HomeMy WebLinkAboutDocumentation_Regular_Tab 05_04/11/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 9-13 as amended on first
4/11 /13 reading
Consent Agenda: No Resolution #:
Originating Department: Attorney
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Ordinance 9-13, Second 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 Management" to Provide for Emergency Management of Natural, Technological and
Other Emergencies and Disasters, as well as Management of Civil Disturbances and Disorders
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: ; ... „� . Appropriate Fund Balance: �,;��� � ,� < � ::��.
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� Ordinance 9-13, Second 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 Management" to Provide for Emergency Management of Natural, Technological and
Other Emergencies and Disasters, as well as Management of Civil Disturbances and Disorders
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Department Head Submitted by Village Attorney
Finance Director ;'
Reviewed for Financial S fficiency [� ,�� �1�,�,
No Financial Impact [� V �
Attorney: (for tegal sufficiency)
Village Manager: �.—T- - --_ `y
Submit for Council Discussion:
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE NO. 9-13
AN ORDINANCE OF THE VII.LAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF
ORDiNANCES AT CHAPTER 26. EMERGENCY SERVICES, BY
REPEALING THIS CHAPTER IN ITS ENTIRETY AND RE-ADOPTING
Tf WITH A NEW TITLE "EMERGENCY MANAGEMENT" TU
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 CHAFTER 26. SHALL 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 viliage wide comprehensive system for
emergency mana.gement, to include management of natural, technological and other emergencies
and disasters, as well as mana.gement of civil disturbances and disorders; and
WHEREAS, the Village Council af 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 serviees as stated herein.
NOW, THEREFORE, BE IT QRDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
5ection 1: Chapter 26. Emergency Services. of the Code of Ordinances ofthe Village
of Tequesta. is hereby repealed in its entirety, and re-adopted with a new title "Emergency
Services" to provide for emergency management of natural, technological and other
emergencies, as well as management of civil disturbances and disorders; providing that Cha.pter
26 shall hereafter read as follaws:
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EMERGENCY MANAGEMENT
' e I. Emer�encv �nd Disacter Mana�ement
6-1. Defmitions.
used in 's 'cle. the fol owin� terms, nhrases words and th ir derivations sha11
have the meanin�s �iven herein:
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Disaster means anv natural, technolo�ical or other emer�encv that causes dama�e of
sufficient severitv and ma�nitude to result in the declaration of a state of emer�encv bv the
Villa�e of Teauesta. Palm Beach Countv. the Governor of Florida or the President of the United
States.
Emergencv means anv occurrence. or threat thereof, whether natural, technolo�ical or
manmade. in war or in neace. which results or mav result in substantial iniurv or harm to the
health. safetv or welfare of the villa�e nonulation, includin� visitors within the villa�e's
iurisdiction, or substantial dama�e to or loss of nublic or nrivate nrovertv.
Emergencv mana�ement means the nrenaration for, the miti�ation of, the resnonse to,
and/or the recoverv from emereencies and disasters.
Sec.26-2. Annlicabilitv.
All boards. officers, emnlovees, contractors. vendors, authorities and other aeencies of
the villa�e, all citizens of the villa�e, and visitors within the villa�e's iurisdiction, are subiect to
the nrovisions of this Article.
Sec. 26-3. Emer�encv mana�ement structure.
�a The fire chief shall nerform the function of director of emer�encv mana�ement and
hall declare. imnlement, mana�e and renort on all actions authorized and ta.ken under
the provisions of this Article.
b� Duties as director of emer�encv mana�ement shall include the on-�oin� nlannin� for
and coordination of those actions necessarv for the creation and maintenance of a
comnrehensive villa�e-wide emereencv mana�ement nlan and of an effective
e er�encv resnonse canabilitv to vrenare for and mana�e emergencv conditions.
c� The nublic safetv buildin� contains the villa�e's emer�encv onerations center, which
shall be utilized as necessarv.
ec. 26-4. Powers. duties and resnonsibilities of the Director ,�f Emer�
Mana�ement.
The fire chief. when actin� as director of emer�encv mana�ement, shall have the
followin� nowers, duties and resnonsibilities:
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�a To recommend the declaration of a state of emer�encv. or declare same nursuant to
e or anizationa ructure as set fo in Sec. 26-5 as soon as ractical. To inform
the villa�e council of the reasons for and the status of the event(sl reauirin� the
declaration.
b� To recommend to the villa�e mana�er the creation. revision and exercise of a
comnrehensive villa�e-wide emergencv manaeement Dlan far the miti�ation of
nrenaration for, resnonse to and recoverv from emer�encv conditions.
