HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-014 Creating Article XIV "Emergency Management"Temp. Ord. # 2506
June 15, 2022
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. C-2022-0I
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 2,
ENTITLED "ADMINISTRATION" BY CREATING ARTICLE
XIV, ENTITLED "EMERGENCY MANAGEMENT' TO
PROVIDE FOR EMERGENCY MANAGEMENT
RESPONSIBILITIES, POWERS, AND REGULATIONS;
REPEALING OBSOLETE EMERGENCY MANAGEMENT
PROVISIONS, PROVIDING FOR CODIFICATION,
PROVIDING FOR SAVINGS, PROVIDING FOR
CONFLICTS PROVISION, PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise
any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, the City Charter contemplates that the City Commission, by
ordinance, will establish guidelines and procedures for emergency purchases; and
WHEREAS, comprehensive emergency management procedures and regulation
will reduce the vulnerability of the people and property of the City of Tamarac; and
WHEREAS, comprehensive emergency management procedures and
regulations will also assist in providing the rapid and orderly provision of relief to
persons and for the restoration of services and property; and
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WHEREAS, disaster debris can pose a serious and immediate threat to life,
health, safety, and welfare, and can pose an immediate threat of significant damage to
improved property.
WHEREAS, the City Commission finds it to be in the best interests of the health,
safety, and welfare of its business owner, residents, and visitors to provide for the
creation and maintenance of an effective emergency response capability to prepare for
and manage emergency conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. Chapter 2, Article XIV, entitled "Emergency Management" of the
Code of Ordinances of the City of Tamarac is created to read as follows:
ARTICLE XIV. - EMERGENCY MANAGEMENT
DIVISION 1. - GENERALLY
Sec. 2-429. - Definitions.
As used in this article. the followina terms shall have the followin
meanings, unless the context clearly otherwise requires:
Average retail price means the average price at which similar
merchandise, services, rentals, or lodging were being sold or rented
during the thirty (30) days immediately preceding the declaration of a local
emergency.
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Biological Emergency means an infectious disease, including but
not limited to, bacteria, viruses, poisons, perms or other biological
hazards with the potential to spread and cause outbreaks by being
Brayed into the air, used to contaminate food put into drinking water, or
spread by person -to -person contact, released by accident or on purpose
to make people sick.
Consumer good means any service article product merchandise
or commodity of any kind or class, which is customarily produced or
distributed for sale or rental at retail or provided for consumption by or the
use or benefit of individuals, including but not limited to foods, water, ice
clothing, lumber, hardware, chainsaws generators and home
improvement materials; fuel products: and repairs services rentals
lodging, or personal protective equipment ("PPE").
Debris shall include, but is not limited to displaced broken or
discarded building and construction materials garbage vegetative matter
and spoiled or ruined household goods or materials damaged vehicles
(including automobile, trucks, recreational vehicles, trailers and boats).
Emergency means any occurrence, or threat thereof, whether
natural, biological, technological, or manmade, in war or in peace which
results or may result in substantial injury or harm to the population or
substantial damage to or loss of property or widespread economic
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disruption, or disruption to the city's ability to provide municipal services to
its business owners, residents or visitors.
Emergency management means the preparation for, the mitigation
of, the response to, and the recovery from emergencies. Specific
emergency management responsibilities include, but are not limited to:
Reduction of vulnerability of people within the ci
capabilities to damage, injury, and loss of life and property resulting
from an emergency.
Preparation for prompt and efficient response and recovery
within the city's capability to protect lives and property affected by
emergencies.
Response to emergencies using all systems, plans, and
resources necessary and within the city's capability to preserve
adequately the health, safety, and welfare of persons or property
affected by the emeraen
Recovery from emergencies by providing for the rapid and
orderlv start of restoration and rehabilitation of persons and
property affected by emergencies.
Provision of an emergency management systems within the
city's capabilities embodying aspects of pre -emergency
preparedness and post -emergency response, recovery, and
mitigation.
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Assistance in anticipation, recognition, appraisal, prevention,
and mitigation of emergencies within the city's capabilities which
may be caused or aggravated by inadequate planning for, and
regulation of, public and private facilities and land use.
Fuel Product means any home heating oil, kerosene, propane,
natural gas, diesel fuel, methanol, and gasoline.
Manmade emergency means an emergency caused by an action
against persons or society, including, but not limited to, enemy attack
sabotage, terrorism, civil unrest, or other action impairing the orderly
administration of government.
