2001-16 Amends Code on Emergency ManagementORDINANCE 16-2001
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BI'sAC1I, FLORIDA, RETITLING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
VILI,AG}; FROM "CIVIL EMERGENCIES" TO "EMERGENCY MANAGEMENT"; ADDING
SEC770NS 8-1 THROUGH 8-5.1, INCLUSIVE, TO CHAPTER 8 OF THE CODE OF
ORDINANCES CREATING A VILLAGE COMPREHENSIVE EMERGENCY MANAGEMENT
1'I,AN FOR RESPONSE AND RECOVERY FROM EMERGENCIES AND DISASTERS WITHIN
TI IE VlI,1,AGE; ADDING SECTIONS 8-6 AND 8-7, INCLUSIVE, TO CHAPTER 8 OF THE
COD}: OF ORDINANCES, TO PROVIDE THE PROCEDURE FOR DECLARING A STATE OF
1;MF,RGENCY FOR CIVIL DISORDERS AND DISTURBANCES WITHIN THE VILI,AGF,;
R}'sPEAI,ING SECTION 8-16 OF THE CODE OF ORDINANCES; PROVIDING FOR
SIiVL'RABII,ITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATf;.
BF, 17' ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, I'LORIUA:
Section 1. 1'he title of Chapter 8 of the Code of Ordinances of the Village is hereby
changed from "Civil Emergencies" to "Emergency Management."
Section 2. Sections 8-1 through 8-5.1, inclusive, are hereby added to Chapter 8 of the
Code of Ordinances creating a Village Comprehensive Emergency Management Plan for response
and recovery from emergencies and disasters within the Village and to read as follows:
"ARTICI,I; 1. In General
Section 8-]. De£nitions
As used in this Chapter, the following terms, phrases, words and their derivations shall have the
meanings given herein:
(a) Emergency means any occurrence, or threat thereof, whether natural, technological, or
man made, in war or in peace, which results or may result in substantial injury or harm
to the Village population or substantial damage to or loss of property.
(h) Disaster means any natural, technological or civil emergency that causes damage of
sufficient severity and magnitude to result in the declaration of a state of emergency by
the County, the Governor or the President of the United States.
. (c) Emergency Mana eg ment means the preparation for, the mitigation of, the response to,
and recovery from emergencies and disasters.
Section 8-2. Applicability
• All officers, employees, contractors, vendors, boards, commissions, authorities, and other agencies
of the Village are subject to the provisions of this chapter.
Section S-3. Emergency Management Structure
(a) The Village Manager or his designee shall perform the function of Director of Emergency
Management and shall implement, manage and report on all actions authorized and taken
on the provisions of this chapter.
(h) 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 Village
Comprehensive Emergency Management Plan and of an effective emergency response
capability to prepare for and manage emergency conditions.
(c) The Public Safety Building's Multi-purpose Room shall serve as the Village Emergency
Operations Center as necessary. The Department of Public Services building will serve
as a back-up Village Emergency Operations Center should the need arise.
Section 8-4. Powers, Duties and Responsibilities
(a) The Village Manager, when acting as Director of Emergency Management shall have the
following powers, duties and responsibilities:
(1) Recommend a declaration of local emergency pursuant to Sec. 8-5. To inform the
Village Council of the reasons for and status of the event(s) requiring the
declaration.
(2) To direct the creation, revision and exercise of a Village Comprehensive
Emergency Management Plan for the mitigation of, preparation for, response to,
and recovery from emergencies, and to exercise all powers permitted by Chapter
252 Florida Statutes.
(3) To direct the efforts of emergency services personnel in preparation for, response
to, and recovery from emergency conditions.
(4) 1'o recommend a budget to the Village Council for the creation and maintenance
of an emergency response capability as provided herein.
(5) To recommend emergency regulations necessary for the protection of life and
property, establishment of public order, and control of adverse conditions
• affecting public welfare resulting from an emergency, to the Mayor and/or
Village Council.
2
Section 8-5. Declaration of a State of Emergency
(a) The Mayor, Vice Mayor or Village Manager, in the order named, shall have the authority
to declare a local state of emergency. Upon the absence or unavailability of the Mayor,
Vice Mayor or Village Manager, the Acting Village Manager may issue such a
declaration.
