HomeMy Public PortalAbout2005-16 Amending the Village Code Emergency ManagementORDINANCE NO. 2005-16
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
CREATING CHAPTER 9 "EMERGENCY MANAGEMENT"
TO PROVIDE NECESSARY AND APPROPRIATE
EMERGENCY MANAGEMENT AUTHORIZATIONS,
RESPONSIBILITIES AND PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is necessary for the Village Council to provide specific procedures applicable
to emergency management and to delegate necessary authority to the Village Manager, as provided
herein; and
WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best
interest of the health, safety and welfare of the residents of the Village.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne,
Florida, is hereby amended by creating Chapter 9 "Emergency Management" to read as follows:'
CHAPTER 9. EMERGENCY MANAGEMENT
Sec. 9-400. Definitions.
As used in this Chapter:
1/ Proposed deletions from existing Village Code text are indicated by strike -through; proposed
additions to existing Village Code text are indicated by underline.
Average Retail Price shall mean the price at retail for merchandise, goods or services at which
similar merchandise, goods or services were being sold immediately preceding a declaration of
public emergency.
Village Manager shall mean the Village Manager of the Village of Key Biscayne or her designee.
Emergency shall mean a condition which threatens or adversely affects the public health, safety,
general welfare 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 imminent threatened act of war, riot, terrorism, mob or other acts of violence; from conflagration,
explosion, hazardous materials incident or release; from a weather event such as a flood, hurricane
or tornado; from a disruption in the Village's utility, or other utility system; or from any other cause,
reason, condition or circumstance.
Sec. 9-401. Applicability of provisions.
All officers, employees, contractors, subcontractors, vendors, boards and other agencies of the
Village are subject to the provisions of this Chapter.
Sec. 9-402. Emergency management structure.
(a) The Village Manager shall perform the functions of Director of Emergency Management and
shall implement, manage and report on all actions authorized and taken under the provisions of this
Chapter.
(b) The Village Manager or the Village Manager's designee shall plan for the coordination of those
actions necessary for the creation and maintenance of an effective emergency response capability to
prepare for and manage emergency conditions.
Sec. 9-403. Powers, duties and responsibilities.
The Village Manager, when acting as the Director of Emergency Management, shall have the
following powers, duties and responsibilities.
(1) To declare a state of emergency pursuant to section 9-404 and to inform the Mayor and the
Village Council of the reasons for and status of events requiring the declaration.
(2) To direct the creation, revision and the exercise of emergency response plans consistent with
State and County emergency plans for the mitigation of, preparation for, response to, and recovery
from emergencies, and to exercise all powers permitted by F.S, ch. 252.
(3) To recommend funding to the Village Council for the creation and maintenance of an
emergency response capability as provided in this Chapter.
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(4) To issue 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.
(5) To plan for and develop an emergency operations control center to include equipment,
manning, and operational procedures necessary to the management and control of emergency
conditions.
(6) To develop and manage the Village's emergency awareness public information program.
(7)
To apply for public assistance or other disaster relief funding.
(8) To expend necessary Village funds for emergency relief and for disaster recovery from the
Reserve Fund authorized by Section 25-3 of the Village Code. The Village Council may, by
resolution, establish procedures which apply to this paragraph (8).
Sec. 9-404. Declaration of a state of emergency.
(a) The Village Manager shall have the sole authority to declare a state of emergency hereunder.
(b) Any declaration of a state of emergency and all emergency regulations activated under the
provisions of this Chapter and any emergency expenditures made hereunder pursuant to Section 9-
403(8) shall be confirmed by the Village Council by resolution no later than at the next regular
meeting, unless the nature of the emergency renders a meeting of the Village Council impossible.
Confirmation of the emergency declaration shall disclose the reasons for actions proposed and taken
to manage the emergency, and other pertinent data relating to the emergency requiring the
declaration.