Natural emergency means an emergency caused by a natural
event, including, but not limited to, a hurricane, a storm, a flood, severe
wave action, a drought, an earthquake, or tornado.
Technological emergency means an emergency caused by a
technological failure or accident, including, but not limited to, an explosion,
transportation accident, radiological accident, or chemical or other
hazardous material incident.
Private property means all property that is not owned or controlled
by a governmental entity.
Private streets shall include rights -of -way not owned by the public
that provide access to occupied residential areas, areas in the city used
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for emergency management or recovery purposes, or to areas where
business activity critical to the recovery response effort may occur.
Public safety department head means the fire chief, the police
captain, the building official, and the director of public services.
Recovery plan is the plan that is created and maintained, updated,
and amended by the fire chief, in consultation with the other public safety
department heads for responding to emergency conditions after the
immediate threat to life and property has passed.
Severe weather plan is the plan that is created and maintained,
updated, and amended by the fire chief for severe weather events, in
consultation with the other public safety department heads.
DIVISION 2. - CONFIRMATION OF EMERGENCY POWERS
Sec. 2-430. - Declaration of emergencies and confirmation of autho
(a) The city manager may by written executive order:
Declare a state of emergency. Any such emergency
order must be limited in duration, aDDlicability. and scope in
order to reduce any infringement on individual rights or
liberties to the greatest extent possible as required by state
law.
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Implement the emergency management plan as same
may be amended (hereinafter, the "emergency management
Ian "
Implement the recovery plan as same may be
amended (hereinafter, the "recoveryplan").
Delegate, confirm or direct as necessary the powers
duties, functions, and obligations of the city's public safety
department heads as is appropriate to plan for any
emergency, or to deal with an emergency when same arises
or occurs.
In the absence of the city manager, or if the city manager is
unavailable, the acting city manager may declare a state of
emergency and possess the same powers duties and
responsibilities. In the absence or disability of the city manager or
acting city manager, the following shall be the chain of command to
declare a state of emergency for the city and possess the same
powers, duties and responsibilities, the mayor, the vice mayor, any
elected official (in order of tenure of commission service) assistant
city manager, then any public safety department head (in order of
tenure of employment with the city).
(c) Whenever a state of emergency is declared, in the absence
of any language to the contrary in the executive order, all executive
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and police power of the city shall be vested in the city manager.
These powers include:
Exercising all powers set forth in Section 2-5 of the
City Code to execute emergency relief funding agreements.
(2) Exercising all powers set forth in 252.38, Florida
Statutes, as amended, as well as any other law, rule, or
regulation, including, but not limited to, the power to request
or render federal, state, regional, and county emergency
assistance and the power to render mutual aid to other
governmental entities, authorities, or agencies as may be
appropriate within the city's means and capabilities.
Following or implementing orders of or assisting the
President of the United States or his or her designee, the
Governor of the State of Florida or his or her desianee. the
acting head of the Broward County Emergency Operations
Center, the Broward County Administrator, or an officer of
the United States Military Service or National Guard
designated by the President or Governor to deal with the
emergency.
Authorizing purchases or purchases made during the
state of emeraencv and on such terms and conditions as are
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in good faith believed reasonable and appropriate under the
circumstances.
(5) Waiving for so long as the state of emergency
remains, the competitive procurement provisions of the City
Code of Ordinances.
Entering into contracts to construct or improve a
public building, structure, or other public construction works
project as is necessary to replace, reconstruct, or repair
existing public facilities, where necessary to avoid danger to
the public health or safety, or to prevent loss to public
property, or to prevent an interruption of government
services. The provisions of § 255.20, Florida Statutes, as
amended, concerning competitively procuring local bids and
contracts for public construction works will not apply during a
declared emergency.
Purchasing services, for so long as the executive
order remains in effect, within the scope and practice of
architecture, professional engineering, landscape
architecture, or registered surveying and mapping without
following the provisions of § 287.055, Florida Statutes as
amended, concerning competitively procuring same.
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Amending and supplementing or making contractual
provisions for disaster response and recover .
In circumstances in which the City Commission
cannot be convened for the enactment of an emergency
ordinance, and until such time the City Commission may be
so convened and ratify the actions of the city manager, by
executive order, exercising any power of the governing body
of the City including, but not limited to, the power to establish
a temporary curfew, and make other local law as may be
appropriate to deal with the emergency, or in the absence or
disability of the mayor, exercise any power of the mayor as
provided by the City Charter.