�c To direct the efforts of emer�encv services nersonnel in Arenaration for resnonse to
and recoverv from emer�encv conditions.
�d To recommend a bud�et to the village mana�er for the creation and maintenance of
an emereencv resnonse canabilitv as nrovided herein.
e� To recommend to the villa�e mana�er emer�encv re�ulations necessarv for the
protection of life and nronertv, establishment of nublic order, and control of adverse
conditions affectin� bublic health, safetv and welfare resulting from an emer�encv.
� To develon and mana�e a villa�e emer�encv awareness nublic information nro�ram.
�ec. 26-5. Declaration of a state of emergenc,y
�a The director of emer�ency mana�ement. the Mayor and the Village Mana�er actine
in concert. or anv two of them if one is not available, or anv one of them if neither of
the other two are available shall have the authority to declare a local state of
emer�encv.
b� Anv declaration of a local state of emer�encv and all emer�encv re�ulations activated
under the nrovisions of this Article shall be confirmed bv the village council bv
nroclamation no later than its next regularlv scheduled meetine, unless the nature of
the emersencv renders a meetin� of the villa�e council imnractical.
c� An emer�encv declaration authorized under this Article shall authorize temnorarv
emer�encv measures necessarv for the nrotection of the nublic health. safetv and
welfare, which shall. if anvlicable, be coordinated with activities of the Palm Beach
Countv emer�encv mana�ement a�encv, and mav include but is not limited to the
followin� subiects:
1. Evacuations:
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2 C�ews and declaration of areas off limits:
� usnension or re�ulation of the sale af. or ofFer to se1L with or without
considera.tion: alcoholic bevera�es. exnlosives. or combustibles:
4. usroension of local buildin� re�ulations:
5. Emerg ncv nrocurement nrocedures. and the annronriation and exnenditure
nublic funds:
� R��latin� the use of and rationin� of fuel. ice and other essentials.
7. P ovidin� for the health and safetv of uersons and nronertv;
� Anv other subiect as authorized bv Chanter 252. Florida Statutes.
d� A local state of emergencv. when declaa�ed as nrovided herein. shall continue in effect
for no longer than 60 davs without beins affirmativelv renewed. and mav be
te ��d at anv time.
e� non the declaration of a, state of emereencv under this Article. a written notice of
declaration shall be nnsted on the bulletin board at Villa�e Ha11 and as nromntiv
as nractical. said notice shall be filed in the o�ce of the Villa�e Clerk. and delivered
to local news media for nublication and radio and television broadcast
� 26- 6. — 26-30. Iteserved.
Article II. Civil Disorder Mana�ement.
�c.26-31. Definitions,
s used in this Article the followi.ns terms nhrases wor and their derivations shall
ve the meanin�s aven herein:
Civil disorder or disturbance means that there has been an act of violence or � flagrant
and substantial defiance of or resistance to a lawful exercise of nublic authoritv ant that. on
a.�count thereof there is reason to believe that there e�sts a clear and�resent danser of a riot o
o er �eneral nublic disorder widesnread disobedience of the law. and substantial in.�'urv to
nersons or to nronertv, a11 of which constitute an imminent threat to nublic neace or order and t
t,he �eneral welfaze of the villa�e or ariv nart of the villase.
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� A declaration mac�e nursuant t� this Article shatl commence unc�n the declaration bv
the nublic offici�l �d shall tern��te after 72 hours. unless tetyminated sooner bv the
villa.�e council. An� extension of the 72 hour neriod must be,�eauested bv the
declarin� uublic official and annroved bv the villa�e council bv resolution in s�
' n nrior to the exniration of the 72 hour �eriod. nursuant to Cha.�ter 870. Florida
tts
S�ction 2: Ea.ch and every other Section aad Subsection of Chapter 26. Emergency
Management. shall remain in full force a.nd effect as previously adopted.
Seetian 3: All ordinances or parts of ordina.nces in conflict be and the same are
hereby repealed.
Section 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 aff�t the validity of the remainder of this Ordinance.
5ection 5: Specific authority is hereby granted to codify this C?rdinance.
Scc 'on 6: This Ordinance shall take effect i.mmediately upon passage.
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