HomeMy WebLinkAboutOrdinance No. 16-2003 ORDINANCE NO. 16 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES; PROVIDING FOR CIVIL EMERGENCY
POWERS AND MEASURES; PROVIDING FOR THE
DURATION AND TERMINATION OF A DECLARED STATE
OF EMERGENCY; PROVIDING FOR THE PROHIBITION
AGAINST UNCONSCIONABLE PRICES DURING A
DECLARED EMERGENCY; PROVIDING FOR
VIOLATIONS AND PENALTIES; PROVIDING FOR THE
REPEAL OF PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII 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, he City Council has the power to declare a state of civil emergency
within its municipal boundaries; and
WHEREAS, the City Council desires to establish lawful procedures to declare
dr 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 Cape Canaveral during such emergency; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the
`£ citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 18 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates
additions and strikeout type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in
Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
City of Cape Canaveral
Ordinance No. 16 -2003
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CHAPTER 18 CIVIL EMERGENCIES
Sec. 18 -2. Persons authorized to declare emergency.
or, in the absence of the city manager, any available councilmember, a civil emergency
emergency.
The city council shall have the right to declare a civil emergency by resolution. In the
event a meeting of the city council cannot be convened to declare a civil emergency in a
timely manner, the manor, or in the absence of the manor, the city manager, shall have
the right to declare a civil emergency provided the declaration is in writing.
Sec. 18 -3. Powers w hen+ emergency exists Emergency powers and measures.
After proclamation of civil emergency, the person declaring the civil emergency may
preslaiming a civil emergency is also empowered to close the stores or places of
• - • -.f and make such other temporary orders for the preservation of the peace or
force and effect of law.
Whenever a civil emergency is declared pursuant to Section 18 -2 of this Code, the
council resolution or written instrument of the mayor or city manager shall set forth the
nature of the civil emergency, any lawful measures deemed necessary to preserve and
protect the public health, safety, and welfare, and the duration said measures shall
remain in effect. Any measure promulgated under this section shall have the force and
effect of law. Such measures shall only be effective during the state of civil emergency.
Such measures may include, but are not limited to, the following:
(a) Establish 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
emergency repairs).
(b) Utilize all available resources of the city government as reasonably
necessary to cope with the civil emergency, including emergency expenditures.
However, in the case of a declaration of civil emergency by the mayor or city manager,
such emergency expenditure shall not exceed fifty thousand dollars ($50,000.00).
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Ordinance No. 16 -2003
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(c) Declare certain areas of the city off limits and closed to all nonessential
personnel.
(d) Make provisions for the availability and use of temporary emergency
housing and the emergency warehousing of materials.
(e) Establish an emergency operating center and employee shelter in addition
to or in place of those provided for in the Brevard County's emergency plan.
(f) Establish price controls pursuant to Section 18 -5 of this Code.
(g) Confiscate merchandise, equipment, vehicles, or property needed to
alleviate the emergency. Reimbursement shall be within sixty (60) days and at
customary value charged for the items during the ninety (90) days previous to the
emergency.
(h) In cooperation with Brevard 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.
(i) Activate the statewide mutual aid system.
CO Prohibit or limit the sale, purchase, transfer, distribution, display,
possession, or exchange of any weapon; except that this rovision
p shall not apply to
duly authorized law enforcement officials acting in an official capacity.
(k) Prohibit or limit the sale, purchase, transfer, distribution, display,
possession, exchange of any alcoholic beverage, flammable liquid, explosive substance
or hazardous material or substance;
(I) Prohibit or limit any person or persons from assembling in public places;
and
(m) Prohibit or limit the public's use of pubic facilities including, but not limited
to parks, government buildings, rights -of -way, and beaches.
Sec. 18-4. Duration and Termination of Emergency.
(a) Upon declaration of a civil emergency pursuant to Section 18 -2 of this
Code, the state of emergency shall commence immediately unless otherwise provided
in the council resolution or the written instrument of the mayor or city manager, and
shall terminate when the declaration has been rescinded or terminated by similar
resolution or written instrument.
City of Cape Canaveral
Ordinance No. 16 -2003
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(b) Notwithstanding the provisions in subparagraph (a) of this section, any
declaration of civil emergency imposed by the mayor or city manager shall be subject to
review by the city council at a regular or special meeting within twenty -four (24) hours of
such declaration or as soon thereafter as the city council can convene a meeting. The
city council shall review the declaration and determine whether a civil emergency exists.
If a civil emergency exists, the city council shall declare such emergency by resolution.
In any event, the declaration imposed by the mayor or city manager shall immediately
terminate at the time the city council makes the determination required by this
subsection.
Sec. 18 -5. Sale of goods, services, or materials at unconscionable prices.
(a) During a declared civil emergency, it shall be unlawful and a violation of
this chapter for a person or her or his agent or employee to rent or sell or offer to rent or
sell at an unconscionable price any goods, services, materials, or essential commodity
within the area for which a civil emergency is declared.
(b) During a declared civil emergency, it shall be unlawful and a violation of
this chapter for any person to impose unconscionable prices for the rental or lease of
any dwelling unit or self - storage facility within the area for which a civil emergency is
declared.
(c) A price approved by an appropriate government agency shall not be a
violation of this section.
(d) For purposes of this section 18 -5, the term "unconscionable" shall have
the same meaning and evidentiary standard set forth in Section 501.160, Florida
Statutes, as amended.
Sec. 18 -6. Violations and penalties.
r j
A violation of any provision of this chapter, or violation of any emergency measure
promulgated under this chapter, by any person, shall constitute a code violation and be
punishable pursuant to Section 1 -15 of this Code.
Sec. 18 -7. Authority; Governor's; President.
Nothing contained in this chapter 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 of Cape Canaveral.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
City of Cape Canaveral
Ordinance No. 16 -2003
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Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 3rd
day of June, 2003.
.
(22
.. ,�,' Rocky Randels, ayor
ATTEST:.
For Against
t
Bob Hoog Motion
Jim Morgan X
Buzz Petsos Second
Susan S ills, city b 1 r4k' Rocky Randels X
Richard Treverton X
First Reading: 5/20/03
Legal Ad published: 5/24/03
Second Reading: 6/3/03
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
/41110
Anthony A. Garganese, City Attorney
jjj
City of Cape Canaveral
Ordinance No. 16 -2003
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