(c) Emergency resolutions or orders authorized by this article may include, but are not limited to,
the following subjects:
(1) Evacuation;
(2) Curfews; declaration of areas off limits;
(3) Suspension or regulation of the sale of, or offer to sell, with or without consideration: alcoholic
beverages; ammunition; firearms; explosives; or combustibles;
(4) Prohibiting the sale of merchandise, goods or services at more than the average retail prices;
(5) Water use restrictions;
(6) Suspension of local building regulations;
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(7) Regulating the use of and rationing of fuel, ice and other essentials;
(8) Emergency procurement procedures.
(d) A declaration of a state of emergency shall activate the emergency plans applicable to the
Village. A declaration of a state of emergency shall automatically invoke the emergency measures
listed in F.S. § 870.044, if the emergency relates to overt acts of violence or the imminent threat of
such violence.
(e) A state of emergency, when declared, shall continue in effect from day to day until declared
to be terminated by the Village Manager or Village Council, in accordance with Section 9-405.
(f) Upon the declaration of a state of emergency, the Village Manager shall post a written notice
of such declaration upon the main bulletin board in Village Hall, and shall, as promptly as
practicable. file in the office of the Village Clerk a notice of a declared state of emergency, or
emergency measure declared or ordered and promulgated by virtue of Florida Statutes. The Village
Manager shall notify the local media and residents as soon as possible and in the manner most
practicable and expeditious;
(g) The Village Manager may issue orders pursuant to this Chapter and may elect to adopt orders
issued by County or State emergency management agencies.
Sec. 9-405. Termination of a state of emergency.
A state of emergency shall be terminated by a vote of the Village Council if practicable or upon the
certification of the Village Manager that the conditions leading to or causing the emergency no
longer exist and the Village's agencies and departments are able to manage the situation without
extraordinary assistance; provided, that a state of emergency established under F.S. §§ 870.041--
870.046 shall terminate at the end of a period of 72 consecutive hours after the declaration of the
emergency, unless, prior to the end of the 72 -hour period. the Village Manager or the Village
Council has terminated such state of emergency. Any extension of the 72 -hour time by the Village
Manager must be confirmed by the Village Council by resolution at the next regular meeting, unless
the nature of the emergency renders a meeting of the Village Council impossible. Notice of
termination of the emergency declaration shall be made to the public by the Village Manager by the
same means as the notice of the declaration of the state of emergency.
Sec. 9-406. Police emergencies.
(a) An emergency may be declared because of civil unrest or imminent threat to public peace or
order when the Chief of Police, or if unavailable, the next highest ranking officer in the Police
Department chain of command certifies to the Village Manager that an emergency condition arising
from hostile actions of others, armed or unarmed or other imminent threat to public peace or order,
requires extraordinary measures for control, including, but not limited to curfew; blockade;
proscription of the sale of firearms, other weapons or alcohol beverages; explosives and
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combustibles; evacuation; and other similar actions. The Village Manager may issue a declaration
of a state of emergency in accordance with Section 9-404.
(b) The declaration of a state of emergency because of civil unrest or imminent threat to public
peace or order, shall authorize the issuance of emergency resolutions or orders and other appropriate
resolutions or orders. as may be required and may, if applicable, require automatic emergency
measures pursuant to F.S. § 870.044. In addition, additional discretionary emergency measures
pursuant to F.S. § 870.045 may be issued.
Sec. 9-407. Fire and hazardous materials emergencies.
(a) An emergency may be declared because of fire or a hazardous materials incident emergency
when the Fire Chief or the designee of the Fire Chief certifies to the Village Manager that an actual
or potential condition arising from fire, explosion, chemical spill or release, 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; assistance by outside
agencies: evacuation; and other similar actions. The Village Manager may issue a declaration of a
state of emergency in accordance with Section 9-404,
(b) The declaration of state of emergency because of fire and hazardous material emergency shall
authorize the issuance of emergency resolutions or orders and other appropriate resolutions or orders,
as may be required.
Sec, 9-408. Utility emergencies.