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; and direct and
coordinate the development of emergency management
plans and programs in accordance with the policies and
plans set by the federal and state emergency management
agencies.
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Prohibit the sale of merchandise, consumer goods or
services at more than the average retail price (e.g., price
.. . .
To prohibit or regulate travel upon any public street,
highway or upon any other public property.
13 Suspend local building and zoning regulations as
necessary during the existence of a public emergency,
including but not limited to, regulations for outdoor seating,
temporary and banner signs.
14 Regulate the use of and ration fuel products, ice, and
other essentials.
15 Prohibit any person, firm or corporation from using the
fresh water supplied by the City or any water provider within
the municipal limits of the City for any purpose other than
cooking, drinking, or bathing.
To appoint, employ, remove, or provide, with or
without compensation, coordinators, rescue teams, fire and
police personnel, and other emergency management
workers.
17 Prohibit or regulate any demonstration, parade,
march, vigil, or participation therein from taking place on any
of the public rights -of -way or upon any public property. Such
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prohibition shall only be exercised to further a compelling
public health, safety, or welfare purpose.
18 To establish, as necessary, a primary and one (1) or
more secondary
emergency
operating
centers
to provide
continuity of
government
and
direction and
control of
emergency operations.
(19) To assign and make available for duty the offices and
agencies of the City, including the employees, property, or
equipment thereof relating to firefighting, engineering,
rescue, health, medical and related services, police,
transportation, construction, and similar items or services for
emergency operation purposes, as the primary emergency
management forces of the City for employment within or
outside the political limits of the Citv.
M To the fullest extent allowed by law, the City Commission
during states of emergency waives all procedures and formalities
otherwise required of the city pertaining to:
Performance of public work and taking whatever
prudent action is necessary to ensure the health, safety, and
welfare of the communitv.
Entering into contracts.
Incurring obligations.
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Employment of permanent and temporary workers,
and the assianment and re-assianment of them as may be
appropriate.
Utilization of volunteer or compensated workers.
Rental or purchase of equipment.
M
Acquisition
and
distribution, with or without
compensation,
of supplies,
materials, and facilities.
Appropriation and expenditure of public funds.
(e) The powers confirmed in this article are to be liberal
construed to accomplish their obiective. and further all powers not
expressly identified above but which need to be implied in order to
accomplish the object of express powers are hereby additionally
aranted and confirmed.
(f) A City state of emergency may be terminated by the official
declarina the emeraencv or a person eliaible to declare an
emergency and upon the certification of the person who originally
requested the declaration of the state of emergency (if applicable),
that the conditions leadina to or causina the emeraencv no lonaer
exists and the City's agencies and departments are able to manage
the situation without extraordinary assistance. Provided, however
that a state of emeraencv established under State law shall
terminate as provided by State law. Notice of termination of the
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emergency declaration shall be made to the public by the city
manager or acting city manager by available means.
DIVISION 3. - RECOVERY PHASE: PRIVATE STREETS AND PRIVATE PROPERTY
Sec. 2-431. - Public access to private streets and private property debris
removal during recovery phases of emergency operations.
La � Intent and purpose. The primary mission of the City will be
to protect lives and property and restore governmental services
essential to life and property protection. Depending on the
magnitude and type of the emergency disaster and after
accomplishment of the primary mission, resources may be
available to the City that may not be made available to a private
property owner. The intent and purpose of this section is to
establish a process by which the City may evaluate and, if
necessary, remove debris from along private streets and private
property during the recovery phases of emergency operations in
the event of an immediate threat to life and to public health and
safety and after a significant emergency response. While the City
recognizes, as a general proposition, the removal of debris from
private property is responsibility of the property owner, there are
occasions when, because of the magnitude or type of the
emergency and the threat posed to human life, health, and safety,
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there may be a justification for removing debris from private streets
and other private property as described in this Section.
Emergency roadway clearance as part of an emergency
response. The City may as part of an initial response to an
emergency clear and push debris from all private streets as
determined necessary for the movement of emergency vehicles
including police, fire, and emergency medical rescue, and the
provisions of this Division 3 shall not apply to such action.
