§ 2-3. Emergency management powers.

Upon declaration of a state of local emergency and during the existence of a declared state of local emergency, the mayor or designated city official, in addition to any other powers conferred upon the mayor or designated city official by F.S. ch. 252, F.S. ch. 870, F.S. ch. 166, or other law, has the power and authority to:

(1)

Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the city if the mayor or designated city official deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery.

(2)

Waive the procedures and formalities otherwise required of the city by law or ordinance pertaining to:

a.

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

b.

Entering into contracts;

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.

Appropriation and expenditure of public funds.

(3)

Prohibit or regulate travel upon any public street, highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service necessary to sustain the well being of themselves or their families or some member thereof may be excepted from such prohibition or regulation.

(4)

Impose a curfew upon all or any portion of the city thereby prohibiting persons from being on public streets, highways, parks or other public places during the hours which the curfew is in effect. The duration and application of the curfew shall be tailored to meet the specific emergency.

(5)

Prohibit any person, firm, or corporation from using the fresh water supplied by the city for any purpose other than cooking, drinking or bathing.

(6)

Prohibit the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor.

(7)

Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment and any other place of public assembly.

(8)

Prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any of the public rights-of-way or upon any public property.

(9)

Authorize the right of access to city staff and city contracted agents to enter private roads or gated communities to remove post-disaster debris as necessary to eliminate any immediate threat to public health and safety, to reduce the threat of additional damage to improved property, and to promote economic recovery of the community at large.

(10)

The restrictions referenced in subsections (3) through (7) above may exempt, from all or part of such restrictions, physicians, nurses and ambulance operators performing medical services, on-duty employees of hospitals and other medical facilities, on-duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, city authorized or requested fireman, law enforcement officers and emergency management personnel and such other classes of persons as may be essential to the preservation of public order and immediately necessary to preserve safety, health and welfare needs of the people within the city.

(Ord. No. 3808-04, § 1, 9-27-2004; Ord. No. 3885-05, § 1, 7-11-2005; Ord. No. 4366-11, § 1, 9-6-2011)