2000-10 ORDINANCE NO. 2000-10
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF AVENTURA, CHAPTER 2, ENTITLED
"ADMINISTRATION" BY CREATING ARTICLE VIII
SECTIONS 2-400 - 2-412 ENTITLED "EMERGENCY
MANAGEMENT;" PROVIDING A FRAMEWORK FOR THE
DECLARATION OF EMERGENCIES, PROVIDING FOR
DEFINITIONS, AND AN EMERGENCY MANAGEMENT
STRUCTURE; PROVIDING FOR A DECLARATION OF A
STATE OF EMERGENCY, TERMINATION OF A STATE
OF EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY
EMERGENCIES, WEATHER EMERGENCIES, THE
SUSPENSION OF LOCAL BUILDING REGULATIONS,
AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR REPEAL,
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, it is the intent of the City Commission of the City of Aventura,
Florida, by enacting this legislation, to provide the necessary organization, powers and
authority to enable the timely and effective use of all available City resources to
prepare for, respond to, and recover from emergencies, natural and man-made, which
may affect the security, safety, general welfare or health of the City of Aventura and its
residents; and
WHEREAS, it is the intent of the City Commission that nothing contained within
this ordinance shall relieve City Departments of their normally assigned duties,
responsibility and functions; and
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Page 2
WHEREAS, it is the intention of the City Commission to address all types of
emergencies including, but not limited to, the preservation of the public peace as
defined in Florida Statutes Section 870.041 et seq; and
WHEREAS, the City Commission is authorized to create emergency
management plans, pursuant to Chapter 252, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section '1. Chapter 2, entitled "Administration," of the City Code is amended to
create Article VIII "Emergency Management" consisting of Sections 400 - 412 to read
as follows:
Article - VIII Emergency Management
Section 2-400. Definitions.
As used in this Article:
(A) "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
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Page 3
disruption in the City's utility, or other utility system; or from any
other cause, reason, condition or circumstance.
(B) "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.
(C) "City Manager" shall mean the City Manager of the City of Aventura
or his designee.
Section 2-401. Applicability of Provisions.
All officers, employees, contractors, subcontractors, vendors, boards and other
agencies of the City are subject to the provisions of this Article.
Section 2-402. Emergency Management Structure.
(A) The City 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
Article.
(B) The City Manager or the City 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.
Section 2-403. Powers, Duties and Responsibilities.
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The City Manager, when acting as the Director of Emergency Management, shall
have the following powers, duties and responsibilities.
(A) To declare a state of emergency pursuant to Section 2-404 and to
inform the Mayor and the City Commission of the reasons for and
status of events requiring the declaration.
(B) 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 Chapter
252, Florida Statutes.
(C) To recommend funding to the City Commission for the creation and
maintenance of an emergency response capability as provided in
this Ordinance.
(D) 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.
(E) 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.
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(F) To develop and manage the City's emergency awareness public
information program.
(G) To apply for public assistance or other disaster relief funding.
Section 2-404. Declaration of a State of Emergency
(A) The City Manager shall have the sole authority to declare a state of
emergency.
(B) Any declaration of a state of emergency and all emergency
regulations activated under the provisions of this Article shall be
confirmed by the City Commission by resolution no later than at the
next regular meeting, unless the nature of the emergency renders
a meeting of the City Commission 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;
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(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;
(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 City. A declaration of a state of emergency
shall automatically invoke the emergency measures listed in
Section 870.044, Florida Statutes, 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 City Manager or
City Commission, in accordance with Section 2-405.
(F) Upon the declaration of a state of emergency, the City Manager
shall post a written notice of such declaration upon the main
bulletin board in Government Center, and shall, as promptly as
practicable, file in the office of the City Clerk a notice of a declared
state of emergency, or emergency measure declared or ordered
and promulgated by virtue of Florida Statutes. The City Manager
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shall notify the local media and residents as soon as possible and
in the manner most practicable and expeditious.
(G) The City Manager may issue orders pursuant to this Article and
may elect to adopt orders issued by County or State emergency
management agencies.
Section 2-405. Termination of a State of Emergency.
