Chapter 674 - DISASTER PREPAREDNESS AND CIVIL EMERGENCY

Sec. 672.11. - Deposit of fines, fees, costs and interest awards. Chapter 678 - FIRE PROTECTION Chapter 674 - DISASTER PREPAREDNESS AND CIVIL EMERGENCY[1]

Footnotes: --- (1) ---

Cross reference— Emergency continuity of government, Ch. 114.

State Law reference— Emergency management, F.S. Ch. 252; civil emergencies, F.S. § 870.041 et seq.

State rule references—Approval of local emergency management plans, F.A.C. Ch. 9G-6; local comprehensive emergency management plans, F.A.C. Ch. 9G-7.

PART 1. - GENERAL PROVISIONS

Sec. 674.101. - Declaration of policy.

Because of the existing and continuing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage, terrorism or other hostile action or from natural or man-made causes; and because of the existing and continuing possibility of the occurrence of disasters or emergencies of a localized nature within the City but involving the likelihood of imminent and real danger to property and the lives of the people of the locality; and in order to ensure that preparations of the City will be adequate to deal with, reduce vulnerability to and recover from these disasters and emergencies, generally to provide for the common defense and protect the public peace, health and safety, and to preserve the lives and property of the people of the City; the Council finds and declares it necessary:

(a)

To create and maintain a local disaster preparedness agency in the City and to authorize cooperation with the federal and State governments, other local disaster preparedness agencies, and other local groups and individuals.

(b)

To provide for the exercise of the emergency powers conferred by F.S. Chs. 252 and 870.

(c)

To provide the means to assist in the prevention of disasters or emergencies caused or aggravated by inadequate planning for and regulation of public and private facilities and land use.

(d)

To authorize the appropriate officials of the City to deal with routs, riots, riotous assemblies, overt acts of violence or the imminent threat of any of these.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 2001-1310-E, § 1)

Note— Former § 430.101.

Sec. 674.102. - Reserved.

Editor's note— The provisions of former § 674.102, relative to legislative authority, were deleted as part of the Super Supplement to the Code. Former § 674.102 derived from Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1.

Note— Former § 430.102.

Sec. 674.103. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Emergency preparedness means the preparation for and the carrying out of all emergency responsibilities and functions other than those for which military forces or State agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from disasters or emergencies.

(b)

Chief means the Chief, Emergency Preparedness Division, as provided in Part 6, Chapter 31, Ordinance Code. For purposes of this ordinance the Chief shall also be the "director" of a County emergency preparedness management agency, as contemplated in F.S. § 252.38(1)(b).

(c)

Jacksonville Security Coordinator means an individual selected by the Mayor and designated, in writing, who shall be an Assistant to the Mayor for City Security, participating at the Mayor's staff level, and who shall be the individual responsible for coordinating and making recommendations to the Mayor for all security and emergency preparedness issues, preparing and maintaining security emergency preparedness plans, and who is directly responsible for coordinating all emergency related communications among members of the Planning Council during times of disaster or emergency.

(d)

Disaster means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including enemy attack, sabotage, terrorism or other hostile military or paramilitary action, fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion or accident involving radiation by-products.

(e)

Division means the Emergency Preparedness Division of the Fire and Rescue Department.

(f)

Emergency means:

(1)

The occurrence or imminent threat of localized damage, injury or loss of life or property resulting from a natural or man-made cause.

(2)

The occurrence or imminent threat of riot, rout, riotous assembly or overt acts of violence disturbing the public peace or safety.

(g)

Planning Council means the Emergency Preparedness Planning Council.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4; Ord. 2001-1310-E, § 1)

Note— Former § 430.103.

Sec. 674.104. - Supremacy of Chapter, rules, etc.

Whenever the provisions of this Chapter or of any part of this Chapter are being exercised, they shall be supreme and shall supersede any other provisions of law inconsistent with the exercise of these provisions. Rules, regulations and orders issued pursuant to the authority contained in this Chapter shall, during the time that they are actually being used or executed and to the extent of any conflict, supersede any other rules, regulations and orders with which they may be in conflict. This Chapter being intended to secure to the government the emergency powers and authority required to handle a disaster or emergency, it shall take precedence over any law, rule, regulation or order that may interfere with its execution or hinder the ability of City officials and employees to exercise its emergency powers.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.104.

Sec. 674.105. - Uniformity with State and federal actions.

In order to attain uniformity in measures taken to aid emergency preparedness or to quell civil emergencies, all action taken under this Chapter and all rules, regulations and orders made or issued with due consideration for the orders, rules, regulations, actions, recommendations and requests of State and federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with those orders, rules, regulations, actions, recommendations and requests.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.105.

PART 2. - SECURITY, DISASTER AND EMERGENCY PREPAREDNESS

Sec. 674.201. - Territorial applicability of Part.

This Part shall be applicable throughout the General Services District, as authorized and required by F.S. § 252.38(1). Nothing in this Part shall prohibit or prevent the government of the Second, Third, Fourth or Fifth Urban Services Districts from establishing a local disaster preparedness agency within the district, but that agency shall be subject to the provisions of this Part and shall be required to coordinate its efforts through the Division and to cooperate with the Division and observe the rules and orders made and issued by the Chief that apply to or affect the agency and the Urban Services District.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.201.

Sec. 674.202. - Security and Emergency Preparedness Planning Council.

(a)

There is created the Security and Emergency Preparedness Planning Council which shall consist of the Mayor as chairman, the Jacksonville Security Coordinator as vice chair, the Director of Fire and Rescue, the Chief of the Emergency Preparedness Division, the President of the City Council, or designee, the Chair of the Duval County Legislative Delegation, or designee, the Director of Neighborhoods, the Public Health Officer, the Chief Administrative Officer, the Chief of Staff, the Director of Public Works, the Sheriff, the Chief Judge of the Fourth Judicial Circuit, the Managing Director/Chief Executive Officer of the JEA, the Managing Director/Chief Executive Officer of the Jacksonville Seaport Authority, the Managing Director/Chief Executive Officer of the Jacksonville Airport Authority, the Executive Director of the Jacksonville Transportation Authority, the Chairperson or designee of the Duval County School Board, representatives of each military group in Jacksonville, representatives of all major hospitals in the City (having 300 or more beds) and a number of other representatives, not to exceed 11 in number, from civic, business, industry, labor, veterans, professional or other groups and from the federal government, to be appointed by the Mayor from time to time.

