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Ordinance 84-37ORDINANCE NO. 84.- 37 AN ORDINANCE DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, OR IN HIS ABSENCE, VICE-CHAIRMAN OR COUNTY MANAGER, IN T}IIS SUCCESSION, AS THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY IN THE EVENT OF A NATURAL OR MANMADE DISASTER OR THE IMMINENT THREAT THEREOF; AUTHORIZING SUCH OFFICIAL TO TAKE CERTAIN EMERGENCY MEASURES RELATING THERETO; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and destruction resulting therefrom, and in order to ensure the readiness of Collier County to adequately deal with such disasters and generally provide for the protection of the public health, safety, and welfare to and preserve the lives and property of the people of Collier County, it is hereby determined to be in the best interests of Collier County that the following Ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: .- SECTION ONE: It is the intent of the County to designate a Cou~ Official to declare a local ~tato of emergency and t~ aut_~ri~ certain actions relating thereto when a quorum of th% Boa~ of County Commis&ioners is unable to meet. For the purpose of this Ordinance, emergency is defined, as provided in Chapter 252, Florida Statutes, as follows: any 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 population or substantial damage to or loss of property. SECTION TWO: Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community in the event of a state of emergency, when a quorum of Th~ o~i~e filed wi~ the Board of County Commission is unable to meet, the Chairman of the Board of County Commissioners, or the Vice-Chairman in his absence, or the County Manager in the absence of the Chairman and Vice-Chairman, is hereby designated and empowered to declare a local state of emergency whenever he shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. SECTION THREE: A state of emergency shall be declared by proclamation of the Chairman, or the Vice-Chairman in his absence, or by the County Manager in the absence of the Chairman and Vice-Chairman. The state of emergency shall continue until the Chairman, or Vice--Chairman in his absence, or County Manager in the absence of the Chairman and Vice-Chairman finds that th% threat or danger no longer exists and/or until an emergency ~eeting of a quorum of the Board of C6unty Commissioners can take place and terminate the state of emergency by proclamation. SECTION FOUR: A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Collier County and shall be the authority for use or distribution of any supplies, equipment, materials, facilities assembled or arranged to be made available pursuant to such plans. SECTION FIVE: 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 absence, or County Manager in the absence of the Chairman and Vice-Chairman, 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. 2 Suspend or limit the sale, dispensing, or transportation of alcoholic beveragel, firearms, explosives and combustibles. 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. Utilize all available resources of the County government as reasonably necessary to cope with the disaster emergency, including emergency expenditures not to exceed $50,000. Any expenditures requiring checks, Purchase Orders, etc. shall be required to be co-signed by the Clerk. De Declare certain areas off limits, to all but emergency personnel. Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's Emergency Plan. Declare that during an emergency it shall be unlawful and an offense against Collier County for aty person, firm, or corporation to use the fresh water supplied by the County or the City of Naples for any purpose other than cooking, drinking dr bathing. Declare that during an emergency it shall be unlawful and an offense against Collier County for any person, firm or corporation 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 ninety (90) 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. Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within sixty (60) days and ~t customary value charged for the items during ninety (90) days previous to the emergency. Preceding or during the emergency the Chairman, Vice- Chairman, or in their absence, the County Manager, shall have the authority to call on 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. SECTION SIX: Nothing in this Ordinance Shall be construed to limit the authority of the Board of County Commissioners to declare or terminate a state of emergency and take any action authorized by law when sitting in regular or special session. SECTION SEVEN ~ Any person, firm or corporation who refuses to comply with or violates any section of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, shall be guilty of a misdemeanor and upon conviction for such offense, shall be punished by a fine not to exceed Five Hundred Dollars (SS00.00) or by impri~onment not to exceed sixty {60) days in the county Jail, or both, in the discretion of the court. Each day of continued non-compliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of Collier County found guilty of violating any provision of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, may have his license suspended or revoked by the Board of Commissioners of Collier County. Nothing herein contained shall prevent the County from taking such o~her lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this Ordinance or the emergency measures which may be made effective pursuant to this Ordinance. Such other lawful action shall include but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. SECTION EIGHTs In the event 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 a separate, distinct and independent provision and such holding shall not affec'= the validity of the remaining portion. SECTION NINE l This Ordinance shall take effect as provided by law. .'...',.;<..~.,...,.. ',.', I . ~; : ,~.:' .'" '," :,'. :. u/! I/////. ~ /.~. _ ~urt L. SauCers Collier County Attorney WILLIAM J. ~MAC,~N, cl~rk of Courts ~n m~d fo= th~ ~t~ .f~~ ~s a ~ ~~ of: ~~ ~. ~-37 ~ ~t~ ~ ~ ~ss~ ~ ~e ~ of ~ ~,,,~ssi~ ~ ~e 2~ ~ of ~y, 19~. ~S ~ ~d ~d ~e official se~ of ~e ~ of ~ ~,u~si~s of ~11t~ ~, ~o~, ~s 2~ ~y of ~, 1984. WILLIAM J. RF2TAN Clerk of Cz, au md Clerk Ex officio to Board of Gounty C~,,,~ ssioners "/?~'1 '.'.9"