§ 8½-4. Emergency powers.

(a)

Upon the declaration of emergency as set forth herein, all of the provisions of this chapter shall immediately become effective at the order of the official declaring the emergency and shall remain effective until such time as the emergency shall terminate, unless earlier terminated. In the event that the emergency shall terminate, individual provisions of this section may be extended by the city commission for a specific period of time, and shall then be terminated by the city commission.

(b)

Restrictions as set forth in this section shall not pertain to the mayor or members of the city commission when acting in their official capacity.

(c)

Upon declaration of emergency as set forth in this chapter, the official designated in section 8½-1(d) shall have the power to declare any of the following powers to be in effect until such time as they shall cease to be effective as provided elsewhere in this chapter:

(1)

All procedures and formalities which are otherwise required as to the following shall be waived:

a.

Performance of public work and taking whatever prudent action is necessary to insure the health, safety and welfare of the community;

b.

Entering into contracts (including mutual aid agreements);

c.

Incurring obligations;

d.

Employment of permanent and temporary workers;

e.

Utilization of volunteer workers;

f.

Rental of equipment;

g.

Acquisition and distribution, with or without compensation, of supplies, materials and facilities;

h.

Appropriations and expenditures of public funds.

(2)

Declaration of a general curfew throughout the city as shall be deemed necessary. This provision shall not apply to those providing essential services including law enforcement, fire and medical services, and shall not apply to employees of the city or volunteers who are properly identified (including those from affiliated agencies) who may be specifically instructed to act during these hours.

(3)

Alcoholic beverages may be prohibited from sale or distribution, whether with or without payment or other consideration, within the municipal boundaries of the city, and appearances in a public place with a portable container containing any alcoholic beverage may be prohibited.

(4)

Limit or prohibit the use of water supplied by the city.

(5)

Regulation of ingress and egress of persons and vehicles into those zones which are declared to be off limits to the general public.

(6)

Entry into agreements for the rental of real property for purposes of storage, which real property may be located outside the limits of the city.

(7)

Permit employees to perform voluntary services for other governmental entities pursuant to mutual aid agreements.

(8)

The entry onto private property for purposes of clearing away debris and performing any emergency provisions which may be necessary for the health, safety and welfare of the community, whether before, during or after the emergency. Upon the declaration of a state of emergency, all private roads, whether or not within gated communities or associations, are hereby declared to be public roads for the purpose of ingress and egress during the period of the state of emergency, and for that time following the emergency until said debris is fully removed. Prior to the removal of the debris, any private association or community may exempt themselves from this provision in writing. However, if any private association or community exempts themselves from permitting public access for the purposes of debris removal, then the association or community shall itself be responsible for the timely debris removal and all associated costs to carry out the terms of this section. In addition, if any private association or community claims that the city would own them compensation for the right to declare their private road to be considered a public road for the purpose of ingress and egress in relation to said debris removal, then that association or community shall automatically be deemed exempt from this provision and shall itself be responsible for the timely debris removal and all associated costs to carry out the terms of this section. The terms of this section shall be deemed effective as of September 1, 2004.

(9)

The provision of food and shelter for any city employees who shall be utilized by the city during the emergency. The city shall further have the power to provide food and shelter at the city's expense for families of city employees. Such food and shelter for city employee families may be provided outside the limits of the city.

(10)

The prohibition, limitation and control of assemblies of persons.

(11)

The prohibition of the sale or transfer of possession, whether with or without payment or other consideration of gasoline or any other combustible or inflammable liquids, except for delivery, for propulsion purposes, into a vehicle used for transportation purposes which requires these liquids for propulsion purposes. The city shall have the power to prohibit the possession of these liquids in portable containers in public places.

(12)

The closure of any place of public assemblage.

(13)

The prohibition of possession or display of firearms or weapons, or of ammunition for firearms as permitted by Florida Statutes or other applicable laws. In the event of a riot, the prohibition of the sale or offer to sell, with or without consideration, of firearms or ammunition as permitted by Florida Statutes or other applicable laws. Firearms and weapons shall be defined as set forth in F.S. § 790.001. To the extent that Florida Statutes or other applicable laws do not allow prohibitions such as described herein, then this paragraph shall have no force or effect and shall be deemed null and void.

(14)

The power to confiscate merchandise, equipment, vehicles or property needed to alleviate any emergency condition. Reimbursement or return of the property in the same condition as it was when confiscated shall be made to the property owner within thirty (30) days of the termination of the emergency situation. Reimbursement shall be at the average retail price which was normally paid for that item during the ninety (90) days immediately preceding the emergency. The option of reimbursement or return shall be at the choice of the city.

(15)

No person, firm or corporation operating within the city shall charge more than the average retail price for any merchandise, goods or services sold during the emergency, or any extension thereof pursuant to subsection (a). The average retail price shall be defined to be that price at which similar merchandise, goods or services were being sold in the county during the ninety (90) days immediately preceding the emergency.

(16)

The city shall have such other powers as may be granted from time to time by Florida Statutes Chapters 252 and 870.

(d)

The city manager, or in his/her absence, the official designated in section 8½-1(d) shall have the power to change the benefits for managerial and confidential employees as circumstances may dictate and as he/she determines to be necessary during a declared state of emergency.

(Ord. No. 93-173, § 2, 4-25-94; Ord. No. 99O-4-123, § 1, 4-26-99; Ord. No. 04O-09-216, § 1, 10-12-04; Ord. No. 05O-11-205, § 1, 11-28-05; Ord. No. 11O-08-147, § 1, 9-14-2011)