§ 14-44. Emergency management powers.

(a)

Generally. When an emergency has been declared, and where time and circumstances permit, the powers of the city commission, including the mayor, and the powers of the various city officials, including the city manager, shall be exercised in the same manner as provided under the Charter and ordinances and laws of the city. Otherwise, where an emergency has been duly declared, and where circumstances prevent at least four (4) commissioners from meeting, then a majority of the commissioners (including the mayor) able to meet may act by resolution and the mayor, if present, shall have a vote in any action but shall not have veto authority. In the event of a tie vote, however, in which the mayor is participating, the mayor's vote shall be given additional weight in order to break any tie during a state of emergency. Further, in any event, a declaration of a state of emergency may be rescinded at any time upon a vote of a majority of a quorum of the commission, subject to veto power of the mayor. In the event, and only in the event, that no commissioner nor the mayor is available for decision-making functions during the state of an emergency, then in addition to his normal powers and duties, the city manager, or in his absence the emergency management coordinator/director, may act for the city. The emergency powers herein shall include authorizing the mayor, the city manager or city emergency management director/coordinator to act under such written emergency management plan as shall have been formally approved by the commission. In the absence of such plan, the emergency powers herein shall include authorizing such person to exercise the following powers and duties:

(1)

Utilize all available resources of the city as is reasonably necessary to cope with the emergency;

(2)

Compel performance by appointed officials and employees of the duties and functions of their positions affected by the emergency;

(3)

Contract, requisition and compensate for goods and services from private sources;

(4)

Direct and compel evacuation of all or part of the population from any stricken or threatened area within the city, and establish curfews and other regulations as necessary to preserve life or assist in the mitigation of damage to persons or property within the city;

(5)

Prescribe routes, modes of transportation and destinations in connection with evacuations;

(6)

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

(7)

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives or combustibles, and to require curtailed use of water and to require rationing of gas, foods and other basic necessities.

(8)

Make provisions for the availability and use of temporary housing.

(b)

State-ordained powers. During the state of emergency the city shall have those powers and authorities as set forth in F.S. § 252.38(6) and as the same may be subsequently amended.

(Ord. No. 2008-12, § 1, 8-28-08; Ord. No. 2011-17, § 2, 9-22-11)