(b)

The Planning Council shall recommend an emergency preparedness plan to the Council as provided in Section 674.205 and shall review and comment to the Council on all mutual aid plans and interjurisdictional agreements which are proposed for approval by the Council to implement the emergency preparedness plan. The Planning Council shall also conduct a continuing study of the need for amendments to and improvements in the emergency preparedness plan and recommend necessary changes to the Council from time to time.

(c)

The Planning Council shall meet at the call of the chairman or vice-chairman. A majority of the members shall constitute a quorum to do business, and for this purpose a member who is unable to attend in person may designate one person as his alternate, who is authorized to represent his principal and may vote on all matters before the Planning Council. The Planning Council is authorized to adopt, amend and repeal rules for the conduct of its business, including a method of obtaining public comment on a proposed emergency preparedness plan and changes to such plan.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4; Ord. 97-1094-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E)

Note— Former § 430.202.

Sec. 674.203. - Emergency Preparedness organization.

(a)

Authorization. The Council hereby authorizes the emergency preparedness organization established in this Section. Whenever the Mayor activates the emergency preparedness organization, the elements and units created by this Section shall be formed and function as provided in this Section and shall proceed to execute the emergency preparedness plan, or so much thereof as is necessary, or to practice its execution. The Mayor, acting through the Chief, shall schedule and conduct mock or practice disasters with sufficient frequency that the personnel involved in the emergency preparedness organization become familiar with their duties and functions in the emergency preparedness plan.

(b)

Structure. The emergency preparedness organization of the City shall be organized as follows:

(1)

Head of emergency preparedness organization. The head of the emergency preparedness organization shall be the Mayor, assisted by the Jacksonville Security Coordinator, an Executive Group and an Operations Group. Control and direction of the emergency preparedness organization shall be vested in the Mayor and he shall be responsible for the prompt, efficient execution of the emergency preparedness plan, or so much thereof as is necessary to:

(i)

Reduce the vulnerability of the people and of the City to damage, injury and loss of life and property.

(ii)

Prepare for and execute rescue, care and treatment of persons victimized or threatened by disaster.

(iii)

Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by a disaster.

(2)

Executive Group. There is an Executive Group, under the coordination of the Mayor, which is comprised of the Jacksonville Security Coordinator and appropriate department heads and other key individuals identified by the Mayor. The Executive Group will carry out the following responsibilities:

(i)

Provides direction and control of the emergency preparedness organization.

(ii)

Issues Executive Orders, proclamations and regulations. Amends and/or rescinds directives in light of fulfilling responsibilities.

(iii)

Provides for an orderly transition to normalcy following an emergency.

(iv)

Initiates action to operationalize the Emergency Operation Center.

(v)

Formulates responses to crisis situations.

(vi)

Develops and issues emergency policy decisions.

(vii)

Maintains public information channels with appropriate and timely information releases.

(viii)

Addresses security of all Consolidated Government and independent agency property including issuing badges and maintaining a log-in/log-out book at City Hall at St. James, while ensuring public access to public buildings, personnel and services.

(ix)

Develops mail-handling policies and training.

(x)

Develops evacuation procedures including written directives for securing City-owned equipment for all City-owned properties.

(xi)

Establishes mandatory security measures to be utilized by the City's Information Technology Division (ITD) including, but not limited to, providing security of the physical location as well as securing all information technology.

(xii)

Develops and maintains a security evaluation of City Hall at St. James in addition to all other City-owned buildings with reports of said evaluations to be provided to City Council on an annual basis or upon request of the Council.

(xiii)

Ensures that ITD will create and maintain a website to provide information to the public including information for family and community security and emergency preparedness and provide for updates during emergencies.

(3)

Operations Group. There is an Operations Group, under the Executive Group, which is headed by the Jacksonville Security Coordinator and includes both operational and services staffing. Primary responsibilities assigned to the group include the following:

(i)

Ensures the implementation of directives issued by the Executive Group.

(ii)

Keeps the Executive Group informed about the response to the needs created by the emergency situation.

(iii)

Maintains upward, downward and lateral communication within the emergency operational structure.

(iv)

Promotes coordination and cooperation among public and private sector participants.

(v)

Coordinates inter- and intra-governmental activities including the activities, services, and programs for emergency management within the County and maintains liaison with other federal, State and local emergency management agencies.

(vi)

Provides fire and rescue services designed to protect life and property, ensure fire protection, respond to emergency medical, search and rescue services, and utilize volunteer fire and rescue manpower to augment regular full-time personnel.

(vii)

Provides law enforcement services designed to protect life and property, ensure the management, operation and control of police and traffic safety, execute traffic control procedures and establishes/maintains open routes for evacuation, movement of response efforts, control of re-entry to affected areas, enhance a smooth transition when activating the Emergency Operations Center, and utilize volunteer police manpower to supplement the regular work force.

(viii)

Ensures adequate health and medical services by establishing first aid, ambulance services, emergency hospital systems, casualty services, distribution and collection of health supplies, maintaining blood services, providing laboratory services, morgue and nutrition services, maintaining and restoring water sanitation, proper handling of medical records and coordinating the administration of medical services, coordination of the utilization of health personnel, assisting in the registration and shelter for handicapped persons, and assisting in damage assessment during recovery.

(ix)

Coordinate with the American Red Cross in identifying, establishing and operating emergency shelter facilities capable of housing and mass feeding of affected persons, providing emergency clothing and necessary sundries, coordinating with health and medical services in identifying individuals requiring medical attention, assisting federal and State officials in the preparation and operation of Disaster Application Centers, and providing help in damage assessment for residential units.

(x)

Maintain contact between government and various private, commercial, and industrial organizations involved in emergency operations, provide operational supply functions that include manpower, transportation, telecommunications, fuel, equipment, purchasing, conduct appropriate administrative and financial transactions required and provide assistance in damage assessment.

