HomeMy WebLinkAboutDocumentation_Regular_Tab 08_03/14/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord 9-13
3/14/13
Consent Agenda: No Resolution #:
Originating Department: Village Attorney
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Ordinance 9-13, First Readinq, Amending the Village Code of Ordinances at Chapter 26.
Emergency Services, by Repealing this Chapter in its Entirety and Re-Adopting it with a New Title
"Emergency Services" to Provide for Emergency Management of Natural, Technological and other
Emergencies and Disasters, as Well as Management of Civil Disturbances and Disorders; Providing
that each and every other Section and Subsection of Chapter 26. Shall Remain in Full Force and
Effect as Previously Adopted - Village Attorney Davis
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Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: N/A Amount Remaining after item: N/A
Budget Transfer Required: No Appropriate Fund Balance: No
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Department Head °
�,, ,1�, y'��;�.�„`}�C...d�1 � :
Finance Director
Reviewed for Financial S iciency ❑ /
,
No Financial Impact �
Attorney: (for legal sufficiency)
Village Manager: _ _ -- —
--' � �-1_
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE 9-13
AN ORDINANCE OF THE VILLAGE COUNCII, OF TAE VII.LAGE OF
TEQUESTA, FLORIDA, AMENDING THE VII..LAGE CODE OF
ORDiNANCES AT CHAPTER 2b. EMERGENCY SERVICES, BY
REPEALING THIS CHAPTER IN ITS ENTIRETY AND RE-ADOPTING
IT WITH A NEW TITLE �EMERGENCY SERVICES" TO PROVIDE
FOR EMERGEPdCY MANAGEMENT OF NATURAL,
TECHNOL�GICAL A1�TD OTHER EMERGENCIES AND DISASTERS,
AS WELL AS MANAGEMENT OF CIVIL D�STURBANCES AND
DISORDERS; PROVIDING THAT EACH AND EVERY OTHER
SECTI�N AND SUBSECTION OF CHAPTER 26. SHA►LL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 26. to provide a village wide comprehensive system for
emergency management, to include management of naiural, technological and other emergencies
and disasters, as well as management of civil disturbances and disorders; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta. that the
Village provide for emergency management services as staled herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF 'THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 26. Emergency Services. of the Code of Ordinances of the Village
of Tequesta is hereby repealed in its entirety, and re-adopted with a new title "Emergency
Services" to provide for emergency management of natiu�al, technological and other
emergencies, as we11 as mana.gement of civil ciisturbances and disorders; providing that Chapter
26 shall hereafter read as follows:
Chanter 26
EMERGENCY MANAGEMENT
�'c � I. Emer�encv and Disaster Man��ement
Sec.26-1. Definition�.
As used in this Article. the following terms. nhrases. words and their derivations shall
ve the meanines given herein:
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Disaster means anv natural. technaloeical or other emereencv that causes dama�e of
�ufficient severitv and ma�tude to result in the declaration of a state of emer�encv bv the
Villaee of Teauesta. Palm Beach Countv. the Governor of Florida. or the President of the United
�
mergenc means anv occurrence or threat thereof. whether natural. technological or
�nanmade. in war or in p� ce. which results or mav result in substantial iniurv or harm to the
health. safetv or welfare of the villa�e nonulation. �cludin� visitors within the villa�e's
iurisdiction. or substantial dama�e to or loss of nublic or nrivate nronertv.
merQencv management means the �renaration for, the miti�.tion of. .�he resnonse to.
and/or the recoverv from emer�encies and disasters.
Sec.26-2. ,�Ditl��
lA 1 boards officers emnlovees contractors vendors authorities and other agencies of
the villa�e all citizens of the villa�e. and visitors within the villa�e's iurisdiction. are subiect to
the �rovisions of this Article.
Sec. 26-3. Emergencv m�nagement structure.
�a The fire chief s nerform the function f director of emer�encv mana ement
sha11 declare. im�lemen� manage and renort on a11 actions authorized and taken under
the nrovisions of this Article.
b� Duties as director of emergencv management shall include the on-�oin� nlaut�in� fox
and coordination o� those actiorLS necessarv for the creation and maintenance of a
comArehensive villa�e-wide emer�encv mana�ement nlan and of an effective
e er��encv resnonse canabilitv to nrenare for and mana�e emereencv conditions.
� �e public safety buildin� contains the village's emergencv onera.tions center which
shall be utilized as necessarv.
Sg��-4. Powers. duties and resnonsibilities.
