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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. i 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. 2 r a ,. 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 , s a i 3 i