(xi)

Maintain and/or effect necessary repairs to establish safe water operations, coordinations with the Public Works Department in maintaining the safe disposal of wastewater and sanitation operations, assists in clearing debris, evaluate, repair and construct essential facilities and submit timely damage and repairs assessment reports, maintain and effect the distribution of supplies, tools, and expertise to facilitate safe operations.

(xii)

Coordinate debris removal with the JEA to maintain passable roadways, and endeavor to maintain integrity of water treatment plants and wastewater treatment plants and work with the Public Works Department to evaluate and coordinate repair of roadways and drainage systems and submit timely reports of damage assessments and repairs, maintain and effect the distribution of supplies, tools, and expertise to facilitate safe roadway movement.

(xiii)

Coordinate electrical requirements during the emergency situation, assist in damage/repair assessments and submit timely reports.

(xiv)

Assists in requesting State assistance or invoice emergency-related mutual aid assistance upon declaration of a state of emergency.

(xv)

Initiates and coordinates the activation of the Emergency Operations Center.

(xvi)

Coordinates evacuation of persons throughout the County (including those listed in the registry of disabled citizens.)

(xvii)

Coordinates damage assessments during the recovery phase.

(xviii)

Perform any additional functional requirements, determined by the Mayor to be necessary in responding to or in restoring normal conditions within the City.

(c)

Manning. The manning levels and personnel distribution of the emergency preparedness organization shall be specified in the emergency preparedness plan. To the greatest extent possible, City personnel, including appointed officials and other employees, shall be used to provide a trained, reserve cadre of emergency preparedness personnel, and the assignment of a City employee to a specific position in the emergency preparedness organization shall be considered, during the time that the emergency preparedness organization is activated by the Mayor, as temporary additional duty and not as an assignment or transfer to another public position. Volunteer and auxiliary emergency preparedness personnel shall also be assigned to positions in the emergency preparedness organization, but such assignment shall not ipso facto make the person assigned a public employee nor entitle him to any powers, duties, rights, privileges or immunities except as provided or authorized by this Chapter.

(d)

Activation; inactive status. The emergency preparedness organization being a temporary reorganization of the government to meet the extreme requirements of a disaster, it shall be activated only by order of the Mayor during an actual, impending, mock or practice disaster and at other times as requested by the Governor or to fulfill a mutual aid or interjurisdictional agreement approved by the Council as provided in Section 674.205. The Mayor may activate part or all of the emergency preparedness organization, may expand his order activating part of the emergency preparedness organization to include other parts, and may order part or all of the activated emergency preparedness organization to be deactivated when it is no longer needed to meet the exigencies of the disaster. During the time when the emergency preparedness organization is in an inactive status, the Chief and the Division shall be responsible for maintaining the records, files and other papers pertaining to the various services of the emergency preparedness organization and for keeping and, as necessary, revising an accurate, adequate record of personnel assignments to the emergency preparedness positions authorized by the emergency preparedness plan; and the Division shall provide the headquarters services for the emergency preparedness organization and perform such functions of the emergency preparedness organization as are authorized by the emergency preparedness plan to be performed while the emergency preparedness organization is in an inactive status.

(Ord. 79-1242-665, § 2; Ord. 81-808-365, § 1; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4; Ord. 97-229-E, § 26; Ord. 2001-1310-E, § 1; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 430.203.

Sec. 674.204. - Volunteer and auxiliary emergency preparedness personnel.

The recruitment, training and use of individuals, not employees of the City, as volunteer and auxiliary emergency preparedness personnel is authorized, and the Mayor may recruit, train and assign these personnel in accordance with the emergency preparedness plan and as required by the exigencies of a disaster when these personnel are used. Volunteer and auxiliary personnel shall receive training adequate to allow them to perform their assigned duties, and for this purpose the Mayor may make use of private volunteer organizations that provide instruction or instructors of on-the-job training with or using City employees and of formal training in the Police Academy, Firefighters School or other schools and classes; provided, that no individual receiving instruction as a volunteer or auxiliary emergency preparedness worker shall be entitled to nor receive any benefits, compensation or status as a public employee.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4)

Note— Former § 430.204.

Sec. 674.205. - Emergency preparedness plan.

The Emergency Preparedness Planning Council, through the Mayor, shall propose to the Council, from time to time, an emergency preparedness plan and necessary changes thereto, this plan to be integrated into and coordinated with the emergency preparedness and survival plans and programs of the State and federal governments in addition to those items included in Section 674.203. Upon adoption by resolution of the Council, the emergency preparedness plan shall become effective and shall govern the activities, duties and functions of the emergency preparedness organization authorized by Section 674.203; and no change to the emergency preparedness plan shall become effective unless and until adopted by resolution of the Council. The emergency preparedness plan shall be a comprehensive plan for the emergency preparedness of the City and the Emergency Preparedness Planning Council is authorized to present the plan in stages or phases for adoption by the Council. All mutual aid and interjurisdictional assistance agreements shall be made in conformity with and shall be subject to the requirements of the emergency preparedness plan and the emergency preparedness plan shall provide for cooperation with the adjoining counties, the sharing of emergency preparedness personnel and resources and the creation and mobilization of emergency preparedness support forces on an interjurisdictional basis; but no mutual aid plan or interjurisdictional agreement, or any change thereto, shall become effective until approved by the Council. To facilitate the development of an emergency preparedness plan for the General Services District, as required by F.S. § 252.38(1)(a), all City departments, authorities, independent agencies and constitutional officers shall prepare and periodically revise emergency preparedness contingency plans pursuant to directions, guidelines and assistance from the Division. The Division shall ensure that such contingency plans are consistent with and made part of the City's emergency preparedness plan.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4; Ord. 2001-1310-E, § 1)

Note— Former § 430.205.

Sec. 674.206. - Disaster emergencies.

(a)

The Mayor is responsible for meeting the dangers presented to the City and its people by a disaster. The Mayor may issue executive orders, proclamations and regulations and amend or rescind them in the fulfillment of this responsibility, and these executive orders, proclamations and regulations shall have the force and effect of law during the period for which they are effective. During the continuance of a state of disaster emergency, the Mayor is commander-in-chief of the emergency preparedness forces available for emergency duty. To the greatest extent possible, the Mayor shall delegate or assign command authority by prior arrangement embodied in the emergency preparedness plan or in appropriate executive orders or regulations, but this shall not restrict his authority to do so by orders issued at the time of and during the disaster emergency.

