HomeMy WebLinkAboutO-15-07 Public Emergency ProceduresORDINANCE NO. 0-15-07
AN ORDINANCE OF THE CITY of SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA RELATING TO PUBLIC EMERGENCIES,
AUTHORIZING THE MAYOR TO DECLARE STATES OF
EMERGENCY, PROVIDING DUTIES OF THE CITY MANAGER AND
THE CITY COUNCIL DURING EMERGENCY, PROVIDING
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian deems it advisable to delineate the
respective powers and duties of city elected officials and officers during times of emergencies, or
imminent threat thereof,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA:
Sec. 2-31 Mayer to aeelare sta4es of emerge.,....,
ARTICLE II A. PUBLIC EMERGENCIES
Section 1. Sec. 2-37 — Public Emergencies; Mayor to Declare States of Emergency
Duties of Mayor, City Manager, City Council During Emergencies
(a) In accordance with Section 2.06 (b) of the Charter of the Citv
of Sebastian and Chanter 870.043 Florida Statutes, the Mayor may
in times of public emergency, or imminent threat thereoff, declare a
state of emergency within the boundaries of the city or in any
portion thereof and invoke the provisions of F.S. &870-041-
870.047, inclusive, as the same may be renumbered or amended
from time to time. The city council may terminate a state of
emergency at any time.
(b) (1) The city manager shall be responsible for the overall
emergency management function of the city, shall prepare and
maintain the city's emergency management plan, shall coordinate
with Indian River County and shall keep the mayor and the city
council advised of any action.
(2) The city manager shall utilize any available means to
give the public notice of the declaration of a state of emergency
and the specific requirements therein.
(3) The city manager may issue such orders as are
immediately necessary for the protection of life and property:
provided, however, that any such orders shall at the earliest
practicable time, be presented to the city council for ratification,
confirmation, amendment or termination.
(c) If, due to a disaster or emergency. it becomes impossible for
the city council to meet at city hall, the council may meet upon the
call of the mayor or any city councilmember at any other place
within the city until city hall is sufficiently repaired to resume
meetings there. All reasonable attempts must be made to comms
with the Sunshine Law and the Public Records Law of the State of
Florida.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
Section 3. Laws in Conflict. The provisions of this Ordinance shall prevail over the
provisions of any other Ordinance or Resolutions in conflict.
Section 4. Effective Date. This ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was moved for adoption by Councilmember
motion was seconded by Councilmember E}0 and, upon being put to a vote,
the vote was as follows:
Mayor Richard Gillmor L
Vice -Mayor Jerome Adams
Councilmember Bob McPartlan L
Councilmember Jim Hill
Councilmember Andrea B. Coy
The Mayor thereupon declared this Ordinance duly passed and adopted this A� day of
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Sally A. Maio MC
City Clerk
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Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed amendment;
remaining provisions continue in effect.