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HomeMy WebLinkAbout2004 09 20 Public Hearings 404 COMMISSION AGENDA ITEM 404 Consent Informational Public Hearing X Regular ~ SeptemberZ2004 Meeting jJJr- 'frIo' Mgr. / Att. / Dept. REQUEST: The City Attorney requests that the City Commission pass on First Reading, Ordinance 2004-44, which shall amend Chapter 2, Article vn of the Code of Ordinances regarding the City's Emergency Management regulations. PURPOSE: The purpose of this ordinance is to update and streamline the City's current Emergency Management ordinances and to provide new sections regarding price gouging, penalties for violation of the emergency management ordinances, and the authority of the Governor and President of the United States to declare or terminate states of emergency. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida's Municipal Home Rule Powers Act. 2. Chapters 252, 501, and 870, Florida Statutes. 3. Section 501.160, Florida Statutes, which regulates price gouging. CONSIDERATIONS: 1. Following the effects of Hurricanes Charley and Frances over the recent weeks, a review of the City's current emergency management ordinances was warranted. Page 1 of 2 2. Currently, the City Code does not include any provision regulating price gouging. This ordinance establishes a price gouging regulation consistent with Florida law. 3. This ordinance also establishes a general penalty provision for violation of Chapter 2, Article vn, Emergency Management. 4. The current regulations pertaining to emergency management fail to the provide the City Commission, as a whole, with the authority to declare a state of emergency. This ordinance provides for a hierarchy of authority by which the City Commission, the Mayor, or the City Manager, in that order, may declare a state of emergency. 5. Upon declaration of a state of emergency pursuant to this Article, this ordinance increases the amount of money that the Mayor or City Manager is authorized to spend in order to enable the City to cope with such emergency from $50,000 to $75,000. 6. This ordinance also specifies ceratin measures the City Commission may authorize in furtherance of the City's safety and welfare during declared emergencies, and consistent with Florida and Federal law, confirms the authority of the Governor and the President of the United States to declare and/or terminate states of emergency. STAFF RECOMMENDATION: The City Attorney recommends passing on First Reading Ordinance No 2004-44 and that Ordinance No. 2004-44 be publicly advertised for Second and Final Reading. ATTACHMENT: Ordinance 2004-44. COMMISSION ACTION: G:\Lawycr\KWL\City of Winter Sprlngs\Ordinances\2004-44_Agenda.wpd Page 2 of 2 ORDINANCE NO. 2004-44 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 2, ARTICLE VII OF THE CODE OF, ORDINANCES, REGARDING EMERGENCY MANAGEMENT; PROVIDING AUTHORITY FOR THE CITY COMMISSION TO DECLARE A STATE OF EMERGENCY; PROVIDING FOR THE CITY COMMISSION TO IMPOSE CERTAIN EMERGENCY MEASURES; ENACTING NEW SECTIONS 2-257, 2-258, 2-259, REGARDING PRICE GOUGING, PENALTIES FOR VIOLATION OF THIS ARTICLE, AND THE GOVERNOR'S AND PRESIDENT'S AUTHORITY TO DECLARE OR TERMINATE A STATE OF EMERGENCY; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Chapters 252, 501, and 870, Florida Statutes, and other applicable laws, the City Commission has the power to declare a state of civil emergency within its municipal boundaries; and WHEREAS, the City Commission desires to amend and update its lawful procedures to declare civil emergencies and to further define the scope of measures that can be undertaken during a state of civil emergency in order to protect and safeguard the resources and citizens of Winter Springs during such emergency; and WHEREAS, the health, safety, and welfare of the citizens of the City of Winter Springs depend on the available and affordability of certain essential commodities; and WHEREAS, following Hurricane Charley on August 13, 2004, some consumers have reported dramatic increases in the prices of certain essential goods and services, and in some instances, have had to pay prices that were unconscionable and excessive; and WHEREAS, it is in the public's interest to require that price-gouging with respect to these essential items be prohibited and controlled; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this City of Winter Springs Ordinance No. 2004-44 Page I of7 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, Administration, is hereby amended as follows: (underlined type indicates additions and snikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 2, Administration. It is intended that the text in Chapter 2, Administration, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 2. ADMINISTRATION *** Article VII. EMERGENCY MANAGEMENT Division 1. GENERALLY *** Sec. 2-251. Definitions. As used in this article: Emergency shall mean a condition which threatens or adversely affects the public health, safety or security and which is or threatens to be beyond the control of those public and private agencies normally responsible for the management of such a condition, resulting from an act or threatened act of war, riot, terrorism, mob or other act of violence; from a weather event such as flood, hurricane or tornado; from a disruption in the city's utility system; or from any other cause. l'JOI thaI uvet age t dail pi ice shall Jhe,an the, p, ~c.e, at 1etail f01 hKJd,al.disc., goods, 01 se,1 v ices at w hich !.~m~laJ hlG,c.handise, goods, OJ set v ices WC.1 e, bdno sold dUJ ihg thc. I,ihc.ty-days ~,iHucd~atcly fhcc.cding a d(..datation of public. WiC.tgGhC.Y. *** Sec. 2-255. Declaration of a state of emergency. City of Winter Springs Ordinance No. 2004-44 Page 2 of7 (a) The city commission. mayor, deput) mayO!, or city manager, in the order named, shall have the authority to declare a state of emergency by proclamation or resolution. In the event a meeting of the city commission cannot be convened to declare a state of emergency in a timely manner. the mayor may issue such proclamation or declaration. and upon the absence or unavailability of the city commission and mayor. the city manager may issue such proclamation or resolution. Upon tile absehee 01 uhavailability of the Jllayol, the deputy mayor may issue sueh a declalation, and upon the absence 01 unavailabilit~ of the mayoJ and the deputy mayor, the dty managel IlIay issue sueh a decIatation. (b) Any declaration of a state of emergency and all emergency regulations activated under the provisions of this article by the mayor or city manager shall be reviewed and may shaltbe confirmed or repealed by the city commission by resolution within five (5) working days of such