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File #: ORD 2022-005    Name: Chapter 2, Emergency Declarations, Amendment
Type: Ordinance Status: Passed
File created: 3/24/2022 In control: City Commission
On agenda: 5/26/2022 Final action: 5/26/2022
Title: AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY COMMISSION," SECTION 2-25, "DECLARATION OF CITY-WIDE STATE OF EMERGENCY," TO PROVIDE A DEFINITION OF PUBLIC HEALTH EMERGENCY, UPDATE NOTICE REQUIREMENTS, CLARIFY AUTHORITY CONSISTENT WITH PRACTICES AND EMERGENCY NEEDS, AND REVISE THE PERMITTED DURATION OF CERTAIN EMERGENCY MEASURES, WHICH LIMIT THE RIGHTS OR LIBERTIES OF INDIVIDUALS OR BUSINESSES WITHIN THE CITY TO SEVEN (7) DAY PERIODS WITH RENEWALS NOT TO EXCEED FORTY-TWO (42) DAYS PURSUANT TO STATE LAW. (SECOND READING)(PUBLIC HEARING)
Indexes: Amendment, Chapter 2, Code of Ordinances, Emergency, Ordinance
Code sections: 2-25, - Declaration of City-wide State of Emergency
Attachments: 1. ORDINANCE 2022-005-Chapter 2 Emergency Declarations Amdmt
AGENDA ITEM REPORT
TITLE:

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AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY COMMISSION," SECTION 2-25, "DECLARATION OF CITY-WIDE STATE OF EMERGENCY," TO PROVIDE A DEFINITION OF PUBLIC HEALTH EMERGENCY, UPDATE NOTICE REQUIREMENTS, CLARIFY AUTHORITY CONSISTENT WITH PRACTICES AND EMERGENCY NEEDS, AND REVISE THE PERMITTED DURATION OF CERTAIN EMERGENCY MEASURES, WHICH LIMIT THE RIGHTS OR LIBERTIES OF INDIVIDUALS OR BUSINESSES WITHIN THE CITY TO SEVEN (7) DAY PERIODS WITH RENEWALS NOT TO EXCEED FORTY-TWO (42) DAYS PURSUANT TO STATE LAW. (SECOND READING)(PUBLIC HEARING)

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BACKGROUND:
At the May 12, 2022, City Commission meeting, this item was approved on First Reading, as amended to provide joint authority of both the Mayor and City Manager to declare a state of emergency due to a natural, technological, or man-made emergency and both the Mayor and Police Chief to declare a state of emergency due to a threat of violence.
During emergency situations, it is important to mitigate the dangers that are posed through prompt and efficient action by City officials. To ensure the safety of the City's residents, property owners, and visitors, the City's Code of Ordinances currently authorizes the Mayor to declare a city-wide state of emergency by proclamation without need of a formal act by the City Commission pursuant to Section 2-25, "Declaration of city-wide state of emergency."
DISCUSSION:
The purpose of this ordinance is to make the Code of Ordinances consistent with state law, which was amended by Senate Bill 2006 (2021) to limit the duration for an emergency declaration and emergency protective measures differently based on whether or not the declaration or measures limit the rights or liberties of individuals or businesses within the City.
A public health emergency may only be issued by the State Health Officer, but once declared, all emergency powers under Florida Statutes remain available to ...

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