Ordinance No. 5-08-50vORDINANCE NO.OS-08-50
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, BY ADDING ARTICLE
VIII. EMERGENCY MANAGEMENT, TO PROVIDE FOR AN
EMERGENCY MANAGEMENT PLAN IN THE EVENT OF DISASTERS
OR EMERGENCIES, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in the event of a disaster or emergency in the City of Atlantic Beach, it may
be necessary for the City to take certain actions and declare certain rules in effect in order
to protect its citizens and their properties, and
WHEREAS, it is in the best interests of the City and its citizens to establish lines of
authority, procedures, rules and regulations, and actions which the City may take in the
event of a disaster or emergency to protect its citizens and their properties.
Therefore, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new Article VIII to Chapter 2, Administration, which will add new
sections to be numbered Sec.2-400 through Sec.2-409, which sections shall read as
follows:
"ARTICLE VIII. EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
Sec. 2-400. Overcharging prohibited
In order to preserve, protect or sustain the life, health or safety of persons, or their
property, within any declared disaster area or area where a state of emergency exists, it is
unlawful, during the duration of the state of emergency or subsequent recovery period in
which the city has been designated as a disaster area, for any person, firm or corporation
located or doing business in the city, to overcharge for any goods, materials, services,
motel rooms, temporary lodging or houses, sold or rented, within the city. Overcharging
shall mean to charge more than the normal average retail price for any merchandise,
goods, or services sold during the emergency. The average retail price, as used herein, is
defined to be that price at which similar merchandise, goods, or services was being sold
in the county during the 90 days immediately preceding the emergency or mark-up which
is a larger percentage over wholesale cost, than was being added to wholesale cost prior
to the emergency.
Ordinance No. 5-08-50 Page 1
DIVISION 2. COMPERHENSIVE EMERGENCY MANAGEMENT PLAN
Sec. 2-401. Legislative/administrative intent and findings/adoption of
comprehensive emergency management plan.
(a) The city commission finds and declares that in order to protect and
safeguard the safety, health and welfare of the citizens of the city, the emergency
regulations contained in this division are necessary from time-to-time.
(b) It is the intent of the city commission to designate certain city officials to
declare local states of local emergency in the event of a natural or manmade
disasters or emergencies, or the imminent threat thereof, and to authorize certain
necessary actions relating thereto when a quorum of the city commission is unable
to meet.
Sec. 2-402. Definition of emergency.
The term "emergency" means any occurrence, event, disaster or threat thereof,
whether accidental, natural, or caused by man, in war or peace, which results or may
result in substantial injury or harm to the population of the city or substantial damage to
or loss of property within the city.
Sec. 2-403. Authority to declare states of local emergency.
Pursuant to F.S. Ch. 252, which authorizes the waiver of procedures and
formalities otherwise required of political subdivisions to take whatever prudent action is
necessary to ensure the health, safety and welfare of the community in the event of a state
of local emergency, when a quorum of the city commission is unable to meet, the mayor
and city manager (and / or the mayor pro tem and acting city manager) are empowered
to declare local states of local emergency whenever determined that a natural or
manmade disaster or emergency has occurred or that the occurrence of threat of one is
imminent and requires immediate and expeditious action. To the extent permitted by the
provisions of state law, the mayor and city manager shall, as necessary, convene meetings
of the city commission with members of the city commission attending, as appropriate,
by telephone or other electronics means. The mayor and city manager may rely upon
actions of the city commission for guidance and direction notwithstanding the absence of
a legal quorum; provided, however, that the mayor and city manager's taking of
necessary emergency actions shall not be conditioned upon the actual receipt of any such
guidance or direction in dealing with emergency situations.
Sec. 2-404. Proclamation; term.
A state of local emergency shall be declared by proclamation of the mayor or the
mayor pro tem and city manager. The state of local emergency shall continue for a
maximum period of seven days, but may be re-instituted for additional periods not to
exceed seven days, until the mayor and city manager or the city commission finds that the
threat of danger no longer exists and terminates the state of local emergency by
proclamation.
Ordinance No. 5-08-50 Page 2
Sec. 2-405. Emergency management plans; proclamation to activate.
(a) The city commission recognizes that the city manager shall develop from
time-to-time, in conjunction with the police chief and city attorney, emergency
management plans which shall provide for the maintenance of public safety,
public services and good order within the city during the time of emergency and
the resulting impacts from such emergencies.
(b) A proclamation issued by the city manager and the mayor, or mayor pro
tem, as set forth herein declaring a state of local emergency, shall activate the
emergency management plans applicable to the city and shall be the authority for
use or distribution of any supplies, equipment, materials or facilities assembled or
arranged to be made available pursuant to such plans. Said proclamation shall
also institute coordination activities with the State of Florida, Duval County,
Neptune Beach and Jacksonville Beach in accordance with the provisions of state
law and the state wide mutual aid system and / or interlocal agreements.
Sec. 2-406. Effect and purpose of state of local emergency.
(a) Upon the declaration of a state of local emergency pursuant to this
division, the state of local emergency shall be effective during the period of such
local emergency for the duration of the period of time established in the
applicable proclamation or as otherwise provided by state law, to protect the
health, safety and welfare of the citizens of Atlantic Beach and those other
persons residing in, traveling in or conducting business in the city.
(b) The city manager and the mayor (or the mayor pro tem), are hereby
vested and delegated with the power and authority to take all actions necessary to
address the emergency situations that may arise as a result of local emergencies.
