HomeMy WebLinkAboutOrdinance 550 Emergency Management Powers
AMENDED
ORDINANCE NO. 550
AN ORDINANCE OF THE CITY OF WINTER SPRINGS;
FLORIDAr RELATING TO EMERGENCY MANAGEMENT
PCMERS; CREATING ARTICLE VII r SECTION 2.250
TO 2.265 OF CHAPTER 2 ADMINISTRATION CODE OF
ORDINANCESr TO PROVIDE FOR THE EXERCISE OF
THE EMERGENCY PCMERS OF THE CITY DURING A
STATE OF EMERGENCY; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS FLORIDA:
SECTION I: Article VII Section 2.250 through
2.265 of Chapter 2, Code of Ordinancesr are created to
read:
ARTICLE VI I EMERGENCY MANAGEMENT
SEC. 2.250. INTENT
(a) It is the intent of this chapter to provide
the necessary organizationr powersr and authority to
enable the timely and effective use of all available City
resources to prepare forr respond tOr and recover fram
emergencies, natural and manmader likely to affect the
securitYr safety or health of the City of Winter Springs
and its residents, whether such events occur wi thin or
without the corporate limits of the City.
(b) Nothing herein shall be intended to relieve
City departments of their normally assigned duties,
responsibilities and functions.
(c) Nothing herein shall be construed as a
delegation of authority to abridge of dirrdnish the
legislative or administrative powers of the City
Commission.
SEC. 2. 251 DEFINITIONS. As used in this chapter:
(a) "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.
(b) "Normal average retail price" shall mean the
price at retail for merchandise, goods, or services at
which similar merchandise, goods, or services were being
sold during the ninety days immediately preceding a
declaration of public emergency.
SEC. 2.252 APPLICABILITY OF PROVISIONS.
All officers, employees, contractors, vendors,
boards, commissions, authorities, and other agencies of
the City are subject to the provisions of this chapter.
SEC. 2.253 EMERGENCY MANAGEMENT STRUCTURE.
(a) The City Manager shall perform the function of
Director of Einergency Management, and shall implement,
manage, and report on all actions authorized and taken
under the provisions of this chapter.
(b) The City Manager shall appoint a Coordinator
of Einergency Services whose duties shall include the on-
going planning for and coordination of those actions
necessary to the creation and maintenance of an effective
emergency response capability to prepare for an manage
emergency conditions.
( c) There shall be an Emergency Management
Coordinating Committee composed of the department
directors or their designated representative which shall
be chaired by the Coordinator of Emergency Services of his
or her designated representative.
SEC. 2.254 POWERS, DUTIES, AND RESPONSIBILITIES.
(a) The City Manager, when acting as the Director
of Emergency Management, shall have the following powers,
duties and responsibilities:
(1) To declare a state of emergency or to
recommend the declaration of a state of emergency by the
City Commission, and to inform the City Commission of the
reasons for and status of events requiring the
declaration;
(2) To direct a state of emergency or to
recommend the declaration of a state of emergency by the
City commission, and to inform the City commission of the
reasons for and sttus of events requiring the
declaration;
(3) To direct the efforts of the Emergency
Management Coordinating Committee in the preparation for,
response to, and recovery fram emergency conditions;
(4) To recommend a budget for the creation
and maintenance of an emergency response capability as
provided herein;
(5) To promulgate emergency regulations
necessary to the protection of life and property
establishment of public order, and control of adverse
conditions affecting public welfare resulting from an
emergency.
(b) The Coordinator of Emergency Services shall
have the following responsibilities and duties:
(1) To supervise the development and
maintenance of City emergency plans, including annual
updates;
(2) To chair the Emergency Management
Coordinating Committee;
(3) To plan for and develop an Emergency
Operations Control Center to incl ude equipment, manning,
and operational procedures necessary to the management and
control of emergency conditions;
(4) To develop and manage the City's
emergency awareness public information program.
(c) The Emergency Management Coordinating
Committee shall have the following responsibilities and
duties:
(1) To function as the emergency management
agency during a declared emergency;
(2) To assist in the creation, revision, and
exercise of emergency plans;
(3) To advise the Director of Emergency
Management of requirements for resources necessary to the
creation, maintenance, and exercise of a capable,
efficient emergency response capability.
SEC. 2.255 DECLARATION OF A STATE OF EMERGENCY.
(a) The Mayor, Deputy Mayor, City Manager, in the
order named, shall have the authority to declare a state
of emergency by proclamation. Upon the absence or
unavailability of the Mayor, the Deputy Mayor may issue
such a declaration, and upon the absence or unavailability
of the Mayor and the Deputy Mayor, the City Manager may
issue such a declaration.
