7495-05
ORDINANCE NO. 7495-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO DECLARATIONS OF A STATE
OF EMERGENCY; AMENDING SECTION 15.07,
CLEARWATER CODE OF ORDINANCES, TO CLARIFY
THE PROCEDURES FOR DECLARING A STATE OF
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the confirmation by resolution within five working days of a
declaration of state of emergency is not required; and
WHEREAS, the procedures for declaring a state of emergency should
reflect the procedures contained in Section 252.38(3)5. Florida Statutes (2004);
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 15.07, Code of Ordinances, is hereby amended to read as
follows:
Sec. 15.07. Declaration of state of emergency.
(1) The mayor, vice-mayor, city manager, and assistant city manager, in the
order named, shall have the authority to declare a state of emergency by
proclamation. Upon the absence or unavailability of the mayor, the vice-mayor
may issue such a declaration, and upon the absence or unavailability of the mayor
and the vice-mayor, the city manager or, upon the absence of unavailability of the
city manager, an assistant city manager, may issue such a declaration.
(2) Any declaration of a state of emergency and all emergency regulations
activated under the provisions of this chapter shall be confirmed by the city council
city commission by resolution within five ':.Iorking d:1Ys of such decl:1r:1tion or at the
next regularly scheduled meeting of the city council. city commission, 'J'Jhichever
occurs first, unless the nature of the emergency renders :1 meoting of the city
commission extremely impractical. Confirmation of the emergency declaration
shall disclose the reasons for, anticipated impacts of, actions proposed and taken
to manage the emergency, and other pertinent data relating to the emergency
requiring the declaration.
(3) Emergency resolutions authorized by this chapter shall include but are not
limited to the following subjects:
Ordinance No. 7495-05
(3) Emergency resolutions authorized by this chapter shall include but are not
limited to the following subjects:
Resolution
Subject
A
Evacuation
B
Curfews; declaration of areas off limits
C
Suspension or regulation of sale of
alcoholic beverages, firearms, explosives
or combustibles
D
Prohibiting the use of merchandise,
goods or services at more than the
normal average retail price
E
Water use restrictions
F
Suspension of local building regulations
G
Rationing of fuel, ice and other essentials
H
Emergency procurement procedures
Gas use restrictions
(4) A declaration of a state of emergency shall activate the emergency plans
applicable to the city.
(5) The duration of each state of emerQency is limited to 7 days and may be
extended. as necessary. in 7-day increments. ^ st3te of emergency, when
declared as provided in this section, shall continue in effect from day to day until
decl3rod to be terminated.
(6) 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 the city hall, and
shall notify by telephone not less than two newspapers of general circulation within
the city, at least three television stations and at least three radio stations
broadcasting in Pinellas or Hillsborough Counties. When practicable, the city
manager shall also cause the written notice to be published, in its entirety, at least
four days each week in a newspaper of general circulation in the city until the state
of emergency is declared to be terminated.
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Ordinance No. 7495-05
(7) It shall be unlawful for any person to violate the provIsions of any
emergency resolution authorized by this chapter after first being warned by a law
enforcement officer.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
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Frcrf1k V. Hibbard .
Mayor
Attest:
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Ordinance No. 7495-05