AGENDA ITEM REPORT
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AN ORDINANCE EMPOWERING THE MAYOR TO DECLARE A CITY-WIDE STATE OF EMERGENCY. (SECOND READING) (PUBLIC HEARING)
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BACKGROUND:
This was approved on First Reading at the June 25, 2015 Commission Meeting with no changes or conditions.
Pursuant to the City of Coconut Creek’s City Charter, Section 312, the City Commission is required to provide for the City’s needs during a public emergency affecting life, health, property or the public peace. Section 870.042(2), Florida Statutes, requires a municipality to designate, by a duly adopted ordinance, a City official who shall be empowered to declare that a state of emergency exists within the boundaries of the municipality. A state of emergency may be declared when there has been an occurrence, whether natural, technological, or man-made, or act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority; and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, or substantial risk of injury to persons or to property; all of which constitute an imminent threat to public peace or order and to the general welfare of the area affected or a part thereof.
DISCUSSION:
The City is committed to following its Charter and State laws to ensure that it is prepared to swiftly and effectively respond to any and all emergency situations. Section 870.042(2), Florida Statutes, states that the designated City official shall be either the Mayor or Chief of Police, or a person who performs the duties of said positions. Therefore, the City Mayor, as the chief representative of the residents of Coconut Creek, should be empowered to declare by proclamation a state of emergency within the City. It follows that any and all official actions taken by the City Commission to meet the needs of residents during the city-wide state of emergency shall be carried out pursuant to the City Charter by the enactment of emergency ordinances.
RECOMMENDATION:
Staff recommends approval of this Ordinance, providing for the City Mayor to be empowered with the authority to declare by proclamation a city-wide state of emergency.
FISCAL IMPACT: N/A