A state of emergency shall be terminated by a vote of the City Commission if
practicable or upon the certification of the City Manager that the conditions
leading to or causing the emergency no longer exist and the City's agencies and
Departments are able to manage the situation without extraordinary assistance;
provided, that a state of emergency established under Sections 870.041 -
870.046, Florida Statutes shall terminate at the end of a period of seventy-two
(72) consecutive hours after the declaration of the emergency, unless, prior to
the end of the seventy-two (72) hour period, the City Manager or the City
Commission has terminated such state of emergency. Any extension of the
seventy-two (72) hour time by the City Manager must be confirmed by the City
Commission by resolution at the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission impossible. Notice of
termination of the emergency declaration shall be made to the public by the City
Manager by the same means as the notice of the declaration of the state of
emergency.
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Section 2-406. 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 City 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
combustibles; evacuation; and other similar actions. The City Manager
may issue a declaration of a state of emergency in accordance with
Section 2-404.
(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 Section 870.044, Florida Statutes. In
addition, additional discretionary emergency measures pursuant to
Section 870.045, Florida Statutes may be issued.
(C) A state of emergency may be declared because of fire and hazardous
materials emergencies, utility emergencies, and weather emergencies
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when the Chief of Police, or if unavailable, the next highest ranking officer
in the Police Department chain of command certifies to the City Manager
that an emergency condition exists. The City Manager may issue a
declaration of a state of emergency in accordance with Section 2-404.
(D) The declaration of a state of emergency pursuant to Section 2-404
because of fire or hazardous materials emergencies, utility emergencies,
and weather emergencies shall authorize, respectively, the issuance of
emergency resolutions or orders.
Section 2-407. Fire and Hazardous Materials Emergencies.
(A) An emergency may be declared because of fire or a hazardous materials
incident emergency when the Miami-Dade County Fire Chief or Police
Chief, or the designee of the Miami-Dade County Fire Chief or Police
Chief certifies to the City 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 City Manager may issue a declaration of a
state of emergency in accordance with Section 2-404.
(B) The declaration of state of emergency because of fire and hazardous
material emergency shall authorize the issuance of emergency
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resolutions or orders and other appropriate resolutions or orders, as may
be required.
Section 2-408. Utility Emergencies
(A) An emergency may be declared because of utility conditions when the
Director of Community Services or the designee of the Director of
Community Services or the Chief Operating Officer or the designee of the
Chief Operating Officer of the relevant franchise utility certifies to the City
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 City; 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 franchised 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; cell-in
of off-duty personnel; assistance by other communities and
agencies; and other similar actions.
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The City Manager may issue a declaration of a state of emergency in
accordance with Section 2-404.
(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.
Section 2-409. 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 City 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 the results therefrom. The City Manager may issue a
declaration of a state of emergency in accordance with Section 2-404.
(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.
Section 2-410. Suspension of Local Building Regulations.
The City Manager may authorize a suspension of local building regulations
during and following a declared state of emergency when the Chief Building
Official certifies through the Director of Community Development to the City
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Manager that such action is necessary for the expeditious restoration of property
damaged by the emergency event, unless terminated by the City Commission.
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 City Manager.
Section 2-411. Certification of Emergency Conditions.
A certification of emergency conditions to the City Manager may be verbal, but
each verbal certification shall be confirmed in writing within twenty-four (24)
hours following an emergency declaration.
Section 2-412. Penalty.
Any person, firm or corporation who violates any provision of this Article, 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 1-11 of the City Code. Each day that a violation shall continue to exist
shall constitute a separate offense.
Section 2. Repeal. All ordinances or parts of ordinances in conflict or
inconsistent with this Ordinance are repealed~
Section 3. Severability, If any word, clause, phrase, sentence, paragraph or
section of this Ordinance is held to be invalid by a court of competent jurisdiction, such
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declaration of invalidity shall not affect any other word, clause, phrase, sentence,
paragraph or section of this Ordinance.
Section 4, Inclusion in the (;ode. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; 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 $. Effective Date. This Ordinance shall be effective upon passage
by the City Commission on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Commissioner
Holzberg, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Pedow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on second reading. The motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
AIM
Ordinance No. 2000-10
Page 14
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this 4th day of April, 2000.
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ARTHUR I. SNYDER, MAYOR
ATTEST:
SA M. S' ' • ,, c C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI ATTORNEY