HomeMy WebLinkAboutOrdinance_09-13_04/11/2013 ORDINANCE NO. 9 -13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, 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; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 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 village wide comprehensive system for
emergency management, to include management of natural, 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 stated 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of Tequesta is hereby repealed in its entirety, and re- adopted with a new title "Emergency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 natural, technological and other
emergencies, as well as management of civil disturbances and disorders; providing that Chapter
26 shall hereafter read as follows:
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. EMERGENCY MANAGEMENT
Article I. Emeraency and Disaster Management
Sec. 26 -1. Definitions.
As used in this Article, the following terms, phrases, words and their derivations s1
have the meanings given herein:
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Disaster means any natural, technological or other emergency that causes damage of
sufficient severity and magnitude to result in the declaration of a state of emergency by the
Village of Teauesta. Palm Beach County, the Governor of Florida or the President of the United
tes.
Emergency means any occurrence, or threat thereof, whether natural, technological or
e, in war or in peace, which results or may result in substantial iniury or harm to the
heath. safety or welfare of the village population, including visitors within the village's
jurisdiction, or substantial damage to or loss ofpumc or private property.
Emergency management means the preparation for, the mitigation off, the response to.
and/or the recovery from emergencies and disasters
Sec. 26 -2. Anplicabdily
All boards. officers, employees, contractors, vendors, authorities and other agencies of
the village, all citizens of the village, and visitors within the village's jurisdiction, are subject pQ
the provisions of this Article.
Sec, 26 -3. Emergency management structure.
(a The fire chief shall perform the function of director of emergency management and
shall decl e. implement manage and report on all actions authorized and taken under
the provisions of this Article.
b Duties as director of emergency management shall include the on -going planning for
and coordination of those actions necessary for the creation and maintenance of a
comprehensive village- de emergency manag ment plan and of an effective
e eruncv response capability to prepare for and manage emergency conditions.
Uc The public safety building contains the village's emergency operations center, which
shall be utilized as necessary.
Sec, 264. Power& duties and responsibilities of the Director of Emergency
an ,ement,
The fire chief when acting as director of emergency managemea shall have the
following powers, duties and responsibilities:
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(-a) To recommend the declaration of a state of emergency, or declare same pursuant to
the organizational , structure as set forth in Sec. 26 -5 as soon as uractical. To inform
e village council of the reasons for and the status of the event(s) reauiring the
declaration.
bb) To recommend to the village manager the creation. revision and exercise of a
comprehensive ydlage -wide emergency management plan for the mitigation of,
preparation for, response to and recovery from emergency conditions.
To direct the efforts of emergency services personnel in preparation for, response to.
and recovery from emergency conditions.
To recommend a budget to the village manager for the creation and maintenance of
an emergency response capability as provided herein.
.ej To recommend to the village manager emergency regulations necessary for the
protection of life and property, establishment of public order. and control -of adverse
conditions affecting public health. safety and welfare resulting from an emergency.
To develop and manage a village emergency awareness public information program.
Sec. 26-5. Declaration of a state of emergency.
La 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
mer�gencv.
_(b Any declaration of a local state of emergency and all emergency regulations activated
der 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.
W An emergency declaration authorized under this Article shall authorize temporary
mer ency 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 aud may include but is not limited to the
following subiects:
1. Evacuations:
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2 Curfews and declaration of areas off limits:
Suspension or regulation of the sale off, or offer to sell, with or without
consideration: alcoholic beverages, explosives or combustibles:
4. SAmm io of local building regulations:
mergence_ procurement procedures. and the appropriation and expenditure of
public funds:
C. Regulating the use of and rationing of fuel, ice and other essentials
L. Providing for the health and safety of persons and property:
8 Any other subject as authorized by Chapter 252, Florida Statutes.
local state of emergency, when declared as provided herein, shall continue in effect
or no longer than 60 days without being affirmatively_ renewed, and may be
terminated at any time.
U Umn 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 Hal 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.
Secs. 26- 6.— 26 -30. Reserved.
Ankle H. Civil Disorder Management
Sec. 26-31. Definition&
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
d 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 lm and substantial injury to
persons or to property. all of which constitute an imminent threat to public peace or order and to
e general welfare of the village or any part of the village.
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Sec. 26-32. Declaration of civil disorder or dis tuXbance
Pursuant to Sec. 870.0420. Florida Statutes, the chief of police is designated as the
villa= official empowered to declare that a civil disorder or disturbance exists within
e boundaries of the village and to exercise the emergency powers conferred in Secs.
870,041-870.047, Florida Statutes. In the absence of the chief of police, the mavor
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
mavor, the vice- mavor 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
Qffu tQ 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 performan ce of
their duty shall be prohibited throughout the village, in accordance with Sec. 870.044.
Florida Statutes.
Uc 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 Sec. 870.45, Florida Statutes, may be
invoked in whole or in part. with limitations and conditions as may be deemed
appropriate.
dd) 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 notice shall be filed in the office of the Village Clerk. and
delivered to local news media for publication and radio and television broadcast.
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declaration made pursuant to this Article shall commence upon the declaration by
the oublic 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 Chapter 870. Florida
sw_tute_s_
Section 2: Each and every other Section and Subsection of Chapter 26. Emergency
Management. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances 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 affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Upon Second Reading this 11 day of April 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Council Member
Paterno and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra Absent
The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of April
2013.
MAYOR OF TEQUESTA
Abigail rennan
ATTEST:
Lori McWilliams, MMGzy`` G 9 QG
Village Clerk
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