5596-94
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ORDINANCE NO. 5596-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELA TI NG TO EMERGENCY MANAGEMENT; AMEND I NG SECTI ON 1.12,
CODE OF ORDINANCES, TO ENHANCE THE PENALTY FOR A
V I OLA TI ON OF ANY PROV I S ION OF CHAPTER 15, CODE OF
ORDINANCES, RELATING TO EMERGENCY MANAGEMENT, BY ADDING
IMPRISONMENT FOR A TERM NOT EXCEEDING 60 DAYS, OR BY
BOTH A FINE AND IMPRISONMENT, AS POSSIBLE PENALTIES IN
ADDITION TO A FINE NOT EXCEEDING $500.00, AS MAY BE
IMPOSED BY COUNTY COURT; AMENDING SECTION 15.07, CODE OF
ORDINANCES, RELATING TO DECLARATIONS OF STATES OF
EMERGENCY, TO ADD AN EMERGENCY RESOLUTION RELATING TO
GAS USE WITHIN THE UTILITY SERVICES AREAS OF THE CITY OF
CLEARWATER AND TO MAKE IT UNLAWFUL TO YIOLATE THE
PROVISIONS OF ANY EMERGENCY RESOLUTION AUTHORIZED BY
CHAPTER 15 AFTER FIRST BEING WARNED BY A LAW ENFORCEMENT
OFFICER; AMENDING SECTION 51.13, CODE OF ORDINANCES,
RELATING TO UTILITY EMERGENCIES TO INCLUDE GAS
EMERGENCIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1.12, Code of Ordinances, is amended to read:
Sec. 1.12. General penalty; enforcement of civil infractions;
continuing violations.
(1) Except in the case of a violation of chapter 6, chapter 15. article
III of chapter 20, and article I of chapter 21, whenever in this Code or in any
ordinance of the city any act is prohibited or is made or declared to be unlawful
or an offense, or whenever the doing of any act is required or the failure to do
any act is declared to be unlawful, the violation of any such provision of this
Code or any ordinance shall be a civil infraction punished by a fine not
exceeding $500.00. Where the violation or offense is one relating to a violation
of any of the provisions of chapter 6, chapter IS, article III of chapter 20, or
article I of chapter 21, then such violation shall be punished by a fine not to
exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a
fine and imprisonment, as may be imposed by the county court. Each day any
violation of any provision of this Code or of any ordinance shall continue shall
constitute a separate offense, except that in any case where the violation
consists of a discrete act or failure to act, each violation shall constitute a
separate offense.
Section 2. Subsection (7) is added to Section 15.07, Code of Ordinances,
to read:
Sec. 15.07. Declaration of state of emergency.
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(3) Emergency resolutions authorized by this chapter shall include but
are not limited to the following subjects:
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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 sales of merchandise, goods or services
at more than the normal average retail price
E
Water use restrictions
F
Suspension of local building regulations
Rationing of fuel, ice and other essentials
G
H
Emergency procurement procedures
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Gas use restrictions
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ill It shall be unlawful for any person to violate the provisions of any
emerqency resolution authorized by this chapter after first beinq warned by a law
enforcement officer.
Section 3. Section 51.13, Code of Ordinances, is amended to read:
Sec. 51.13. Utility emergencies.
(1) A public emergency may be declared because of utility conditions when
the public works director certifies reqardinq a water emerqency or the qas system
manaqinq director certifies reqardinq a qas emerqency director of utilities
certifies to the city manager that:
(a) A cond i t i on ex i sts or is immi nent that endangers the safety,
potability, quantity, availability, transmission, distribution, treatment, or
storage of water through or within the city's water utility system; or
(b) A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, distribution, or storage of gas through or
within the city's gas utility system; and
(c) Extraordinary actions to control and correct the situation are
required, including but not limited to emergency purchase, call-in of off-duty
personnel, assistance by other communities and agencies, and other like actions.
(2) Declaration of a public emergency because of utility conditions shall
authorize the issuance of emergency resolutions A, 8, E. H and I A, B, E and H,
as may be required.
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PASSED ON FIRST READING
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Attest:
June 14, 1994
July 21, 1994
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Rita Garvey
Mayor-Commissioner
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