(c) Without limiting the generality of the provisions of subsection 2-406(b},
the city manager and mayor (or mayor pro tem) are hereby vested and delegated
with the power to accomplish the following actions:
(1) To waive and dispense with any and all purchasing or procurement
policies and practices of the city in order to address and respond to
emergency conditions and associated impacts and in order that the city
will be in a position to respond to the day-to-day exigencies that may arise
and procure necessary goods and services to protect the public health,
safety and welfare.
(2) To implement emergency personnel policies, including
employment of permanent and temporary workers as well as utilization of
volunteer workers.
(3) To authorize the removal of derelict vessels and abandoned
vehicles pursuant to current statutes of the State of Florida and in
conjunction with other law enforcement agencies of the city, county and
state.
(4) To issue permits to allow the reconstruction and repair of non-
conforming structures that have been damaged.
Ordinance No. 5-08-50 Page 3
(5) To issue permits and construction permits without assessing
customary fees and charges for activities that pertain to the restoration and
rehabilitation of any and all structures damaged.
(6) To suspend the watering or irrigation of properties in the event that
the city's water supplies or water supply system or facilities is or are
threatened with harm or an inability to function at a level that is consistent
with the protection of the public health, safety and welfare.
(7) To permit tree removal, notwithstanding the requirements of any
code or ordinance, in order to protect the public safety and prevent
property damage from occurring. To also permit and assist in the removal
of any widespread debris which is determined to be a threat to public
health ,safety and welfare, from all property in the city, whether on public
or private property ,public or private roads and easements, and including
lands and roads located within any private, gated communities.
(8) To suspend or limit the sale, dispensing or transportation of
alcoholic beverages, firearms, explosives and combustibles. To prohibit
the carrying or possession of any firearm or weapon, as defined by State
law, upon the property of another, including public property. Any such
possession shall be deemed prima facie evidence of an intent to violate the
provisions of this Article.
(9) To prohibit the kindling ,setting or maintaining of any outdoor fire
or the discharge of any fireworks.
(10) To establish curfews including, but not limited to, the prohibition
of or restrictions on pedestrian and vehicular movement, standing and
parking, except for the provision of designated essential services, such as
fire, police, emergency medical services and hospital services to include,
but not limited to, the transportation of patients, utility emergency repairs
and emergency calls by physicians. If the Jacksonville Sheriff s Office or
the city police chief, as the case may be, advises the city manager that a
curfew may be in the public interest and protect the public health, safety
and welfare, the city manager may issue a proclamation that a curfew be in
effect-The city manager, as soon as practicable, shall request the mayor, or
mayor pro tem, in the absence of the mayor, to issue a proclamation
affirming the determination of the city manager.
(11) To utilize all available resources of the city government as
reasonably necessary to cope with the emergency.
(12) To declare certain areas within the city off limits.
(13) To make provisions for the availability and use of temporary
emergency housing and the emergency warehousing of materials.
(14) To establish emergency operating centers and shelters in addition
to or in place of those provided in Duval County's or the city's emergency
management plans.
(15) To prohibit the use of fresh water supplied by the city for any
purpose other than cooking, drinking or bathing.
(16) To call on the National Guard of the Army, public safety officials
and law enforcement officials as necessary to assist in the mitigation of the
Ordinance No. 5-08-50 Page 4
local emergency or to help maintain law and order, rescue and traffic
control.
(17) To require all contractors, whether local or from out of town, to
obtain a city permit before conducting business such as roofing, tree
cutting and removal, construction /rehabilitation /renovation, and the
like. The city shall require proof of licensing and insurance from all such
contractors, and may require the posting of a bond in certain
circumstances if the necessary licensing or proof of insurance cannot be
provided. The city shall take all appropriate measures allowed and shall
use its police powers to their fullest in order to protect the citizens and
residents of Atlantic Beach from being taken advantage of by
unscrupulous persons and companies that might attempt to take advantage
of disaster victims.
Sec. 2-407. Limit of authority.
Nothing in this division shall not be construed to limit the authority of the mayor
or the city commission to declare or terminate a state of local emergency and take any
action authorized by law relative to emergency preparedness, disaster relief or any similar
subject or matter.
Sec. 4-408. Administrative rules.
The city manager is hereby authorized to adopt administrative rules that are
deemed necessary and appropriate to implement the provisions of this division.
Sec. 2-409. Violation; penalties.
Any person or persons convicted of violating any of the provisions of this division
including, but not limited to, any proclamation or rule adopted under the provisions of
this division, shall be punished by a fine of not more than $500.00, plus costs of
prosecution, or by imprisonment for not more than 60 days, or by both such fine, costs
and imprisonment in the discretion of the court.
The provisions of this division may be enforced by any and all lawful means by the city
pursuant of all codes and ordinances duly adopted by the city commission or as may
otherwise be available to the city pursuant to state law and nothing contained in this
division shall prohibit the city from enforcing this division by other means set forth in the
city's codes and ordinances, provided in the statutory law of the State of Florida, or
otherwise available to the city."
Ordinance No. 5-08-50 Page 5
SECTION 2: This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading the 12~' day of May, 2008.
PASSED by the City Commission on second and final reading the ~~~day of
~ , 2008.
ATTEST:
DONNA L. BUSSEY, CM
City Clerk
Approved as to form and correctness:
JENSEN, ESQUIRE
Ordinance No. 5-08-50 Page 6