Item 8C vAGENDA ITEM # 8C
FEBRUARY 11, 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 # 8C
FEBRUARY 11, 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 [TEM # 8C
FEBRUARY 11, 2008
Draft of Emergency 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 dissemination to the public.
Waiver of Procedures, Policies, and Formalities
During a state of emergency, the procedures and formalities otTherwise
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;
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FEBRUARY 11, 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 and/or 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;
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FEBRUARY 11, 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 traffic.
Weauons
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
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FEBRUARY 11, 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.
'res
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 er 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 # 8C
FEBRUARY 11, 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.