declaration or at the next regularly scheduled meeting of the city commission, whichever occurs first, unless the nature of the emergency renders a meeting of the city commission extremely impractical. Confirmation of the emergency declaration shall disclose the reasons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the emergency requiring the declaration. (c) Upon declaration of emergency pursuant to this article. the city commission. mayor or city manager may authorize. by proclamation or resolution. certain safeguards and regulations deemed necessary to preserve and protect the public health. safety. and welfare of the city and citizens of Winter Springs. As circumstances warrant. such measures may include. but are not limited to the following: DJllelgwey Jesolut;ohs authoilz:cd by tIlls artiek shall illclude but ale not limited to the following suLjGai>. ill Establishing curfews. including. but not limited to. the prohibition of or restrictions on pedestrian and vehicular movement. standing and parking. except for the provisions of designated essential services. such as fire. police. emergency medical services (including the transportation of patients and emergency calls by physicians or other approved medical personnel). and public works services (including utility emergencv repairs); m Utilizing all available resources of the city government as reasonably necessary to cope with the emergency. including emergency expenditures. However. in the case of a declaration by the mayor or city manager. such emergency expenditures shall not exceed $75.000.00 without the city commission's approval: ill Declaring certain areas of the city off limits and closed to all nonessential personnel: & Making provisions for the availability and use of temporary emergency housing and the emergency warehousing of materials: ill Establishing an emergency operating center and employee shelter in addition City of Winter Springs Ordinance No, 2004-44 Page 3 of7 to or in place of those provided for in Seminole County's emergency plan: fQl. Establishing price controls pursuant to section 2-257 of this code: ill Confiscating merchandise. equipment. vehicles. or property needed to alleviate the emergency. Reimbursement shall be within 60 days and at customary value charged for the times during the 30 days previous to the emergency: ill. In cooperation with Seminole County emergency management and on behalf of the city. call on the National Guard of the Army. Coast Guard or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order. rescue and traffic control: !.2l. Activate the statewide mutual-aid system: .QQl Prohibit or limit the sale. purchase. transfer. distribution. display. possession. or exchange of any weapon: except that this provision shall not apply to duly authorized law enforcement officials acting in an official capacity: .Q1l Prohibit or limit the sale. purchase. transfer. distribution. display. possession. or exchange of any alcoholic beverage. flammable liquid. explosive substance or hazardous material or substance: il.6l Prohibit or limit any person or persons from assembling in public places: and .alL Prohibit or limit the public's use of public facilities including. but not limited to parks. government buildings. rights-of-way. and beaches. TADLE INSET. RGsolution SubjGct *" EvaGtlatioll B- CutfGWS, dGdatatioh of a,GaS off lilll1t~ e- Suspension 01 regulation of sale, of alcoholic bGvCIages, firc-Mms, c-xplosi ves 01 eombustibks IT rlohibiting the. sak of 1I1GIehandise, goods 01 serviccs at IhOIe. tl,an the. nowlal ave.Iage. Ietail pIiee. City of Winter Springs Ordinance No. 2004-44 Page 4 of7 E- "tVatcI U5C, IC,5D.ktlo115 F- SU5pc,hsion of local buildil,g Ic,gulatiol15 6- Ratlonihg of fnel, icc, ahd otI.c.r C55c,lltial5 If- EhlcrgehC)l plOCnIClllc.nt pIoccdnrc,5 (d) A declaration of a state of emergency shall activate the emergency plans applicable to the city. (e) A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated. (f) Upon the declaration of a state of emergency, the city manager shall post a written notice of such declaration upon the main bulletin board in the city hall~ on the city's web site when practicable, and shall notify by telephone not less than two (2) newspapers of general circulation within the city, at least three (3) television stations and at least three (3) radio stations broadcasting in Seminole County. When practicable, the city manager shall also cause the written notice to be published, in its entirety, at least one (1) day each week in a newspaper of general circulation in the city until the state of emergency is declared to be terminated. Sec. 2-256. Termination of a state of emergency. A state of emergency shall be terminated upon the certification of the officer or agency requesting the declaration of the state of emergency that the conditions leading to or causing the emergency conditions no longer exist and that the city's agencies and departments are able to manage the situation without extraordinary assistance. Notice of such termination shall be made to the public by the mayor. city manager. or city commission by the same means as the notice of the declaration of the state of emergency. Sec. 2-257. Sale or rental of eoods. services. or materials at unconscionable prices. ll!l. During a state of emergency declared pursuant to this article. it shall be unlawful to: ill Sell. rent. or offer for sale or rental. any goods. services. or materials at unconscionable prices. ill Rent. lease. or offer forrental or lease any dwelling unit or self-storage facility at unconscionable prices. City of Winter Springs Ordinance No. 2004-44 Page 5 of 7 ilil A price increase imposed by an appropriate government agency shall not constitute a violation of this section. @ For purposes of this section, the term "unconscionable"shall have the same meaning and evidentiary standard as set forth in section 501.160, Florida Statutes, as may be amended from time to time. Sec. 2-258. Authority of ~overnor and president. Nothing contained in this article shall be construed to limit the Governor's or the President of the United States' ability to proclaim or terminate a state of emergency within the city. Sec. 2-259. Violations and penalties. A violation of any provision in this article, or violation of any emergency measure promulgated under this article, by any person, shall constitute a code violation and be punishable pursuant to section 1-15 of this code or as otherwise provided by the city commission in the emergency resolution and applicable state and federal law. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2004-44 Page 6 of7 ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004-44 Page 7 of7