Ordinance 2018-37 ORDINANCE NO. 2018- 3 7
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.84-
37,AS AMENDED, CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES,
ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE
CODE OF LAWS AND ORDINANCES,PROVIDING FOR CURFEWS AND
OTHER AUTHORIZED EMERGENCY MEASURES TO BE ENACTED
VIA RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 84-37 addressed the need to designate a
County Official to declare a local state of emergency(as defined in Chapter 252, Florida Statutes)
and authorize certain actions relating thereto when a quorum of the Board of County
Commissioners(Board)is unable to meet; and
WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting
Ordinance Nos.2001-45,2002-50,2007-49,2011-34,and 2017-38,which are codified in Chapter
38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and
Ordinances of Collier County,Florida; and
WHEREAS, this amendment is to direct that curfews and other authorized emergency
measures enacted pursuant to Section 38-68 shall be memorialized in writing by a Resolution
signed by the County Official authorized by Section 38-68 to enact such emergency measures
when a quorum of the Board is unable to meet; and
WHEREAS, the Board finds that the adoption of this amendment advances the
health, safety, and welfare of the residents of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Ordinance No.84-37,as amended,and as codified in Article III,Declaration
of State of Emergency, Section 38-68 Authorized Emergency Measures, of the Code of Laws and
Ordinances of Collier County, Florida, is hereby amended as follows:
Words Underlined are added;Words Sigh are deleted.
Page 1 of 5
Section 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.
Words Underlined are added;Words Struck-T1hrough are deleted.
Page 2 of 5
(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.
Words Underlined are added;Words Struck-Through are deleted.
Page 3 of 5
(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.
Words Underlined are added;Words Strums are deleted.
Page 4 of 5
SECTION TWO: CONFLICT AND SEVERABILITY
In the event that this Ordinance conflicts with any other ordinance of Collier County or
other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this' -\ clay of , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL COLLIER C TY, FLORID
INTERIM CLERK �.
Co(
, -puty Clerk ANDY SOLIS, CHAIRMAN
signature only..
Approve as t•,f, and legality:
is" . F`
This ordinance filed with the
b►- : Secretory' of State's Office the
Jeffrey A. ' .w, County Attorney ��a troy of y ,a-o t fh
and acknowledgement_o that
filin re eived this 1 "`doy
of , z1C)/t
Deputy Clerk
Words Underlined are added;Words Sisk-Through are deleted.
Page 5 of 5
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FLORIDA DEPARTMENT
TMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-37, which was filed in this office on July 12, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us