(b)

A disaster emergency shall be declared by proclamation of the Mayor if he finds that a disaster has occurred or that the occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the Mayor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and he terminates the state of disaster emergency by proclamation; but no state of disaster emergency may continue for longer than 30 days unless renewed by the Mayor. The Mayor, in coordination with the Council President, shall convene the Council in special meeting at the same time the state of disaster emergency is declared or as soon thereafter as is reasonably practicable in light of the circumstances surrounding the disaster emergency. At the special meeting the Mayor, or the Mayor's designee, shall report to the Council all the facts and circumstances concerning the disaster and his recommendations in connection therewith. The Council by resolution may terminate a state of disaster emergency at any time, thereby ending the state of disaster emergency. A proclamation or resolution issued under this subsection shall indicate the nature of the disaster, the area or areas of the City threatened by it, and the conditions which have brought it about or which make possible the termination of the state of disaster emergency. A proclamation or resolution issued under this subsection shall be promptly disseminated by means calculated to bring it to the attention of the general public. Unless the circumstances attendant upon the disaster prevent or impede, a proclamation issued under this subsection shall be promptly filed with the Council Secretary.

(c)

Whenever a mock or practice disaster alert is to be called, for the purpose of training and exercising part or all of the emergency preparedness organization, the proclamation shall clearly state that a mock or practice alert is being called and that no state of disaster emergency actually exists. The Mayor is not required to convene the Council in special meeting for a mock or practice disaster alert, and any proclamations, orders and regulations issued by the Mayor during a mock or practice disaster alert shall not carry the force of law.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4; Ord. 2024-746-E, § 1)

Note— Former § 430.206.

Sec. 674.207. - Emergency powers of Mayor.

In addition to all other powers conferred upon the Mayor by law, during a state of disaster emergency he may:

(a)

Suspend the provisions of any ordinance prescribing procedures for the conduct of City business or the rules, regulations or orders of any City agency, if strict compliance with the ordinance, rule, regulation or order would in any way prevent, hinder or delay necessary action in coping with the disaster.

(b)

Utilize all available resources of the City government as reasonably necessary to cope with the disaster.

(c)

Transfer the direction, personnel or functions of City agencies, or units thereof, for the purpose of performing or facilitating emergency services.

(d)

Request the assistance and cooperation of the independent agencies, or such of them as are reasonably necessary to implement the emergency preparedness plan, and, in the event that an independent agency fails or refuses to provide the requested assistance and cooperation or that there is no one available to order such assistance and cooperation, commandeer or utilize the independent agency's personnel and equipment as is reasonably necessary to cope with the disaster.

(e)

Subject to the provisions of Section 674.211, commandeer or utilize any private property if he finds this necessary to cope with the disaster.

(f)

Direct and compel by any necessary and reasonable force the evacuation of all or part of the population from a stricken or threatened area within the City if he deems this action necessary for the preservation of life or other disaster mitigation, response or recovery.

(g)

Prescribe routes, modes of transportation and destinations in connection with an evacuation.

(h)

Control ingress to and egress from a disaster area, the movement of persons within the area and the occupancy of premises therein.

(i)

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosive and combustibles.

(j)

Make provision for the availability and use of temporary emergency housing.

(k)

Take or direct measures for limiting or suspending lighting devices and appliances, gas and water mains, electric power distribution and other utility services in the general public interest.

(l)

Take or direct measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during and subsequent to drills and actual or threatened disasters, the calling of public meetings and gatherings and the evacuation and reception of the civilian population, as provided in the emergency preparedness plan.

(m)

Authorize the use of forces already activated or mobilized to assist private citizens of the City in cleanup and recovery operations during a disaster when permission to enter onto or into private property has been obtained from the property owner.

(n)

Enforce and utilize the provisions of mutual aid plans and interjurisdictional agreements and, in connection therewith:

(1)

Organize and dispatch emergency preparedness support forces, including personnel, supplies and equipment as necessary, to other counties, transfer operational command of these forces to the other jurisdiction and resume operational command of these forces when they are no longer needed outside the City.

(2)

Request and assume operational command of emergency preparedness support forces, including personnel, supplies and equipment as necessary, dispatched from other jurisdictions into the City and transfer operational command of these forces to the original jurisdiction when they are no longer needed in the City.

(3)

Loan, lease or transfer, on such terms and conditions as he deems necessary to promote the public welfare and protect the interests of the City, any property of the City government required or useful to effectuate the mutual aid plan or interjurisdictional agreement, and receive and utilize any property of another jurisdiction by loan, lease or transfer on such terms and conditions as he deems advisable, pursuant to a mutual aid plan or interjurisdictional agreement.

(o)

Waive procedures and formalities otherwise required by the Charter or by law pertaining to:

(1)

The performance of public work.

(2)

The entering into of contracts.

(3)

The incurring of obligations.

(4)

The employment of permanent and temporary workers.

(5)

The utilization of volunteer workers.

(6)

The rental of equipment.

(7)

The purchase and distribution, with or without compensation, of supplies, materials and facilities.

(8)

The appropriation and expenditure of public funds.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.207.

Sec. 674.208. - Oath.

Each person, whether he is a public employee, a volunteer worker or an auxiliary worker, who is assigned to a specific position in the emergency preparedness plan shall, before entering upon his duties thereunder, take the following oath in writing before a person authorized by law to administer oaths:

I,  [name] , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of Florida against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

The subscribed, sworn oath shall be filed in the records of the Division.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.208.

Sec. 674.209. - Local services; compensation, reimbursement.

(a)

Whenever City employees are rendering aid outside the City pursuant to a mutual aid plan or interjurisdictional agreement, they shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties within the City limits. Whenever volunteer or auxiliary emergency preparedness personnel are detailed to an emergency disaster support force outside the City, they shall have the same powers, duties and immunities as if they were performing their emergency preparedness duties within the City limits.

