§ 14-41. Definitions.

Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application:

Curfew means a temporary prohibition against any persons walking, loitering, standing, bicycling or motoring upon any sidewalk, street, public property, vacant premises or any public place within this city, or some designated part or parts thereof, except however, those persons whose official duties require them to be present during time of emergency.

Debris means displaced, broken, or discarded building/construction materials, garbage, vegetative matter, spoiled or ruined household goods or materials, dead fish, or marine flotsam and jetsam.

Disaster means an emergency that, in most cases, is beyond the capability or resources of the City of Flagler Beach to handle independently of other local, state or federal assistance.

Emergency means any sudden occurrence or threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the people of the city or substantial damage to or loss of property within the city, or substantially impairs the ability of the city to maintain law and order within the city.

Manmade disaster means any calamity resulting in injury or death to persons or destruction of property whereby extraordinary measures must be taken to protect the public health, safety, welfare, lives and property of the people of this city.

Natural disaster means any calamity, including but not limited to floods, tornadoes, hurricanes or explosions, which threatens or causes injury or death to persons or destruction of property whereby extraordinary measures must be taken to protect the public health, safety, welfare, lives and property of the people of this city.

Private property means all property that is not owned or controlled by a government entity.

Private streets, roads and roadways means the rights-of-way, as well as the improved surface, that are not owned or controlled by a government entity which provides access to residential and commercial areas.

Riot or unlawful assembly means two (2) or more persons, armed or unarmed, who shall riotously or tumultuously assemble themselves upon any property, private or public, within the city.

State of emergency exists when there has been an emergency and there has been a declaration by executive order or proclamation of the governor or, in his absence, his successor as provided by law, finding an emergency has occurred or that the occurrence or the threat thereof is eminent and that the city is within the geographical areas included under the executive order or proclamation. A state of emergency may also be declared by a quorum of the city commission. Should time and circumstances prevent a quorum from meeting then a state of emergency may be declared by the mayor of the city, or in his absence by the chairman of the city commission, or in the absence of the mayor and chairman, by the vice-chairman, and in the absence of the mayor, chairman, and vice-chairman, by a majority of commissioners [who] under the circumstances [are] then able to meet, and in the absence of any of the foregoing by the city manager, and in the absence of the city manager, then the emergency management coordinator/director. Such a declaration may be declared retroactively in situations where a prospective declaration was not feasible under the circumstances.

(Ord. No. 2008-12, § 1, 8-28-08)