§ 38-68. Authorized Emergency Measures.

In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this Ordinance, the Chairman, or Vice-Chairman in his or her absence, and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager (collectively referred to as the "Authorized County Official"), may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of the community:

(1)

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

(2)

Establish curfews, including but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians.

(3)

Utilize all available resources of the County government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be cosigned by the County Attorney or his or her designee.

(4)

Emergency management powers; political subdivisions.

a.

To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency;

b.

To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers.

(5)

Declare certain areas off limits to all but emergency personnel.

(6)

Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials.

(7)

Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's emergency plan.

(8)

Declare that during an emergency it shall be unlawful and an offense against the County for any person to use the fresh water supplied by the County, or local municipalities or other entities for any purpose other than cooking, drinking or bathing.

(9)

Declare that during an emergency it shall be unlawful and an offense against the County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency.

(10)

Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency.

(11)

Preceding or during the emergency, the Chairman, the Vice-Chairman, or in their absence, the Manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control.

(12)

Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to:

a.

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community.

b.

Entering into contracts.

c.

Incurring obligations.

d.

Employment of permanent and temporary workers.

e.

Utilization of volunteer workers.

f.

Rental of equipment.

g.

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

h.

Appropriation and expenditure of public funds.

(13)

Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal requirements or any other pertinent information in support of public health or safety.

(14)

Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the potential for severe environmental property damage of the County.

(15)

Make a determination that:

a.

There is a threat to public health and safety that may result from the generation of widespread debris throughout the County;

b.

Such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services;

c.

There is an endangerment to all properties in the County;

d.

There is an environment conducive to breeding disease and vermin;

e.

There is a greatly increased risk of fire;

f.

It is in the public interest and safety to collect and remove disaster debris from all property, whether public lands, public or private roads, and gated communities, to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large.

(16)

Authorize the County or its contracted agent(s) the right of access to private roads or gated communities as needed for:

a.

Emergency vehicles such as, but not limited to, fire, police and medical care.

b.

Performance of damage assessment, emergency management, specialized search and rescue teams.

c.

Human services and victim relief.

d.

Temporary emergency traffic controls or detour efforts.

e.

Debris removal vehicles and equipment, utility equipment and sanitation efforts to alleviate immediate threats to public health and safety.

(17)

Authorize the removal of debris, wreckage or collapsed structures resulting from a major disaster for a safe and sanitary living or functioning condition of the proximate environment.

(18)

Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction with the Florida Fish and Wildlife Conservation Commission.

(19)

Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction with law enforcement of the city, county or state.

Any emergency measure which may require law or code enforcement of any kind shall be memorialized as soon as reasonably practical by a Resolution signed by the Authorized County Official who took such action, which Resolution shall upon execution have the same force and effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as Miscellaneous Correspondence at the next regular meeting of the Board of County Commissioners.

(Ord. No. 02-50, § 1; Ord. No. 07-49, § 2; Ord. No. 2011-34, § 1; Ord. No. 2017-38, § 1; Ord. No. 2018-37, § 1)