(b)

The City shall be liable for any loss or damage to any equipment provided by other jurisdictions and used by or in the City pursuant to a mutual aid plan or interjurisdictional agreement and shall pay any expense incurred in the operation and maintenance of the equipment; provided, that no claim by another jurisdiction shall be allowed unless, within 60 days after the loss, damage or expense is sustained or incurred an itemized notice of the claim, under oath, is served by mail or otherwise upon the Director of Finance and Administration. The City shall also reimburse another jurisdiction providing aid to the City for compensation (including compensation due to personal injury or death) paid to employees furnished as a part of the aid and shall defray the actual traveling and maintenance expenses of the employees while they are rendering aid, to the extent that the City does not provide transportation, meals and housing to the employees free of charge. The term employee, as used in this subsection, shall mean and include paid, volunteer and auxiliary employees and emergency preparedness workers actually provided by the other jurisdiction to aid the City.

(c)

In the case of City equipment provided to and used in another jurisdiction, loss or damage sustained and operation and maintenance expense incurred as a result of that use shall be itemized in a claim for compensation from the other jurisdiction, which shall be made under oath by the Chief from documentation provided by the appropriate City employees usually responsible for such equipment. The claim shall be served by mail or otherwise upon the chief fiscal officer of the other jurisdiction, and a copy shall be provided to the Director of Finance and Administration and the Council Auditor. The Chief shall report to the Mayor each instance of damage, loss or expense that is not reported to him within 60 days after it is sustained or incurred. In the case of emergency preparedness personnel furnished by the City to another jurisdiction, the administration and training service shall keep a record of the compensation (including compensation due to personal injury or death) paid to public employees who are a part of the emergency preparedness personnel so furnished and also a record of the actual traveling and maintenance expenses of all emergency preparedness personnel so furnished, while they are rendering aid to the other jurisdiction, to the extent that the other jurisdiction does not provide transportation, meals and housing to such emergency preparedness personnel free of charge. The Chief shall submit an itemized statement of these compensation, traveling and maintenance expenses to the other jurisdiction on whose behalf they were incurred as directed by the Mayor and furnish a copy of such statement to the Director of Finance and Administration and Council Auditor.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 430.209.

Sec. 674.210. - Limitations upon liability.

No officer, employee or agent of the City shall be held personally liable in tort for any injuries or damages suffered as a result of any act, event or omission of activity in the scope of his duties under this Part, or specified by the emergency preparedness plan, or assigned or ordered by the Mayor or under his direction, unless the officer, employee or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.210.

Sec. 674.211. - Compensation.

(a)

Compensation for services or for the taking or use of private property shall be owed by the City only to the extent that:

(1)

A claimant may not be deemed to have volunteered his services or property without compensation; and

(2)

The taking or use exceeds the legal responsibility of the claimant to render the services or make the property available.

Compensation owed for personal services shall be only such as the Council may have fixed and for which funds shall have been specifically appropriated. Compensation for private property shall be owed only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the Mayor or a member of the disaster emergency forces of the City. A person claiming compensation for the use, damage, loss or destruction of private property or for services shall file a claim as provided in Chapter 112.

(b)

Nothing in this Section applies to or authorizes compensation for the damaging or destruction of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood. Nothing in this Section shall be construed as authorizing compensation to be paid beyond the amount of funds available for this compensation nor except to the extent that the Legislature may have waived the sovereign immunity of the City.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.211.

Sec. 674.212. - Liability of private persons.

A person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of the real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice disaster, together with his successor in interest, if any, shall not be liable for the death of or injury to any person on or about the real estate or premises during an actual, impending, mock or practice disaster or for loss or damage to the property of the person, solely by reason or as a result of the license, privilege, designation or use, unless gross negligence or willful and wanton conduct of the person owning or controlling the real estate or premises or of his successor in interest shall be the proximate cause of the death, injury, loss or damage.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.212.

Sec. 674.213. - Authority to accept services, gifts, etc.

(a)

Whenever the State or federal government offers to the City services, equipment, supplies, materials or funds, by way of gift, grant or loan, for the purpose of emergency preparedness, the Mayor may accept the offer on behalf of the City and utilize the services, equipment, supplies, materials or funds subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. Funds accepted by the Mayor may be expended only after appropriation by the Council.

(b)

Whenever a person offers to the City services, equipment, supplies, materials or funds, by way of gift, grant or loans, for the purpose of emergency preparedness, the Mayor, acting through the Chief, may accept the offer on behalf of the City and utilize the services, equipment, supplies, materials or funds subject to the terms of the offer. Funds accepted by the Chief may be expended only after appropriation by the Council.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.213.

Sec. 674.214. - Disaster prevention.

(a)

In addition to disaster prevention measures included in the emergency preparedness plan, the Emergency Preparedness Planning Council shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. At its direction and pursuant to any other competence and authority they have, City officials and agencies charged with responsibilities in connection with floodplain management, stream encroachment and water flow, water conservation, fire prevention and control, air and water quality, public works, land use and land-use planning, and construction standards shall make studies of disaster-prevention-related matters. The Emergency Preparedness Planning Council, from time to time, shall make such recommendations to the Council and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(b)

If the Emergency Preparedness Planning Council or the Division determines, on the basis of studies or other competent evidence, that an area of the City is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land-use controls in that area are inadequate and could contribute substantially to the magnitude of a disaster and that changes in zoning or other land-use regulations or building requirements are essential in order to prevent or reduce the harmful consequences of a disaster, the Emergency Preparedness Planning Council, on the basis of its own determination or on the determination of the Division, shall conduct one or more public hearings to obtain public comment on necessary changes. If it finds, after the public hearings, that changes are essential, it shall make recommendations to the Council and other appropriate public and private entities with jurisdiction over the area and subject matter.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.214.

Sec. 674.215. - Emergency Preparedness Division.

The Division shall:

(a)

Keep persons throughout the General Services District well informed by establishing and maintaining a comprehensive educational program that focuses on emergency preparedness; such programs shall be responsive to identified needs and shall involve, to the extent practicable, all aspects of the community including but not limited to the media, retailers, banks, utilities, independent agencies of the City and other public sector and private sector entities;

(b)

Keep the Emergency Preparedness Planning Council and the City Council well informed by preparing and submitting an annual emergency preparedness report;

(c)

Identify, record and update, on an annual basis, persons with special needs residing in the General Services District and also facilitate the development and implementation of a means designed to pick up and return such persons to designated locations;

(d)

Be the central repository for all mutual aid agreements, concerning emergency preparedness, which have been approved and authorized by the City Council;

(e)

Maintain a state of readiness posture by conducting exercise programs each calendar year.

