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HomeMy WebLinkAboutOrdinance 90-20 ORDINANCE NO. 90-20 CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO STATES OF EMERGENCY; CREATING A NEW CHAPTER 23 OF THE CODE OF ORDINANCES; DESIGNATING THE MAYOR, OR HIS DESIGNEE, AS THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY; AUTHORIZING EMERGENCY MEASURES INCLUDING SUSPENSION OF LIQUOR SALES, RESTRICTIONS ON FIREARMS, ESTABLISH- MENT OF CURFEW, RESTRICTIONS ON PUBLIC CONGREGATIONS, PROHIBITION OF PRICE GOUGING, AND CONFISCATION; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is an of the occurence of natural within the City of Ocoee: and existing and continuing or manmade disasters or possibility emergencies WHEREAS, Section 252.38, Florida Statutes, provides that in order to provide effective governmental response to emergencies, municipalities are authorized and encouraged to create municipal emergency management agencies: and WHEREAS, Section 252.38(6) provides municipalities with the authority to declare a state of local emergency. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: the of and Section 1. The City Commission authori ty to adopt this Ordinance the Constitution of the State of 252, Florida Statutes. of the City of Ocoee has pursuant to Article VIII Florida and Chapters 166 Section 2. A new Chapter 23 of the Code of Ordinances of the City of Ocoee, Florida is adopted as follows: CHAPTER 23 STATE OF EMERGENCY Section 23-1. Definitions. (a) Emergency is defined as any occurence 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. (b) Firearm is defined to be any revolver, pistol, automatic loading pistol, shotgun, rifle, machine gun, submachine gun or . machine pistol. (c) Weapon is hereby defined to be: (1) Any bludgeon, blackjack, slingshot, metal kuckles, switchblade knife: or (2) Any tear gas bomb or other object containing a noxious gas or substance, when carried on or about the person or located in any vehicle; or (3) Any other dangerous or deadly weapon or instrument of like character, used or carried in such circum- stances as to evidence an intent to use the same unlawfully against another. (d) Alcoholic beverage is defined to be a liquor, wine, beer or other intoxicating substance, containing more than three and two-tenths (3.2) percent of alcohol by weight. Section 23-2. Proclamation by Mayor. (a) If the Governor has not declared a state of emergency within the City of Ocoee and the Mayor, or his designee, determines that there is reason to believe that there exists a state of emergency as defined in Section 23-1(a), the Mayor, or his desig- nee, may declare that a state of emergency exists within the City, or any part or parts thereof, and invoke the automatic and discretionary prohibitions detailed below. . (b) The Mayor, or his designee, shall proclaim in writing the existence of the state of emergency, and file a copy of such proclamation with the Chief of Police, Chief of Fire Department, and the Office of the City Clerk. The Mayor shall also give prompt notice thereof to all local newspapers of general circula- tion and to such radio or television or other news media, postings or loudspeakers, as he shall reasonably deem advisable. Section 23-3. Duration and termination of emergency. Because of the imperative necessity for quick and official response, the state of emergency shall commence immediately upon the Mayor's proclamation, and shall terminate only upon subsequent mayoral or governor's proclamation, or by resolution of the City Commission adopted in regular or special session. In no event shall a state of emergency extend for more than seventy-two (72) consecuti ve hours after being invoked, except by action of the Ci ty Commission in adopting an emergency ordinance or resolution in regular or special session. The findings of the Mayor, or his designee, or the City Commission on all matters pertaining to this section shall be conclusive. Section 23-4. Emergency measures. Whenever the Mayor, his designee, or the City Commission proclaims or finds that a state of emergency exists, as defined in Section 23-1(a) herein, the Mayor, his designee, or the City Commission may then, or subsequently by further proclamation or resolution, order and promulgate all or any of the emergency measures provided in this section, in whole or in part, with such limitations and conditions as may be deemed appropriate, to be applicable to the whole or to any geographical area of the City, and at such times, as he reasonably believes advisable. Such measures shall be effective only during the period of such state of emergency, and they shall be set forth by the proclamation in substantially the same manner as the following subsections: (a) Automatic prohibition upon display and sale of weapons. . (1) Sale or transfer of weapons. during the state of emergency, all persons are prohibited from selling or offering to sell, with or without consideration, purchasing, transferring, giving, distributing or exchanging any weapon: except, that this provision does not apply as between