5596-94 ORDINANCE NO. 5596-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO EMERGENCY MANAGEMENT; AMENDING SECTION 1.12
COME OF ORDINANCES, TO ENHANCE THE PENALTY I FOR ` ,
VIOLATION OF ANY PROVISION OF CHAPTER 15, CODE aF
ORDINANQES, RELATING Tti `MERGENCY MANAGEMENT, BY ADDING
IMPRt;SONIMENT FOR A TERM NOT EXCEEDING 60 DAYS, OR BY
BOTH A FINE AND IMPRISONMENT, AS POSSIBLE PENALTIES IN
ADDITION 1"a A FINE NOT EXCEEDING $500.00, AS MAY BE
IMP'O M BY COUNTY COURT; AMENDING SECTION 15.07, CODE: OF l
ORDINANCE RELATING RELATING TO DECLARATIONS OF STATES OF
EMERGENCY,, 1.0 ADD AN EMERGENCY RESOLUTION RELATING TO
GAS USE WITHI THE :UTILITY SERVICES AREAS OE THE CITY OF
CLEA 'WA7E:R AND TO MAKE IT UNLAWFUL TO VIOLATE THE
PR31/ SINS OF ANY EMERGENCY RESOLUTION AUTHORIZED BY
CHAPTERi 115 AFTER FIRST EYEING WARNED BY A LAW ENFORCEMENT
aFFI ER$ AMENDING SECTION 51.13, CODE OF ORDINANCE'S,
RELATING TO UTILITY EMERGENCIES TO INCLUDE GAS
EMERGENCIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATE:R, FLORIDA:
Section 11 Secl:ion 1. 12, Code of Ordinances, is amended to read:
Sec. 1..12: 'Gelneral penalty, enforcement of civil infractions;
continuing violations. 1
�1 Excepjt ire 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 i n any
ordinance of the city any'act is prohibited or is made or declared to be un 1 awf u 1'
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
Cade or any ordinance shall be a civil infraction punished by a JnO not
exceeding $500.00.. Where the violation or offense is one relating to a violation
of any of the provisions of chapter 6, chapter 15, article III of chapter 'e0, or ,
article I of chaptet `2:1 , then such violation shall be punished by a fine rot to
exceed $500.00, or imprisonment fora term not exceeding 60 days, or °by troth a
fine and imprisonment, as may be imposed by the county court. Each daffy any
violation of any provision of this Code or of any ordin�ne shall 'cont4nue s6al I
�,..va. ttttA�. i.�atut s-
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 rear!
,m
Sec. 15.07, �1�.t.laration of state of emergency.,
(3) Emergency resolutions authorized by this chapter shall include but
are not limited 'to 'it he following subjects:
° V
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 Mater use restrictions
,
F ' Suspension of local building regulations
C Rationing of fuel , ice and 'other essentials
H Emergency procurement procedures
I
Gas use restrictions
r
7) I s'h�a11 be unlawful for an person to violate the rovisiol s of an
emergency,resolution authorized bv this ch�ter after first being warner I by_a law
enforcement o�ficer.
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Section '3. Section 51. 13, Code of Ordinances, is amended to read:
Sec. 51.13. Utility emergencies.
{1) A'pub-i i c emergency may be declared because of ut i 1 i'ty cond i tli ons when
the ,public works director certifies regarding a water emergencv or the a s s stem
mana ing director:certifies regarding a gas emer gency tee-o� 4e
to the, city manager that:
A condition exists or is imminent that endane�ers theli safe
(a)- _ty,
potability, quantity, availability, 'transmission, distr'ibuti'on, treat*nt,' or
storage of water; `t'hroUQh or within the city' s water utility system,• olr
(b) A condition exists or is imminent that endangers the safety,! quality,
quantity, availalbility, transmission, distribution , or storage of 'gas trough or
within the city"s' gas `utility systems and
(c) Extr�ao'rdinary actions to control' and correct the situation are
required, inciudiing 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 Assuance: of emergency resolutions A, `B, E, H and 1Y ,
as may be requires.
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t c� o,, => : ih s or `�`� a,c _. 1 e f c -`iriwi tiiatel adoption.,
do tion.
PASSED ON "IRST READING Jume 14 994
PASSED, ONISECONDIAND. FINAL READING
AND ADOPTED July, ?11 19 g 4
RitaGarvey
R G y
Mayor-Commissioner
Attest:
Cyn i s E. Goo&6u�
it rk
E
Apr a tb prrd correctness:
Al n e
Interim City t� orney
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