(b) Any declaration of a local state of emergency and all emergency regulations activated
under the provisions of this Chapter shall be confirmed by the Village Council by
resolution no later than the next regular meeting, unless the nature of the emergency
renders a meeting of the Village Council extremely impractical. Confirmation of the
emergency declaration shall disclose the reasons for, and 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 under this Chapter shall include but not be limited to
the following subjects:
Resolution Subject
A Evacuation
13 Curfews; declaration of areas off limits
C Suspension or regulation of the sale of, or offer to sell, with or without
consideration: Alcoholic beverages, ammunition, firearms,
explosives, or combustibles
D Suspension of local building regulations
E Emergency procurement procedures
I' Regulating the use of and rationing of fuel, ice and other essentials
(d) A local state of emergency, when declared as provided herein, shall Continue in effect
from day to day for a period of seven (7) days unless declared terminated prior to the
passage of seven (7) days; should the local state of emergency be of a duration longer
than seven (7) days, the declaration may be extended, as necessary„ in seven (7) day
increments.
(e) When a local state of emergency is declared under this article the Village has the power
• and authority to waive the procedures and formalities otherwise required by law
pertaining to:
•
(1) Performance of public work in taking whatever prudent action is necessary to
ensure the health, safety and welfare of the Village.
(2) Entering into contracts.
(3) Incurring obligations.
(4) Employment of permanent and temporary workers.
(5) Utilization of volunteer workers.
(6) Rental of equipment.
(7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities.
(8) Appropriation and expenditure of public funds.
Section 8-5.1. Termination of a State of Emergency
A State of Emergency shall be terminated by a vote of the Village Council if practicable upon the
certification of the person who originally requested the declaration of the ate of Emergency, that the
conditions leading to or causing the emergency no longer exist and the Village's departments are able
to manage the situation without extraordinary assistance; provide that a State of Emergency established
under Florida Statutes Section 252.38 et seq., shall terminate at the end of a period of seven (7)
consecutive days after the declaration of the emergency, unless prior to the end of the seven (7) day
period, the Public official calling for or the Village Council has terminated such State of Emergency.
Any extension of the seven (7) day time period must be accomplished by a request from the public
official and concurrence of the Village Council by duly enacted resolution."
Section 3. Section 8-6 and 8-7, inclusive, are hereby added to Chapter 8 of the Code of
Ordinances to provide for the procedure declaring a state of emergency for civil disorders and
disturbances within the Village, and to read as follows:
"ARTICLE II. Civil Disorders and Disturbances.
Section 8-6. Mayor Designated Local Authority for Preservation of Public Peace.
7'he Mayor is hereby designated the local authority for preservation of the public peace, pursuant to
1~lorida State Statute 870.041.
4
Section 8-7. lleclaration of a State of Emergency.
• (a) Whenever the Director of Public Safety determines that there has been an act of violence
or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public
authority and 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 law, and substantial injury to persons or property, all of which constitute an
imminent threat to public peace or order and to the general welfare of the Village or a
part or parts thereof, he shall certify to the Village Manager, in writing, who in turn shall
certify to the Mayor, in writing, that an emergency exists within the Village or any part
or parts thereof.
(h) Whenever a state ofemergency is declared as stated above, the measures listed in Florida
State Statute 870.44 shall automatically be invoked.
(c) Any declaration of a state of emergency under this section shall be confirmed by the
Village Council through the Village Manager as soon as practical following the issuance
of the declaration. Confirmation shall include the reasons for, anticipated impacts of,
actions proposed and taken to manage the emergency, and other pertinent data relating
to the declaration.
(d) Whenever a state of emergency is declared under this section, the discretionary
emergency measures listed in Florida State Statute 870.045 may be invoked in whole or
in pari, with limitation and conditions as may be deemed appropriate.
(c) A state of emergency, when declared as provided herein, shall commence upon the
declaration thereof and shall terminate at the end of seventy-two (72) consecutive hours,
unless, prior to the end of such seventy-two (72) hour period, the Director of Public
Safety shall have recommended termination of the emergency. An extension of the
seventy-two (72) hour period must be accomplished by request of the Director of Public
Safety and concurrence of the Village Council, by duly enacted resolution.
(f) Upon the declaration of a state ofemergency under this section, a written notice of such
declaration shall be posted on the main bulletin board in Village Hall, and as promptly
as practical, a notice of declared state ofemergency shall be filed in the Office of the
Village Clerk or Clerk of the Circuit Court, and delivered to local news media for
publication and radio and television broadcast."
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is
for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
•
5
Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 6. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 14th DAY OF JUNE, 2001.
1'I,ACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF JUNE, 2001.
(VILLAGE SEAL)
A"1'TES7':
/'
VILLAGE CLERK
u