3998ORDINANCE NUMBER 3998 CiTY OF SANFORD, FLORIDA
An Ordinance of the City Commission of the City of
Sanford, Florida, relating to emergency management;
providing for legislative findings and intent; providing
for the approval and adoption of a comprehensive
emergency management plan; providing for a definition;
providing for declarations of states of local emergency
and the authority to declare states of local emergency;
providing for proclamations to activate emergency
management plans; providing for the effect and purpose
of states of local emergency; providing for a limit of
authority; providing for penalties and enforcement;
providing for severability; providing for codification;
providing for conflicts; and providing an effective date.
WHEREAS, recant events in the Nation, the State of Florida and the City of
Sanford have resulted in the conclusion that the City of Sanford requires additional
emergency planning and management activities to ensure that the public health, safety
and welfare of the citizens of the City of Sanford are protected in emergency events
which threaten life and property; and
WHEREAS, Section 252.38(3), Florfda Statutes, provides authority for local
governments such as the City of Sanford to take actions in local emergency situations
and to waive the procadures and formalities otherwise required of political subdivisions
by law pertaining to:
1. Performance of public work and taking whatever action is necessary to
ensure the health, safety, and welfare of the community;
2. Entering into contracts;
3. Incurring obligations;
4. Employment of permanent and temporary workers;
Utilization of volunteer workers;
Rental of equipment;
Acquisition and distribution, with or without compensation, of supplies,
materials and facilities; and
Appropriation and expenditure of public funds; and
WHEREAS, the City Commission of the City of Sanford desires to take additional
steps and delegate additional authority to the City Manager, or designees, in order that
the citizens of the City of Sanford may be adequately protected from the damages and
destruction resulting from the impacts of emergencies such as hurricanes and related
adverse weather events and the resulting hazards and dangers arising and resulting
from disastrous events as well as future potential adverse situations and effects that
may occur; and
WHEREAS, the City Commission of the City of Sanford desires to approve and
adopt the Comprehensive Emergency Management Plan developed and proposed by
the City Manager and his staff to address future emergencies that may occur within the
jurisdictional limits of the City of Sanford.
NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE/ADMINISTRATIVE INTENT AND
FINDINGS/ADOPTION OF cOMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
(a). The above recitals are hereby adopted by the City Commission as part of
the intent and findings relating to this Ordinance.
(b). The City Commission finds and declares that in order to protect and
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safeguard the safety, health and welfare of the citizens of the City, the emergency
regulations contained in this Ordinance are necessary from time-to-time.
(c). It is the intent of the City Commission to designate a City official to declare
local states of local emergency in the event of a natural or manmade disasters er
emergencies, or the imminent threat thereof, and to authorize certain necessary actions
relating thereto when a quorum of the City Commission is unable to meet.
(d). Consistent with the intent of this Ordinance, and to ensure the smooth
operation and functioning of City government during times when states of emergency
have been declared, the use of the term "Vice Mayor," as set forth herein, shall mean
the City Commissioner appointed as "acting mayor" under the terms and conditions of
Section 2.03 of the Charter of the City of Sanford.
SECTION 2. DEFINITION OF EMERGENCY.
The term "emergency" means any occurrence, event, disaster or threat thereof,
whether accidental, natural, or caused by man, in war or peace, which results or may
result in substantial injury or harm to the population of the City of Sanford or substantial
damage to or loss of property within the City of Sanford.
SECTION 3. AUTHORITY TO DECLARE STATES OF LOCAL EMERGENCY.
Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of
procedures and formalities otherwise required of political subdivisions to take whatever
prudent action is necessary to ensure the health, safety and welfare of the community in
the event of a state of local emergency, when a quorum of the City Commission is
unable to meet, the City Manager, is empowered to declare local states of local
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emergency whenever determined that a natural or manmade disaster or emergency has
occurred or that the occurrence or threat of one is imminent and requires immediate and
expeditious action. To the extent permitted by the provisions of State law, the City
Manager shall, as necessary, convene meetings of the City Commission with members
of the City Commission attending, as appropriate, by telephone or other electronic
means. The City Manager may rely upon actions of the City Commission for guidance
and direction notwithstanding the absence of a legal quorum; provided, however, that
the City Manager's taking of necessary emergency actions shall not be conditioned
upon the actual receipt of any such guidance or direction in dealing with emergency
situations~
SECTION 4, PROCLAMATION; TERM,
A state of local emergency shall be declared by proclamation of the City
Manager; provided, however, that the City Manager, as soon as practicable shall
request the Mayor, or Vice Mayor, in the absence of the Mayor, to issue a proclamation
affirming the determination of the City Manager. The state of local emergency shall
continue for a maximum period of seven (7) days, but may re-instituted for additional
pedods not to exceed seven (7) days, until the City Manager or the City Commission
finds that the threat of danger no longer exists and terminates the state of local
emergency by proclamation.
SECTION 5. EMERGENCY MANAGEMENT PLANS; PROCLAMATION TO
ACTIVATE.
(a). The City Commission recognizes that the City Manager shall develop from
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time-to-time, in conjunction with the Fire Chief, Police Chief and City Attorney,
emergency management plans which shall provide for the maintenance of public safety,
public services and good order within the City of Sanford during the time of emergency
and the resulting impacts from such emergencies.
(b). A proclamation issued by the City Manager, the Mayor, or Vice Mayor, as
set forth herein declaring a state of local emergency, shall activate the emergency
management plans applicable to the City and shall be the authority for use or
distribution of any supplies, equipment, materials or facilities assembled or arranged to
be made available pursuant to such plans. Said proclamation shall also institute
coordination activities with Seminole County in accordance with the provisions of State
law.
SECTION 6. EFFECT AND PURPOSE OF STATE OF LOCAL EMERGENCY.
(a). Upon the declaration of a state of local emergency pursuant to this
Ordinance, the state of local emergency shall be effective during the period of such
local emergency for the duration of the pedod of time established in the applicable
proclamation or as otherwise provided by State law, to protect the health, safety and
welfare of the citizens of Sanford and those other persons residing in, traveling in or
conducting business in the City.
(b). The City Manager, is hereby vested and delegated with the power and
authority to take all actions necessary to address the emergency situations that may
arise as a result of local emergencies.
(c). Without limiting the generality of the provisions of Subsection 6(b), the City
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Manager is hereby vested and delegated with the power to accomplish the following
actions:
(1). To waive and dispense with any and all purchasing or procurement
policies and practices of the City in order to address and respond to emergency
conditions and associated impacts and in order that the City will be in a position to
respond to the day-to-day exigencies that may arise and procure necessary goods and
services to protect the public health, safety and welfare.
(2). To issue development permits to allow the reconstruction and
repair of non-conforming structures that have been damaged.
(3). To issue development permits and construction permits without
assessing customary fees and charges for activities that pertain to the restoration and
rehabilitation of any and all structures damaged.
(4). To suspend the watering or irrigation of properties in the event that
the City's water supplies or water supply system or facilities is or are threatened with
harm or an inability to function at a level that is consistent with the protection of the
public health, safety and welfare.
(5). To permit tree removal, notwithstanding the requirements of any
code or ordinance, in order to protect the public safety and prevent property damage
from occurring.
(6). Suspend or limit the sale, dispensing or transportation of alcoholic
beverages, firearms, explosives and combustibles.