(b) Any declaration of a state of emergency and
all emergency regulations activated under the provisions
of this chapter shall be confirmed by the City Commission
by resolution within five 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) Emergency resolutions authorized by this
chapter shall include but are not lirrdted to the following
subjects:
Resolution
Subject
A
Evacuation
B
Curfews; declaration of
areas off limits
C Suspension or regulation
of sale of acholic
beverages, firearms,
explosives or combustibl es
D prohibiting the sale of
merchandise, goods or
services at more than the
normal average retail
price
E
Water use restrictions
F
Suspension of local
building regulations
G
Rationing of fuel, ice and
other essentials
H
Emergency
procedures
procurement
(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,
and shall notify by telephone not less than 2
newspapers of general circulation within the City, at
least 3 television stations and at least 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 1
days 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 City Manager by the same means as the
notice of the declaration of the state of emergency.
SEC. 2.257 - 2.260 RESERVED.
SEC. 2. 261 WEATHER EMERGENCIES.
(a) A public emergency may be declared because of
weather conditions when the National Weather Service or a
state, county or local emergency management agency informs
the City or the public that emergency conditions resulting
from meterological conditions are present or are irrrrdnent.
Meterological conditions covered by this section include
but are not limited to hurricanes, floods, tornadoes,
other severe weather conditions and the results therefrom.
SEC. 2.262 POLICE EMERGENCIES.
(a) A public emergency may be declared because of
utility conditions when the Director of utilities
certifies to the City Manager that:
(1) A condition exists or is irrrrdnent that
endangers the safety, potability, quantity, availability,
transmission, distribution, treatment, or storage of water
through or within the City's water utility system; or
(2) A condition exists or is inminent that
endangers the safety, quality, quantity, availability,
transmission distribution, or storage of gas through or
within the City's gas utility system; and
(3) Extraordinary actions to control and
correct the situation are required/ including but not
limited to emergency purchase; call-in of off-duty
personnel; assistance by other communities and agencies;
and other like actions.
(b) Declaration of a public emergency because of
utility conditions shall authorize the issuance of
emergency resolutions A, B, E and H, as may be required.
SECTION 2.263 FIRE EMERGENCIES.
(a) A public emergency may be declared because of
fire when the Fire Chief certifies to the City Manager
that an actual or potential condition arising from fire,
explosion, chemical spill, building or bridge collapse or
plane, train, or other vehicle accident requires
extraordinary measures for control including but not
limited to calling out of off-duty and reserve personnel;
evacuation; and other like actions.
(b) Declaration of a public emergency because of
fire shall authorize the issuance of emergency resolutions
A, B, E and H, as may be required.
SECTION 2.264 SUSPENSION OF LOCAL BUILDING REGULATIONS.
The City Manager may authorize the suspension of
local building regulations during and following a declared
state of emergency when the Building Official certifies
that such action is necessary to the expeditious
restoration of property damaged by the emergency event.
Such suspension of building regulations may be applied on
a case-by-case basis as required to remedy specific
conditions and to facilitate the provision of energency
housing to disaster victims. The Building Official shall
specify the provisions of the building code to be
suspended and the reasons therefore when certifying the
necessity of such suspension to the City Manager.
SEC. 2.265 CERTIFICATION OF EMERGENCY CONDITIONS.
A certification of emergency conditions to the City
Manager may be verbal but each verbal certification shall
be confirmed in writing within twenty-four (24) hours
following an emergency declaration.
SECTION II:
This ordinance shall take effect
immediately upon adoption.
First Reading Sept. 13, 1993
Posted Sept. 15, 1993
Public Hearing and Second Reading Oct. 11, 1993
MAYOR PHILIP A. KULBES
ATTEST:
Mary T. Norton
CITY CLERK
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Th~ Orlando Sentinel
Published Daily
$1)3 ?n
r-)tate of jf10riba } S.S.
COUNTY OF ORANGE
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was published in said newspaper in the issue; of
Court,
~NITA ROSADO
Before the undersigned authority personally appeared
, who on oath say's
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
news a er published at CASS.ElBERRY in
Coun Florida'
that the attached 9qpy of advertisement~being a NOT ICE: OF PUBLIC. H
in the matter of--2UINANCE S.5~
Affiant further sa s that the said Orlando Sentinel is a newspaper published at
,in said
County, Florida,
and that the said newspaper has heretofore been continuously published in
said ~f'"TNOlf' County, Florida,
each Week Da and has been entered as second-class mail matter at the post
office in in said
~E"INOL E County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any disc nt, rebate,
commission or refund fo e pose of securing this ad r 'sement for.
publication in the said ne spaper.
. J:b e foregoing instrument was a nowledged ~~fore ~.e this ... 2~ day of
f' ~F.P"T'F.MRF.R , 19.9.3.-, by) t.J p, M ;A. ROSA 9 ,
wno is personally known to me a~~ an O~h.. ~
(SEAL) , I BEVERLY C. SIMMONS
NOTARY My Comm Exp. 3/10/97
~ PUBLIC J.~ Bonded By Service Ins
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