§ 14-33. Declaration of a state of local emergency.

(a)

The mayor shall have the authority to declare a state of local emergency by proclamation after consulting with the director of emergency management. Upon the absence or unavailability of the mayor, the vice-mayor, or a quorum of city council, and after every effort has been made to contact each such person, the city manager or community services director in the order named, may issue such a declaration.

(b)

Any declaration of a state of local emergency and all emergency regulations activated under the provisions of this article shall be confirmed by the city council by resolution within two working days of such declaration, or at the next regularly scheduled meeting of the city council, whichever comes first, unless the nature of the local emergency renders a meeting of the city council impractical. Confirmation of the declaration of local emergency shall disclose the reasons for anticipated impact or actions proposed and taken to manage the local emergency, and other pertinent data relating to the emergency requiring the declaration.

(c)

Upon the declaration of a state of local emergency pursuant to this article, the enforcement of the following provisions shall, as necessary, be effective during the period of such emergency to protect the health, safety and welfare of the city:

(1)

Curfew, declaring certain areas off limits;

(2)

Regulation of the use of water;

(3)

Prohibition of price gouging and overcharging;

(4)

Restrictions on the sale of alcohol, firearms, explosives and combustibles.

In addition, pursuant to this article, the enforcement of such emergency provisions referenced in this subsection shall be rescinded upon a termination of the state of local emergency.

(d)

The following policies shall, as necessary, also be effective during the period of a state of local emergency.

(1)

Utilize all available resources of the city as reasonably necessary to cope with the disaster or emergency, including emergency expenditures not to exceed $100,000.00 authorized by the city manager. Emergency expenditures exceeding $100,00.00 shall be confirmed by the city council by resolution at its next meeting.

(2)

Make provisions for the availability and use of temporary emergency housing and emergency warehousing of materials for citizens.

(3)

Confiscate merchandise, equipment, vehicles, or property needed to alleviate the emergency. Reimbursement shall be within 60 days and at a customary value. Action shall be taken by the city manager or a designee in extreme situations and only when necessary to protect the city.

(e)

Pursuant to F.S. § 252.38(3)(a)5., a declared state of local emergency will last for a period of up to seven days, which may be extended in seven-day increments. In addition, F.S. § 252.38(3)(a)5. provides authority for a political subdivision, such as the city to declare a state of local emergency; and to waive the procedures and formalities otherwise required of political subdivisions by a law pertaining to:

(1)

Performing public work and taking whatever action is necessary to ensure the health, safety, and welfare of the city;

(2)

Entering into contracts;

(3)

Incurring obligations;

(4)

Employing permanent and temporary workers;

(5)

Utilizing volunteer workers;

(6)

Renting of equipment;

(7)

Acquiring and distributing, with or without compensation, of supplies, materials and facilities;

(8)

Appropriating and expending of public funds.

(f)

The director of emergency management shall notify the media immediately upon the declaration of a state of local emergency.

(Ord. No. 95-17, § 3, 1-2-1996; Ord. No. 05-06, § 1, 7-6-2005; Ord. No. 11-04, § 3, 8-1-2011; Ord. No. 13-05, § 2, 10-7-2013)