(7). Establish curfews including, but not limited to, the prohibition of or
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restrictions on pedestrian and vehicular movement, standing and perking, except for the
provision of designated essential services, such as fire, police, emergency medical
services and hospital services to include, but not be limited to, the transportation of
patients, utility emergency repairs and emergency calls by physicians. If the Seminole
County Sheriff or the City Police Chief, as the case may be, advises the City Manager
that a curfew may be in the public interest and protect the public health, safety, and
welfare, the City Manager may issue a proclamation that a curfew be in effect. A copy of
the proclamation shall be delivered by the Seminole County Shedff or the City Police
Chief, as the case may be, to the Mayor and each member of the City Commission as
soon as practicable after its issuance by the City Manager and copies of the
proclamation shall be posted at such places and locations as the City Manager shall
deem practicable under the circumstances. The City Manager, as soon as practicable,
shall request the Mayor, or Vice Mayor, in the absence of the Mayor, to issue a
proclamation affirming the determination of the City Manager.
(8). Utilize all available resources of the City Government as reasonably
necessary to cope with the emergency.
(9). Declare certain areas within the City off limits.
(10). Make provisions for the availability and use of temporary
emergency housing and the emergency warehousing of materials.
(11). Establish emergency operating canters and shelters in addition to
or in place of those provided in Seminole County's or the City's emergency
management plans.
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(12). To prohibit the use of fresh water supplied by the City for any
purpose other than cooking, drinking or bathing.
(13). Confiscate merchandise, equipment, vehicles or property needed to
alleviate the local emergency. Reimbursement to the owner shall occur within sixty (60)
days and at customary value charged for the items during ninety (90) days previous to
the state of local emergency.
(14). To call on the National Guard of the Army, public safety officials
and law enforcement officials as necessary to assist in the mitigation of the local
emergency or to help maintain law and order, rescue and traffic control.
SECTION 7. LIMIT OF AUTHORITY.
Nothing in this Ordinance shall not be construed to limit the authority of the
Mayor or the City Commission to declare or terminate a state of local emergency and
take any action authorized by law relative to emergency preparedness, disaster relief or
any similar subject or matter.
SECTION 8. ADMINISTRATIVE RULES.
The City Manager is hereby authorized to adopt administrative rules that are
deemed necessary and appropriate to implement the provisions of this Ordinance.
SECTION 9. VIOLATION; PENALTIES.
(a). Any person or persons convicted of violating any of the provisions of this
Ordinance including, but not limited to, any proclamation or rule adopted under the
provisions of this Ordinance, shall be punished by a fine of not more than Five Hundred
and no/100 Dollars ($500.00), plus costs of prosecution, or by imprisonment for not
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more than sixty (60) days, or by both such fine, costs and imprisonment in the discretion
of the Court.
(b). The provisions of this Ordinance may be enforced by any and all lawful
means by the City pursuant of all codes and ordinances duly adopted by the City
Commission or as may otherwise be available to the City pursuant to State law and
nothing contained in this Ordinance shall prohibit the City from enforcing this Ordinance
by other means set forth in the City's codes and ordinances, provided in the statutory
law of the State of Florida, or otherwise available to the City.
SECTION 10. CONFLICTS.
All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
SECTION 11. SEVERABILITY.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
SECTION 12. CODIFICATION.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance as set forth in the Exhibit shall
become and be made a part of the Code of Ordinances of the City of Sanford, Flodda
(City Code); that the Sections of this Ordinance may be renumbered or m-entered to
accomplish such intention; that the word, "Ordinance," may be changed to "Section,"
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"Article," or other appropriate word; provided, however, that Sections 10, 11, 12 and 13
shall not be codified. The City's Code codifier is granted broad and liberal authority to
codify the provisions of this Ordinance.
SECTION 13. EFFECTIVE DATE.
This Ordinance shall take immediate effect upon enactment.
PASSED and ADOPTED this 10th day of July, 2006.
ATTEST:
JANET DOUGHERTY, ~ CLERK
Cl?Y COMMISSION OF THE CrrY OF
SANFORD
LINDA KUHN, MAYOR
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Flodda, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3998, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Flodda, on the 10th day of
July, 2006, was posted at the front door of the City Hall in the City of Sanford Flodda, on
the 12th day of July, 2006.
JANET DOUGHERTY O'
As the City Clerk of the City
of Sanford, Florida
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