(Ord. 94-1272-768, § 4)

PART 3. - CIVIL EMERGENCY

Sec. 674.301. - Preservation of public peace.

In the event of overt acts of violence or the imminent threat of violence within the City, and when the Governor has not declared a state of emergency to exist, the Mayor is authorized, by proclamation, to declare that a state of civil emergency exists in the City and to exercise one or more, or all, of the emergency powers granted by this Part.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.301.

Sec. 674.302. - Requirements for declaration.

Whenever the Mayor determines that there has been an 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 and substantial injury to persons or property, all of which constitute an imminent threat to public peace or order and to the general welfare of the City or a part or parts thereof, he may declare that a state of civil emergency exists within the City or any part or parts thereof.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.302.

Sec. 674.303. - Reserved.

Editor's note— Ord. 2011-559-E, § 4, amended the Code by repealing former § 674.303 in it's entirety. Former § 674.303 pertained to automatic emergency measures, and derived from Ord. 79-1242-665 and Ord. 83-591-400.

Sec. 674.304. - Discretionary emergency measures.

Whenever the Mayor declares that a state of civil emergency exists pursuant to Section 674.302, he may exercise any or all of the following powers, in whole or in part, with such conditions and limitations as he deems appropriate, which shall be in effect during the period of the civil emergency in the area or areas for which the emergency has been declared:

(a)

The establishment of curfews, including the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of essential services such as fire, police and hospital services (including the transportation of patients), utility emergency repairs and emergency calls by physicians.

(b)

The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment of a consideration therefor.

(c)

The prohibition of the possession by any person in a public place of any portable container containing any alcoholic beverage.

(d)

The closing of places of public assemblage with designated exceptions.

(e)

The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid, altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for its propulsion.

(f)

The prohibition of the possession in a public place of a portable container containing gasoline or any other flammable or combustible liquid.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.304.

Sec. 674.305. - Filing and publication.

A state of civil emergency or emergency measure declared, ordered or promulgated pursuant to Sections 674.302 through 674.304 shall, as promptly as practicable, be filed with the Council Secretary and delivered to appropriate news media for dissemination to the general public.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.305.

Sec. 674.306. - Special meeting of Council.

Concurrently with the declaration of the state of civil emergency, the Mayor shall convene the Council in special meeting, at which he shall report to the Council all the facts and circumstances known to him concerning the civil emergency and his recommendations in connection therewith.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.306.

Sec. 674.307. - Duration and termination of emergency.

A state of civil emergency declared pursuant to Section 674.302 shall commence upon the declaration thereof by the Mayor and shall terminate at the end of a period 72 consecutive hours thereafter unless, prior to the end of the period, the Mayor by proclamation or the Council by resolution shall terminate the state of civil emergency. An extension of the 72-hour time limit must be accomplished by request from the Mayor and the concurrence of the Council by resolution adopted in regular or special meeting.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.307.

Sec. 674.308. - Part inapplicable to Urban Services Districts.

The provisions of this Part shall not apply to, and the emergency powers herein granted may not be exercised within, the Second, Third, Fourth or Fifth Urban Services District.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1)

Note— Former § 430.308.

PART 4. - PENALTIES

Sec. 674.401. - Major violations: disaster preparedness.

A person who, knowingly and wilfully:

(a)

Fails or refuses to perform a duty imposed upon him by an emergency preparedness plan or required of him by an order issued by the Mayor or issued at the direction of the Mayor, during an actual, impending, mock or practice disaster; or

(b)

Fails or refuses to go to his assigned place of duty during an actual, impending, mock or practice disaster or, having gone to such place of duty, to remain there until and unless relieved, dismissed or reassigned by competent authority; or

(c)

Fails or refuses to obey, observe or enforce the provisions of any order, directive or regulation issued by the Mayor or issued at the direction of the Mayor pursuant to his emergency powers under Section 674.207; or

(d)

Fails or refuses to participate in or to perform his assigned duties as a member of an emergency preparedness support force within or without the City, or to go outside the City as a member of an emergency preparedness support force; or

(e)

Obstructs, interferes with or prevents, or procures the obstruction, interference with or prevention of:

(1)

The enforcement, observance or execution of or compliance with any part of an emergency preparedness plan or with an order, directive or regulation issued by the Mayor or issued at the direction of the Mayor; or

(2)

The performance of a duty or the exercise of a power by an officer, employee or agent of the City or a emergency preparedness worker, during an actual, impending, mock or practice disaster;

Shall be guilty of a class D offense. For offenses that are of a continuing nature, each day the offense continues shall constitute a separate offense.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.401.

Sec. 674.402. - Minor violations: disaster preparedness.

A person who, during an actual, impending, mock or practice disaster:

(a)

Reserved.

(b)

Whether or not the emergency preparedness organization has been activated pursuant to Section 674.203(d), solicits or attempts to persuade any member of the emergency preparedness organization to fail or refuse:

(1)

To perform his assigned duties; or

(2)

To go to his assigned place of duty; or

(3)

Having gone to his place of duty, to remain there until and unless relieved, dismissed or reassigned by competent authority; or

(c)

Whether or not the emergency preparedness organization has been activated pursuant to Section 674.203(d), solicits or attempts to persuade any other person to fail or refuse:

(1)

To obey, observe or enforce the provisions of or to comply with any order, directive or regulation issued by the Mayor or issued at the direction of the Mayor or pursuant to his emergency powers under Section 674.207; or

(2)

To enforce, observe or execute or to comply with any part of an emergency preparedness plan;

Shall be guilty of a class C offense.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4)

Note— Former § 430.402.

Sec. 674.403. - Violations: civil emergency.

A person who, knowingly and wilfully:

(a)

Fails or refuses, or procures a failure or refusal, to obey, observe or enforce the provisions of an order or directive issued by the Mayor pursuant to his emergency powers under Section 674.303 or Section 674.304; or

(b)

Obstructs, interferes with or prevents, or procures the obstruction, interference with or prevention of:

(1)

The enforcement, observance or execution of or compliance with any part of an emergency preparedness plan or with an order, directive or regulation issued by the Mayor or issued at the direction of the Mayor; or

(2)

The performance of a duty or the exercise of a power by an officer, employee or agent of the City or a emergency preparedness worker, during an actual, impending, mock or practice disaster;

Shall be guilty of a class D offense.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 95-1272-768, § 4)

Note— Former § 430.403.