�'he fire cluef. when actin� as director of emer�encv mana�ement shall have the
f llowin� nowers. duties and resnonsibilities:
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� To declare or recommend the declara.tion of a s�te of�mer�encv nursuant to Sec. 26-
� as soon as nractical. To inform the villa�e council of the reasons for and the status
of the event(sl reauirine the declaration.
b� To recommend to the village mana�er the creation. revision and exercise of a
c�nrehensive villa�e-wide emergencv mana�ement nlan for the mitigation of.
nrenaration for. resuonse to and recoverv from emer�encv conditions.
c� To direct th efforts of emer encv se 'ces ersonn 1 in nrenara.tion for. resnonse to
and recoverv from emer�encv conditions.
d� To recommend a bud�et to the villa�e mana�er for the creation and maintenanee of
an emer�encv response cauabilitv as nrovided herein.
� o recommend to the villa�e mana�er emer�encv reeulations necessarv for the
rotection of life and�roneriv establishment of nublic order. and control of adverse
�onditions affectin� nublic health safetv and welfare resultin� from an emer�encv.
� To develon and mana�e a villa�e emergencv awareness nublic information nro�ram.
Sec. 26-5. Declaration of � state of emer�encv.
� 'I'he director of emer�encv management. the Mavor and the Villa.ge Manager actin�
ir��ncert. or anv two of them if one is not available. or anv one of them if neither of
the other two aze available shall have the authoriiv to declare a local state of
emergencv.
� v declaration of a local state of emer�encv and all emer�ency re�ulations activated
under the nrovisions of this Article sha11 be confirmed bv the villa�e council bv
nmclamation no later than its next reeulazlv scheduled meetinQ, unless the nature of
e emergencv renders a meetine of the villa�e council im�ractical.
� An emer�encv declara.tion authorized under this Article sha11 authorize temnorarv
emer�encv measures necessarv for the nrotection of the nublic he�,th. safetv and
welfaze. which sha11. if annlicable. be coordinated with actavities of the Pa1m Beach
ountv emer�encv mana�ement a�encv. and mav include but is not limited to the
ollowin� subiects:
1 Evacuaxions,
� Curfews and declaration of areas off limits:
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� Sus�nsion or re�ulation of the sale of. or, offer to sell. with or without
�onsideration: aleoholic bevera�es. exnlosives or combustibles•
4. �usnension of local buildin� regulations:
��mereencv nrocurement nrocedures. and the annronriation and exnenditure of
�ublic funds:
f e�ulatin� the use of and raxioning of fuel. ice and other essentials.
7. �'rovi ' for the health and safetv of nersons and nronertv:
$_ „�v o er subiect as authorized bv Chanter 252. Floridar Statutes.
� A local state of emer�encv. when declared as urovided herein. shall continue in effect
or no lon�er than 60 davs without bein� affirmativelv renewed. and mav be
termina.ted at any ti.me.
�e Unan the�declaration of a state of emer�encv_under this Article. a written not�ce of
declaration shall i�e nosted on the bulletin board at Villa�e Hall. and as rp omntiv_
nractical. said natice sha11 be filed in the office of the Vi11a�e Clerk, and delivered
local news media for nublication and radio an�television broadcast.
Secs. 26- 6. — 26-30. Reserved.
��jcle II. Civil Disorder �ana�emen�
���-3�. Definitions.
used in this Article the followin$ terms nhrases words and their derivations shall
ve the meanings given herein:
ivil 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 nublic authoritv ant tha.t. o�
�count theareof there is reason to believe that there exists a clear and nresent dan�er of a riot or
other �eneral nublic disorder wides�read disobedience of the law and substantial iniurv o
nersons or ta nronertv all of which co stitute an' � ent threat to aublic neace or order and to
the �eneral welfare of the villase or anv nart of the villa.�e.
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vi�la�e council. Anv e�ension of the 72 hour ueriod must be reauested bv the
declarins nublic official and annroved bv th� lla council by resolution in suecial
session prior to the exn' tion of the 72 hour neriod. nursuant to Chanter 870. Flvrida
tt�
Section 2: Each and every other Section and Subsection of Chapter 26. Emergency
Management. shall remain in fu11 force and effect as previously adopted.
Section 3: All ordinances or parts af ordinances in conflict be and the same are
hereby repealed.
5ection 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Sec,�„_ tion 5: Specific authority is hereby granted to codify this Ordinan�e.
S►ection 6: This Ordinance sha11 take effect immediately upon passage.
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