(a) An emergency may be declared because of utility conditions when the Public Works Director
or the designee of the Public Works Director or the Chief Operating Officer or the designee of the
Chief Operating Officer of the relevant county or public utility certifies to the Village Manager that:
(1) A condition exists or is imminent that endangers the safety. potability. quantity, availability.
collection, conveyance, transmission, distribution, treatment, or storage of water or waste water
through or within the water or waste water utility system serving the Village; or
(2) A condition exists or is imminent that endangers the safety, quality, quantity, availability,
transmission, distribution, or storage of gas or electricity Through or within the Village area of the
electrical or gas utility system(s); 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 similar actions.
(b) The declaration of a state of emergency because of utility conditions shall authorize the
issuance of emergency resolutions or orders. and other appropriate resolutions or orders, as may be
required.
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Sec. 9-409. Weather emergencies.
(a) An emergency may be declared because of weather conditions when the national weather
service or a State, County or local emergency management agency informs the Village or the public
that emergency conditions resulting from meteorological conditions are present or imminent.
Meteorological conditions covered by this section shall include, but are not limited to hurricane,
floods. tornados, or other severe weather conditions and theresults therefrom. The Village Manager
may issue a declaration of a state of emergency in accordance with Section 9-404.
(b) The declaration of a state of emergency because of weather conditions shall authorize the
issuance of emergency resolutions or orders and other appropriate resolutions or orders, as may be
required.
Sec. 9-410. Suspension of local building regulations,
The Village Manager may authorize a suspension of local building regulations during and following
a declared state of emergency when the Chief Building Official certifies to the Village Manager that
such action is necessary for the expeditious restoration of property damaged by the emergency event,
unless terminated by the Village Council. 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
emergency housing to disaster victims. The Chief 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 Village Manager.
Sec. 9-411. Certification of emergency conditions.
A certification of emergency conditions to the Village Manager may be verbal, but each verbal
certification shall be confirmed in writing within 24 hours following an emergency declaration.
Sec. 9-412. Penalty.
Any person. firm or corporation who violates any provision of this Chapter or orders issued
hereunder, for which another penalty is not specifically provided herein or required by law shall,
upon conviction., be subject to such fine or imprisonment or both as provided by section 1-14 of the
Village Code. Each day that a violation shall continue to exist shall constitute a separate offense.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
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legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the Village Council, and
it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code
of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED AND ADOPTED on first reading this 6th day of September, 2005.
PASSED AND ADOPTED on second reading this 11th day of October, 2005.
/0614,1.4 L.--:-,
MAYOR ROBERT OLDAKOWSKI
lkadi/e,
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AST 1 F • RM AND LEGAL SUFFIC
VILLAGE A 0
F:\100\ 103001 \ordinances\Emergency Management - Article IX.doc
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE CREATING
CHAPTER 9 "EMERGENCY MANAGEMENT", ETC. - 10/11/2005
in the XXXX Court,
was published in said newspaper in the issues of
09/29/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade 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 or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this a Srtiseme lication in the said
newspaper.
Sworn to and subscribed before me this
29 - - - SEPTEMBE
(SEAL)
O.V. FERBEYRE personally know
.D. 2005
et tNr..Maria I. Mesa
•
i My Commission DD293855
Expires March 04, 2008
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered on
SecondFeadingby the Village Council of the Village of Key Biscayne at a
meeting to be held on Tuesday, October 1 t, 2005 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
'AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING THE VILLAGE 'CODE BY CREATING CHAPTER 9
"EMERGENCY MANAGEMENT" TO PROVIDE GARY AND AP-
PROPRIATE EMERGENCY MANAGEMENT AUTHORIZATIONS,. RE-
SPONSIBILiT1ES AND PROCEDURES; PROVIDING FOR SEVERA-
BIL1iY; PROVIDING FOR INCLUSION` IN CODE;- PROVIDING FOR
PENALTY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at theOffice of
the Village Clerk. interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinance. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all
persons who are ditiabled-and who need special accommodations to par-
ticipate in this proceeding because of that disability should contact the Of-
fice of the Village Clerk, 88; West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 365-5506, not later
than two business days prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings.is made including all
testimony and evidence upon which any appeal may be based (F.S.
'286.0105).
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
Village Clerk
9/29 05-4-04/590317M