalk, City right-of--way, or vehicle parking area closed to vehicular or pedestrian trafFc. Weapons Weapons: No person, except certified law enforcement or U.S. military personnel, shall carry or possess any firearm or weapon, as defined by State Law in a public place or upon the property of AGENDA ITEM # 8D JANUARY 28, 2008 another; such possession shall be prima facie evidence of an intent to violate the provisions of this section. "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a common pocketknife, plastic knife, or blunt- bladed table knife. Businesses The City Manager or his/her designee may order the closing of any business establishments anywhere within the city for the period of the emergency, such as businesses to include, without limitation due to enumeration, those selling intoxicating liquor, fermented malt beverages, gasoline or firearms. Fires The City Manager is authorized to prohibit the kindling or maintaining of any outdoor fire or the discharge any fireworks where such activity is found to be hazardous due to weather conditions or other similar circumstances. City Commission Review Invoking any of these provisions by the Mayor e~ and City. Manager shall be subject to ratification, alteration, modification or repeal by the city commission as soon as the city commission is able to meet, AGENDA ITEM # 8D JANUARY 28, 2008 but such ratification, alteration, modification or repeal shall not affect the prior validity or force or effect of such proclamation or emergency by the Mayor and City Manager. The purpose of this ordinance is not to bypass or usurp any of the authority of the City Commission. It is intended to allow the Mayor and City Manager to effectively function in an emergency situation when the Commissioners are away or otherwise unavailable to meet.