HomeMy WebLinkAboutDocumentation_Regular_Tab 13_6/11/2020Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jun 11 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion Regarding Time Frame for Declarations Declaring a State of Emergency to be
Affirmatively Renewed
SUMMARY: A
During the June 1, 2020 Workshop, Council Member D'Ambra requested Council discuss the time
frame for Declarations to be affirmatively renewed.
Code of Ordinances Regarding Emergencies:
Sec. 26-5. - Declaration of a state of emergency.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
(a) The director of emergency management, the mayor and the village manager acting in concert, or
any two of them if one is not available, or any one of them if neither of the other two are available
shall have the authority to declare a local state of emergency.
(b) Any declaration of a local state of emergency and all emergency regulations activated under the
provisions of this article shall be confirmed by the village council by proclamation no later than its next
regularly scheduled meeting, unless the nature of the emergency renders a meeting of the village
council impractical.
(c) An emergency declaration authorized under this Article shall authorize temporary emergency
measures necessary for the protection of the public health, safety and welfare, which shall, if
applicable, be coordinated with activities of the Palm Beach County Emergency Management
Agency, and may include but is not limited to the following subjects:
(1) Evacuations;
(2) Curfews and declaration of areas off limits;
(3) Suspension or regulation of the sale of, or offer to sell, with or without consideration: alcoholic
beverages, explosives, or combustibles;
(4) Suspension of local building regulations;
(5) Emergency procurement procedures, and the appropriation and expenditure of public funds;
(6) Regulating the use of and rationing of fuel, ice and other essentials.
(7) Providing for the health and safety of persons and property;
(8) Any other subject as authorized by F.S. Ch. 252.
(d) A local state of emergency, when declared as provided herein, shall continue in effect for no
longer than 60 days without being affirmatively renewed, and may be terminated at any time.
Page 147 of 152
Agenda Item #13.
(e) Upon the declaration of a state of emergency under this article, a written notice of such
declaration shall be posted on the bulletin board at Village Hall, and as promptly as practical, said
notice shall be filed in the office of the village clerk, and delivered to local news media for publication
and radio and television broadcast.
(Ord. No. 8-13, § 17 4-25-2013)
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
ARTICLE II. - CIVIL DISORDER MANAGEMENT
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
• Sec. 26-31. - Definitions.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS
As used in this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
Civil disorder or disturbance means that there has been an act of violence or a flagrant and substantial defiance of, or resistance
to, a lawful exercise of public authority ant that, on account thereof, there is reason to believe that there exists a clear and
present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to
persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of
the village or any part of the village.
(Ord. No. 8-13, § 11 4-25-2013)
Sec. 26-32. - Declaration of civil disorder or disturbance.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
(a) Pursuant to F.S. § 870.042(2), the chief of police is designated as the village official empowered
to declare that a civil disorder or disturbance exists within the boundaries of the village and to
exercise the emergency powers conferred in F.S. §§ 870.041-870.047. In the absence of the chief
of police, the mayor shall be the designated village official to exercise the powers to declare that a
civil disorder or disturbance exists within the boundaries of the village; in the absence of mayor, the
vice- mayor shall be the designated village official; or in his absence, the captain of police shall be the
designated village official to exercise the powers to declare that a civil disorder or disturbance exists
within the boundaries of the village.
(b) Whenever a civil disorder or disturbance is declared as stated above, the sale of, or offer to sell,
with or without consideration, any ammunition or gun or firearm of any size or description shall be
prohibited throughout the village; and the intentional display by or in any store or shop of ammunition
or gun or firearm of any size or description shall be prohibited throughout the village; and the
intentional possession in a public place of a firearm by any person other than a duly authorized law
enforcement official or person in military service acting in the official performance of their duty shall
be prohibited throughout the village, in accordance with F.S. § 870.044.
(c) Whenever a civil disorder or disturbance is declared as stated above, measures regarding the
imposition of curfews, restricting the sale or distribution of alcoholic beverages, closing public
assemblages, and prohibiting the sale or distribution of gasoline and other flammables, as provided in
F.S. § 870.45, may be invoked in whole or in part, with limitations and conditions as may be deemed
appropriate,
(d) Upon the declaration of civil disorder or disturbance under this article, a written notice of such
declaration shall be posted on the bulletin board at Village Hall, and as promptly as practical, said
Page 148 of 152
Agenda Item #13.
notice shall be filed in the office of the village clerk, and delivered to local news media for publication
and radio and television broadcast.
A declaration made pursuant to this article shall commence upon the declaration by the public official and
shall terminate after 72 hours, unless terminated sooner by the village council. Any extension of the
72 hour period must be requested by the declaring public official and approved by the village council
by resolution in special session prior to the expiration of the 72-hour period, pursuant to F.S. ch. 870.
(Ord. No. 8-13, § 17 4-25-2013)
Page 149 of 152