duly authorized law enforcement officials acting in the official performance of their duty. ( 2 ) Display of weapons in stores. During the of emergency, the display by or in any or shop of any weapon is prohibited. state store ( 3 ) Possession of emergency, the place of any weapons. During the state of knowing possession in a public weapon, except by duly authorized -2- law enforcement officials or persons in military service acting in the official performance of his duty, is prohibited. (b) Discretionary prohibitions upon alcoholic beverages and flammable liquids, curfews and public congregations. (1) Dispensing of alcoholic beverages. during the state of emergency, all persons are prohibited from selling or distributing any alcoholic bever- age with or without payment or consideration therefor. . (2) Possession of alcoholic beverages. During the state of emergency, the possession by any person in a public place of any container or vessel containing an alcoholic beverage is prohibited. (3) Sale or transfer of flammable or explosive sub- stances. During the state of emergency, all persons are prohibited from knowingly purchasing, transferring, with or without consideration, gi ving, distributing or exchanging any flammable or explosive substance such as, but not limited to, gasoline, kerosene, lighter fluid, charcoal lighter, wood alcohol, fuel oil, phosphorous, magnesium, black powder, grenade, molotov cocktail or dynamite: except, that filling stations may pour fuels into a tank properly affixed to an operable motor driven vehicle, bike, scooter, cycle, boat or airplane, when necessary for the propulsion thereof: and except, that heating substances may be delivered to residences, stores, office and other buildings, when poured into tanks properly affixed or connected to operable heating units. ( 4 ) Possession of flammable or explosive substances. During the state of emergency, the knowing posses- sion in a public place of any container containing any flammable or explosive substance, such as those enumerated in subsection (3) of this section is prohibited. . (5) Establishment of curfew. During the state of emergency, all persons in the City (or in certain geographical areas thereof specifically desig- nated), are prohibited from being abroad in vehicles or on foot between the hours of and , except for persons actually engaged in the performance of governmental or emergency duties, doctors of medicine or dentistry and other hospital personnel proceeding to or from their places of work and their patients, public service employees proceeding to or from their places of work, and on-duty operators of ambulances or other emergency vehicles. (6) Public congregations. During the state of emer- gency, it is prohibited for any person or persons in a public place, to refuse to obey a reasonable and lawful command of a policeman or other law enforcement official to leave the immediate area or disperse, when fairly made to prevent a breach of the peace or protect public safety. -3- (c) Discretionary closing of public parks. During the state of emergency, all public parks (or certain public parks specifically designated) are closed and all persons are prohibited from entering into or being physically present in said parks, except for persons actually engaged in the performance of govern- mental or emergency duties in or about said parks. (d) Price Gouging. Until further notice it shall be unlaw- ful for any person to charge more than the prevailing retail price for any merchandise sold wi thin the City of Ocoee. The prevailing retail price is defined as that price at which similar merchandise was being sold during the 90 days immediately preceed- ing the state of local emergency. . (e) Confiscation. During the state of emergency the City shall have the power and authority to confiscate merchandise, equipment, vehicles or property necessary to alleviate the emer- gency. Reimbursement shall be made within sixty (60) days at the customary value charged for the items during the ninety (90) days previous to the emergency. Section 23-5. Penalty. Any person who violates any provision of this Chapter, or violates any emergency measure promulgated in accordance with this Chapter, shall be punished as provided in Section 1-8 of this Code which includes a fine of up to $500 and imprisonment of up to 60 days, or both. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or uncon- sti tutional 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 hereto. Section 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this J1j day of -2<f-PTl:::me,~~ , 1990. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 11 City Clerk ~~r (SEAL) . ADVERTISED September 6 , 1990 READ FIRST TIME September 2. , 1990 READ SECOND TIME AND ADOPTED September 18 , 1990 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGA~!lL:, ihis \~ day of J'1" ~I.g<r , 1990 FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN V6flf ~ APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON SE (-> rt--m ~ H<.. , 19 9 0 UNDER AGENDA ITEM NO. V A By: City Attorney -4-