Sec. 674.404. - Civil penalties; collection.

(a)

In addition to any other penalty that may be imposed under this Part or by any other law, the Mayor may assess a civil penalty, based upon findings made by him, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. A civil penalty is assessable in the following instances:

(1)

A member of the emergency preparedness organization who fails or refuses to perform a duty imposed upon him by an emergency preparedness plan or required of him by an order issued by the Mayor or issued at the direction of the Mayor, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $1,000.

(2)

A member of the emergency preparedness organization who fails or refuses to go to his assigned place of duty during an actual, impending, mock or practice disaster or, having gone to his place of duty, to remain there until and unless relieved, dismissed or reassigned by competent authority may be assessed a civil penalty not exceeding $750.

(3)

A member of the emergency preparedness organization who fails or refuses to participate in or to perform his assigned duties as a member of an emergency preparedness support force within or without the City, or to go outside the City as a member of an emergency preparedness support force, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $500.

(4)

A person who fails or refuses to obey, observe or enforce the provisions of an order, directive or regulation issued by the Mayor or issued at the direction of the Mayor pursuant to his emergency powers under Section 674.207, Section 674.303 or Section 674.304 may be assessed a civil penalty not exceeding $500.

(5)

A member of the emergency preparedness organization who fails or refuses to obey an order made or applicable to him by a superior member of the emergency preparedness organization, when that part of the emergency preparedness organization to which he is assigned or reassigned has been activated pursuant to Section 674.203(d), may be assessed a civil penalty not exceeding $300.

(6)

A member of the emergency preparedness organization who says or does anything that brings discredit or reflects adversely upon the emergency preparedness organization or that is calculated to humiliate, ridicule or insult the emergency preparedness organization or any other member thereof or to cause dissension within or disruption of the emergency preparedness organization, or the members thereof, or the emergency preparedness plan, during an actual, impending, mock or practice disaster, may be assessed a civil penalty not exceeding $250.

(b)

A civil penalty assessed and owed under this Section shall be payable to the Tax Collector and shall be received into the General Fund—General Services District as miscellaneous receipts and may be collected in a civil action in the name of the City.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4)

Note— Former § 430.404.

Sec. 674.405. - Administrative discipline.

In addition to any other penalty that may be imposed under this Part or by any other law, the members of the emergency preparedness organization are subject to administrative discipline, as follows:

(a)

Volunteer and auxiliary emergency preparedness personnel, not public employees, may be suspended for any definite length of time, reassigned to another position in the emergency preparedness organization, required to undergo additional or intensive training and instruction (in addition to that generally required of all emergency preparedness personnel), delayed in or denied advancement within the emergency preparedness organization, or dismissed from the emergency preparedness organization (with or without disqualification to become a member of the emergency preparedness organization at a future time). The emergency preparedness plan proposed by the Planning Council shall contain provisions and procedures for the imposition, review and implementation of administrative discipline upon the persons subject to this subsection, including adequate due process in the imposition of administrative discipline and review of decisions by an impartial administrative body or bodies.

(b)

Public employees shall be administratively disciplined in the same manner as they may be administratively disciplined for violations of personnel rules or other employment rules applicable to the public employees, and for this purpose the provisions of the emergency preparedness plan concerning assignment and reassignment to positions in the emergency preparedness organization, advancement within the emergency preparedness organization, training and experience requirements and dismissal from the emergency preparedness organization shall be deemed to be employment rules of the appointing authority under which the public employee usually works. When the emergency preparedness organization is activated pursuant to Section 674.203(d), and so long as the activation continues, the provisions and procedures contained in the emergency preparedness plan for the imposition, review and implementation of administrative discipline shall supersede any other provisions and procedures for this purpose, wherever contained or by whatever other board, body or person administered.

(Ord. 79-1242-665, § 2; Ord. 83-591-400, § 1; Ord. 94-1272-768, § 4)

Note— Former § 430.405.

PART 6. - NATIONAL INCIDENT MANAGEMENT SYSTEM

Sec. 674.601. - Findings.

The President of the United States in Homeland Security Directive 5 (HSPD), directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (hereinafter referred to as "NIMS"), which would provide a consistent nationwide approach for federal, State, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity. The collective input and guidance from all federal, State, local and tribunal homeland security partners has been, and will continue to be, vital to the development of effective implementation and utilization of a comprehensive NIMS. It is necessary and desirable that all federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management. To facilitate the most efficient and effective incident management it is critical that federal, State, local and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters. The NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the City's ability to utilize funding to enhance State and local agency readiness, maintain first responder safety and streamline incident management processes. The Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State and City, including current emergency management training programs. The National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.

(Ord. 2005-945-E, § 1)

Sec. 674.602. - Designation.

NIMS is designated as the standard for prevention, preparation for, response to and recovery from incidents of disasters and/or emergencies that may occur in and throughout the General Services District.

(Ord. 2005-945-E, § 1)

Sec. 674.603. - Coordinator.

(a)

The Planning Council shall, from time to time, issue rules and orders for implementation of NIMS. To the extent they are involved in NIMS activities, the Second, Third, Fourth and Fifth Urban Services Districts, the Independent Agencies, the Sheriff, the Property Appraiser, the Tax Collector, the Supervisor of Elections and the Clerk of the Circuit and County Courts shall observe and obey all directives set out in this Part as well as all rules and orders issued by the Planning Council.

(b)

The Chief shall be the NIMS Coordinator for the General Services District. To the extent they are involved in NIMS activities, the Second, Third, Fourth and Fifth Urban Services Districts, the Independent Agencies, the Sheriff, the Property Appraiser, the Tax Collector, the Supervisor of Elections and the Clerk of the Circuit and County Courts must coordinate all their NIMS implementation actions with the Planning Council through the NIMS Coordinator.

(Ord. 2005-945-E, § 1)

Sec. 674.604. - NIMS Directives.

