Loading...
HomeMy WebLinkAboutOrdinance 98-13 EMERGENCY ORDINANCE NO. 98-13 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA DECLARING A STATE OF LOCAL EMERGENCY; PROVIDING FOR POSTING OF NOTICES; PROVIDING FOR THE REPEAL OF CERTAIN LICENSES AND PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governor of the State of Florida has issued Executive Order Number 98-141 issued June 7, 1998, declaring a State of Emergency throughout Florida due to the forest and brush fires occurring within the State; and WHEREAS, the Governor of the State of Florida has issued Executive Order Number 98-165 issued on June 25, 1998 banning the sale, use and discharge of fireworks and sparklers; and WHEREAS, the Governor's Executive Orders expressly recognized the extreme potential for more fires that threaten life and property and have instituted a ban on burning authorizations statewide; and WHEREAS, Linda W. Chapin, as the Orange County Director of Emergency Management has issued a Declaration of Local Emergency and Local Emergency Orders Regarding Sales and Personal Use of Fireworks and Sparklers, said Declaration being applicable in unincorporated Orange County; and WHEREAS, several cities and counties have experienced losses and damages to real and personal property and citizens have sustained injuries from the fires; and WHEREAS, the President of the United States has declared Florida a disaster area as a result of these fires; and WHEREAS, the National Weather Service has determined that extremely dry weather conditions have created a high fire danger and the weather forecasts show a high burn potential; and WHEREAS, the Ocoee Fire Chief advises that the risk of grass and brush fires posing imminent danger to the residents and property located in the City of Ocoee is extremely high, given the current weather and ecological conditions; and WHEREAS, the Ocoee Fire Chief recommends that, due to the serious imminent threat of fire damage in the City, a state of local emergency be declared; and WHEREAS, Section 252.38(3)(a)(5), Florida Statutes, provides authority for political subdivisions to declare a state of local emergency; and WHEREAS, Chapter 73 of the Code of Ordinances of the City of Ocoee provides for enactment of states of emergency when the occurrence or threat thereof, whether accidental, natural or caused by man, results or may result in substantial injury or harm to the population or substantial damage to or loss of property; and WHEREAS, Section 252.38, Florida Statutes, specifically recognizes that safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the State of Florida; and WHEREAS, Section 166.041(2)(b), Florida Statutes, authorizes municipalities to enact emergency ordinances; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 2 SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Emergency Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 252, Florida Statutes, and Chapter 73 of the Code of Ordinances of the City of Ocoee. SECTION 2. Declaration of state of local emergency. Dry conditions and the imminent potential for further grass and brush fires pose a serious threat to the lives and property of the residents of the City of Ocoee. Therefore, a state of local emergency is hereby declared, effective immediately. This state of emergency shall be effective within the corporate limits of the City of Ocoee, Florida. SECTION 3. Publication of notice. The Ocoee Police Department and Ocoee Fire Department are directed to publicize the Governor's Executive Order No. 98-165 and the dangers, risks and prohibitions associated with the sale and ignition of fireworks and sparklers during the time that this state of local emergency remains in effect. SECTION 4. Repeal of Certain Permits and Licenses. All permits and licenses previously issued by the City which permit or authorize the sale of fireworks and/or sparklers shall be and hereby are suspended during the time this state of local emergency remains in effect. Any person issued such a permit may cancel the permit and receive a refund of all fees paid to the City. Such refunds shall be accomplished by a procedure approved by the City Manager. SECTION 5. Enforcement. The Ocoee Police Department and the Ocoee Fire Department are hereby authorized and directed to enforce Executive Order Number 98-165 issued on June 25, 1998 by the Governor of the State of Florida. 3 SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Emergency Ordinance is for any reason 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 affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Emergency Ordinance shall become effective immediately upon passage and adoption. This Emergency Ordinance shall automatically stand repealed as of the 61st day following the date of its adoption, but this shall not prevent reenactment of this Emergency Ordinance under regular procedures or, if the above stated emergency still exists, by re-adoption as an emergency ordinance. 4 PASSED AND UNANIMOUSLY ADOPTED this 25th day of June, 1998. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY _:~TtiE CITY OF OCOEE, FLORIDA ..~>.., APPROVED AS TO FORM AND LEGALITY this)-5day of June, 1998. FOLEY & LARDNER By: Wf kdkI City Attorney C: \ wp51 \docs\ocoee\firework-Ord. 216/25/981 orl1l8EO 171 SACA 1 FEC 5 APPROVED: CITY OF OCOEE, FLORIDA S-S:~ APPROVED BY THE OCOEE CITY COMMISSION AT A SPECIAL MEETING HELD ON JUNE 25TH, 1998.