(c) Private streets and property. Except as provided in
subsection (b), the City, independently and through its contract
agents, may remove debris from private streets or private property
as part of a recovery phase of operations to an emergency when
such debris is determined to pose an immediate threat to the
Ith, safety, and welfare in accordance with anv one (1) of the
following standards:
LIJ There is a significant likelihood that law enforcement
fire suppression, or medical rescue vehicles will be
significantly hindered from rendering emergency protective
services should the debris be allowed to remain in
The type of debris is such that it may reasonably
cause disease. illness. death. or sickness if it is allowed to
remain.
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The clearing is necessary to effectuate orderly and
expeditious restoration or safety work concerning
governmental and franchised services including, but not
limited to, electrical power, water, sewer, natural gas,
telephone, and solid waste collection and disposal services.
The
debris is
determined to be dangerous
or
hazardous.
includina
increasing substantiallv the
threat
of
losion. fire. or wind born hazards in a manner and degree
materially different than in other areas affected by the
emergency generally.
The debris needs to be removed to facilitate access to
and use of commercial activity determined critical to the
public in the response or recovery to the emergency (e.g.,
access to hospitals and medical camps or clinics: arocery
stores or food or water distribution areas; temporary waste
disposal
sites;
temporary
shelters;
areas
or buildings
or
temporary
camps
used
for the
shared
and temporary
continuation of commerce, etc.).
The debris contains known environmental
hazardous materials and the Citv has the special means
method, manner, and techniques available at its disposal to
remove same.
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The debris has a substantial negative impact in
preventing or adversely affecting emergency repairs to
buildings or property, or both.
The presence of debris significantly adversely impacts
the City's emergency response or recovery efforts.
The debris significantly interferes with drainage or
water runoff, so as to contribute to a significant hazard or
significant flooding in the event of extended and heavy
C_ I I
The sheer volume of the debris is such that it is
impractical and unreasonable for private property owners to
remove it in an orderlv and efficient manner absent
intervention by a governmental authority.
The type, extent, and nature of the debris is such that
it would cause much greater damage if the debris was not
removed immediately. The city manager or designee shall
consider anv other danger or aooravatina factor he or she
finds applicable to assessing whether the removal of disaster
debris would cause much greater damage if the debris was
not removed immediate
12 When acting on, or implementing, the Order of the
President of the United States or his or her designee, the
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Governor of the State of Florida or his or her designee, the
actina head of the Broward Countv Emeraencv Operations
center. or the officer of anv branch of the United States
Military Service or National Guard who may be desianated
by the President or Governor to react or respond to an
emeraencv. or when renderina mutual aid.
Private property. Nothing herein shall require the City,
independently or through its contract agents, to remove debris from
private streets or private property. All actions of property owners,
or their agents, to collect, reduce, remove, or otherwise dispose of
debris shall comply with all provisions of federal and state law, and
with this
Code.
Burning of debris is prohibited
at
all
times.
In
addition
to those
instances identified in
subsection
(c)
above.
the
Citv may also remove debris from private roadways and private
property where the severity of the situation is of such magnitude or
the debris is so widespread that it is determined to be a sianificant
immediate threat to the health, safety, and welfare of the citv and it
is determined in the overridina public interest of the Citv to remove
debris from such areas.
(e) Collection and removal of disaster debris. The City will on
remove debris
piles that
have been
collected and located as
pursuant to an
Executive
Order of the
citv manaaer or desianee.
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The City may prioritize the removal of different types or quantities of
disaster debris consistent with the Executive Order.
(f Private property access for emergency response and debris
Fr-RF-M-W,.,n
Upon declaration of a state of emergency affecting
the Citv by the federal or state aovernment. or the
declaration of a state of local emergency by the City, and
until the state of emergency and/or state of local emergency
has been lifted or otherwise ceased, communities with
private rights -of -way, whether gated or un-gated, shall allow
unlimited access throuah all community entrances to the Ci
and its agents for response to emergencies and
circumstances that pose serious and immediate threats to
the life, health and/or safety of the public.
To facilitate unlimited access throughout communities
with private rights -of -way:
Q Community entrances with gatehouses that are
staffed shall provide access to the city's agents and
vehicles upon display of proper identification.
