0873 Declaration of Emergency ORDINANCE NO. 873
• AN EMERGENCY ORDINANCE ENACTED BY THE CITY OF
OKEECHOBEE, FLORIDA TO ACCEPT RECOMMENDATION OF CHIEF
OF POLICE TO EXTEND DECLARATION OF EMERGENCY AS
PROVIDED IN F.S. 870; PROVIDING FOR AN EXTENSION OF 72 HOUR
DECLARATION; PROVIDING FOR DECLARATION TO CONTINUE FOR
INDEFINITE PERIOD OF TIME AS DEEMED APPROPRIATE BY THE
CHIEF OF POLICE AS STATUTORILY DESIGNATED EMERGENCY
MANAGEMENT OFFICIAL FOR THE CITY OF OKEECHOBEE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida , a municipality under the laws of the State
of Florida, is empowered by F.S. 870.042 and 870.043 to declare the existence of
an emergency within the city when in the opinion of the Chief of Police, the person
designated by F.S. Chapter 870 as the emergency management official for the City
of Okeechobee; that a situation exits that potentially constitutes an imminent threat
to public safety, peace or order, and threat to public and private property or
persons; and
WHEREAS, the City of Okeechobee, Florida is currently included in a hurricane warning
issued by emergency management services and the National Weather center the
weekend of September 25-27, 2004, which designation declares that the City of
Okeechobee could experience hurricane force winds within 24 hours of such
designation; and
WHEREAS, the hurricane warning was issued by virtue of Hurricane Jeanne, a category
3 storm with sustained winds in excess of 120 mph at the time of this ordinance,
and which is predicted to pass over or very near to the City of Okeechobee on
Saturday, September 25, 2004, and such storm is capable of inflicting serious loss
of property and or lives; and
WHEREAS, the track of the storm is uncertain, but due to its present forward motion is
expected to cause sustained winds, rain and potential for damage for a time period
in excess of that 72 hour period permitted to be imposed by the Chief of Police; and
WHEREAS,the City of Okeechobee is permitted to approve ordinances on an emergency
basis with one reading, by virtue of F.S. 166.041(3)(b), and has taken all reasonable
steps to advertise said meeting to the general public;
THEREFORE, in order to preserve the peace and order within the City; to monitor and
prevent civil unrest, looting or other unlawful conduct; to permit repair of utility and
municipal services, clean up and restoration of basic services; and to assist in the
protection of life and property, the City Council, for the City of Okeechobee, Florida,
by unanimous vote, adopts the following emergency ordinance to be effective
throughout the municipal boundaries for the City of Okeechobee:
1. THAT the Chief of Police, as designated emergency management official for
the City of Okeechobee under F.S. Chapter 870, possesses the authority to
enact a state of emergency within the municipal boundaries of the City of
Okeechobee, or parts thereof.
2. THAT the state of emergency declared by the Chief of Police shall
commence immediately upon his declaration thereof, but only continues for
a continuous period of 72 hours, which may then be extended by this action
of the City Council for the City of Okeechobee as provided in F.S. 870.047.
•
3. THAT at the request of the Chief of Police, the City Council for the City of
Okeechobee, Florida hereby authorizes the extension of the state of
emergency for a time period in excess of 72 hours if deemed necessary by
the Chief of Police, and to continue for such time period until rescinded at the
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discretion of the Chief of Police, or the general state of emergency currently
in effect be suspended by the Governor for the State of Florida.
• 4. THAT for the duration of any declared state of emergency or extension
thereof, and effective immediately upon the declaration, no person or entity
shall sell, or offer for sale, regardless of whether consideration is passed,
any firearm of any description or ammunition; and no person shall
intentionally possess or display any firearm, therefore, excepting a duly
authorized law enforcement officer or a person in the military service acting
in the official performance of his or her duty.
5. THAT the chief of police, in addition, for the duration of the declaration or
extension thereof, may enact in his discretion as necessary, the following
additional emergency measures:
a. A curfew restricting pedestrian and vehicular traffic within the City of
Okeechobee, excepting law enforcement, emergency management,
fire safety, or medical personnel acting in the performance of their
official duties. The hours of the curfew shall be set by the Chief of
Police.
b. The sale or possession of alcoholic beverages with or without
consideration may be prohibited within the City of Okeechobee
between hours of the day as deemed appropriate by the Chief of
Police.
c. The Chief of Police may in his discretion order the closing of places
of public assemblage, including commercial business' for such hours
of the day as he deems appropriate, until further order of the Chief:
d. The Chief of Police is authorized to prohibit or restrict sale or
possession of gasoline or other flammable substance, regardless of
consideration paid, unless delivered into a tank properly affixed or
attached to an operable motor vehicle by the manufacturer of said
motor vehicle.
6. THAT PURSUANT TO F.S. CHAPTER 870, IT IS DECLARED THAT A
VIOLATION OF THIS DECLARATION BY ANY PERSON SHALL BE
PUNISHED AS A MISDEMEANOR OF THE FIRST DEGREE AS
PROVIDED IN F.S. 775.082 or 775.083 AND ENFORCED AS DEEMED
NECESSARY BY THE CHIEF OF POLICE OR HIS DESGINEE OR
OFFICERS.
7. THAT this ordinance shall be effective immediately upon the expiration of the
72 hour state of emergency declared by the Chief of Police, and shall remain
continuously in effect until rescinded by the Chief of Police, or the general
state of emergency currently in effect by order of Governor Jeb Bush is
suspended.
INTRODUCED DURING EMERGENCY SESSION for first reading and public hearing on
the 28th day of September, 2004.
,\ /
Jarrfes E. Kirk, Mayor
ATTEST:
• '
4,14,Lane Gamity Clerk
ADOPTeP;after first reading during a public hearing on the 28'day of September, 2004.
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James E. Kirk, Mayor
• ATTEST:
CJ, L LQo
Lane Garniote , City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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