(a)

The Planning Council shall develop a program to integrate NIMS, to the extent appropriate, into the Comprehensive Emergency Management Plan.

(b)

The Planning Council shall identify statutes, ordinances, rules, regulations or operating procedures that should be repealed or amended to facilitate implementation of NIMS.

(c)

By December 30, 2005, all City agencies, as well as all other entities named in Section 674.503, shall report, to the Planning Council through the NIMS Coordinator, their strategies for use of NIMS in their respective response structures, including new employee training.

(d)

City employees must complete the required NIMS training appropriate to their level of assigned responsibilities and maintain that level of training by certification within timeframes to be established by the federal requirements for NIMS.

(e)

The NIMS Coordinator will report on the status of the implementation of NIMS at each quarterly meeting of the Planning Council.

(Ord. 2005-945-E, § 1)

PART 7. - DEBRIS REMOVAL FROM PRIVATE STREETS AND OTHER PRIVATE PROPERTY

Sec. 674.701. - Declaration of legislative intent public policy.

After declaration of a disaster emergency in accordance with Section 674.206, the primary mission of the City will be to protect lives and property, restore governmental services and clear public streets. Depending on the magnitude of the disaster and after accomplishment of the primary mission, resources may be available to the City that may not be available to the private property owner. The intent and purpose of this Part is to establish a process by which the City may evaluate and, if necessary, remove debris from along privately owned streets and other private property in the event of an immediate threat to life, public health and safety after a significant disaster. While the City recognizes that, as a general proposition, the removal of debris from private property is the responsibility of the property owner, there are occasions when, because of the magnitude of the disaster and the threat posed to life, health, and safety, there may be a compelling need to remove debris from private streets and other private property as described in this Part.

(Ord. 2008-746-E, § 1)

Sec. 674.702. - Definitions.

As used in this Part, the following terms, phrases and words shall have the following meanings, unless the context clearly otherwise requires:

Debris shall include, but is not limited to, disaster-generated displaced, broken or discarded building and construction materials, garbage, vegetative matter and spoiled or ruined household goods or materials.

Private property means all property that is not owned or controlled by a governmental entity including private communities as well as the private streets, roads, and roadways contained therein that have not been dedicated to public use or have not been accepted for maintenance by the City or other governmental entity, including streets in gated communities.

Private street means any street that has not been dedicated to public use or has not been accepted for maintenance by the City or other governmental entity, including streets in gated communities.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 674.703. - Removal of debris.

The City has the authority to enter onto and may remove debris from private property when such debris is determined to pose an immediate threat to life, public health and safety, and to the welfare of the community, so that it is in the public interest for the City to remove such debris. The Mayor or the Mayor's designee shall determine whether there is an immediate threat to life, public health, safety, and community welfare sufficient to warrant removal of said debris on private property in accordance with one or more of the following criteria:

(a)

There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent City removal.

(b)

The type of debris may reasonably cause disease, illness, or sickness that could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain.

(c)

The clearing is necessary to effectuate orderly and expeditious restoration of City-wide utility services including, but not limited to, power, water, sewer, and telephone.

(d)

The debris is determined by the Director of the Department of Public Works or the Director's designee to require removal to eliminate immediate threats of significant damage to improved public or private property.

(e)

The debris prevents garbage collection, creating a public health hazard.

(f)

The debris contains contaminants that have a reasonable likelihood of leeching into the soil or groundwater.

(g)

The debris has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings or property.

(h)

The debris presents a reasonable danger of being transported by wind or water into the surrounding areas of the City, increasing the cost of recovery and removal.

(i)

If left over time, the debris poses a significant likelihood of producing mold that would be injurious to public health.

(j)

The presence of the debris significantly adversely impacts the City's recovery efforts.

(k)

The debris significantly interferes with drainage or water runoff, creating a significant hazard in the event of significant rainfall.

(l)

The sheer volume of the debris is such that it is impractical and unreasonable to remove it in an orderly and efficient manner without action by the City.

(m)

The type, extent and nature of the debris are such that it would cause much greater damage if the debris was not removed immediately.

(n)

The clearing of the debris is necessary to ensure the economic recovery of the affected community to the benefit of the community at large.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 674.704. - Waiver.

With regard to the eligibility for federal funding, the Federal Emergency Management Agency may waive the requirement for the City to establish the criteria listed in Section 674.703 as a condition precedent to City action depending on the severity of the situation.

The City acknowledges that commercial property debris removal is generally ineligible for reimbursement under the Public Assistance Program unless determined to be in the public interest and subject to the other private property provisions as defined in the Federal Emergency Management Agency's (FEMA) Disaster Assistance Policy for Debris Removal from Private Property, as amended from time to time, and that reimbursement for non-commercial private property debris removal is discretionary with FEMA.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 674.705. - Indemnification and hold harmless.

(a)

In consideration for and as a condition of removing debris from private property, the City may require the owner of such private property to indemnify and hold harmless the City, the State of Florida and the United States, and their officers, agents, employees and contractors from any claims arising from removal of debris from private property.

(b)

As a part of any request for federal funding for debris removal from private property, the City agrees to indemnify and hold harmless, to the extent allowed by F.S. § 768.28, the United States, its officers, agents, employees and contractors from any claims arising from the City's negligence in the removal of debris from private property. Nothing in this Part 7 shall be construed as a waiver of the City's sovereign immunity beyond that allowed by State law and the Florida Constitution.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 674.706. - Emergency roadway clearance.

Nothing herein shall limit the City, within the first 70 hours after the declaration of a disaster emergency, from clearing and pushing debris from all streets, both public and private, as necessary to ensure access necessary for the movement of emergency vehicles, including police, fire, rescue and public utilities.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 674.707. - No requirement to remove debris from private property.

Nothing in this Part 7 shall be construed to require the City to remove debris from private property except where the severity of the situation is of such magnitude or the debris is so widespread that it is determined by the Mayor or the Mayor's designee, in their sole discretion, to be a significant, immediate threat to life, health and safety, the welfare of the City, and in the overriding public interest of the City to remove debris from such areas as set forth in this Part 7.

(Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Sec. 672.11. - Deposit of fines, fees, costs and interest awards. Chapter 678 - FIRE PROTECTION