Qq Community entrances with gatehouses that are
staffed less than twentv-four (24) hours a day shall
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keep gates open when the gatehouses are not staffed
for the duration of the emergency declaration.
tHq Community entrances without staffed
gatehouses shall keep gates open twenty-four (24)
hours a day for the duration of the emergency
Indemnification and hold harmless. Prior to removal or
clearance of debris as contemplated in this division on private
roadways and private property, and in consideration of the
circumstances as they may then exist, the city may require as a
condition
precedent to such action that a property
owner:
Remise, release, acquit,
satisfy,
and forever
discharge the City, the United States, the State of Florida,
the Countv of Broward. and all other resoondi
overnmental entities and agencies, and their respective
elected and appointed officers, directors, employees, and
contractors (hereinafter referred to as the "released party")
of and from anv and all manner of action and actions, claims
cause and causes of action, suits, debts, dues, sums of
monev. accounts. reckoninas. bonds. bills. specialties
covenants, damaaes or demands, contracts, controversies
agreements, promises, variances, trespasses, judgments,
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executions, claims and demands whatsoever (includina an
and all damages, expenses, attorneys' fees, costs or losses
sought or claimed), in law or in equity, both compensatory
and punitive, in whatever name or nature, in tort, in co
by statute, by code, by ordinance, or by act or omission of
the released party, or by some or all of the foregoing, of
whatever name or nature, in any manner arisen, arising or
growing out of, or which in any way may arise out of or could
have arisen out of, or relates to or could relate to, or in any
way pertains to the clearance of debris from private
roadways and private property; and to,
Indemnify and hold the released party harmless from
and against any and all claims, losses, damages, liabilities,
penalties, fines, costs, fees and obligations of whatsoever
nature or kind, caused by alleged negligent, reckless, or
intentional acts
or omissions
of
the
property
owner or
released party,
or both, and
in
anv
manner
arising or
growing out of, or which relates to or could relate to, or in
any way pertains to, the clearance of debris from private
roadways and private property.
The decision of the Citv to reauire or not reauire a release or an indemni
or both, as a condition precedent to clearing debris from a private roadway
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area or a particular private property shall not constitute a waiver of the
City's immunity from liability, or constitute a waiver of or election between
any immunity, privilege, defense, or avoidance to liability as the City may
enjoy or as may then exist. Additionally, and regardless of whether the
City requires a release or an indemnity, or both as a condition precedent
to clearing debris from a private roadway area or a particular private
property, the City shall not assume or be deemed to have assumed any
general or special duty of care to the property owner, or the current or
future occupants, or any invitees of the premises affected.
Section 3. Chapter 9, Division 4, "Disaster Access and Debris Removal" of the
Code of Ordinances of the City of Tamarac is hereby repealed and such Division shall
be reserved as follows:
Sec. 9-67 through Sec. 74. — Reserved. Purpese and defiRitiens
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Section 4. The provisions of this Ordinance shall be codified and become and
be made part of the City of Tamarac Code of Ordinances. The Sections of this
Ordinance may be renumbered or re -lettered to accomplish such intent and the word
"Ordinance", or similar words, may be changed to "Section", "Article", or other
appropriate word. The Code codifier is granted liberal authority to codify the provisions
of this Ordinance.
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Section 5: The City Manager, or designee, shall have the power and authority
to implement the provisions of this Ordinance by taking the appropriate actions to
include, but not limited to, the promulgation of appropriate administrative rules and
forms.
Section 6: To the extent of any conflict between any other City regulations and
ordinances and this Ordinance, this Ordinance shall be deemed to control. Provided,
however, that this Ordinance is not intended to amend or repeal any existing chapter or
regulation, unless expressly set forth in this Ordinance.
Section 7: If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held to be 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
portion hereof.
Section 8: This Ordinance shall become effective immediately upon adoption.
"The remainder of this page is left blank intentionally"
CODING: Words in strike thFo unh type are deletions from the existing law;
Words in underscore type are additions.
�d
PASSED, FIRST READING this �Z
2022.
day of
Temp. Ord. # 2506
June 15, 2022
Page 33 of 33
PASSED, SECOND READING this day of
2022.
11�`467 A
MAY R MICHELLE J. EZ
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1: COMM BOLTON
DIST 2: VM GELIN
DIST 3: COMM VILLALOBOS��
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: VM GELIN
DIST 3: COMM VILLALOBOS
DIST 4: COMM. PLACKO
ATTEST:
KIMBERLY DILLON, CMC
ACTING CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THEiCITY OF TAMARAC ONLY:
JO ERIN, .
CITY ATTORNEY
CODING: Words in str*ke through type are deletions from the existing law;
Words in underscore type are additions.