1159 Hurricane IrmaORDINANCE NO. 1159
AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA TO ACCEPT THE CHIEF OF POLICE
RECOMMENDATION TO EXTEND DECLARATION OF EMERGENCY AS
PROVIDED IN FLORIDA STATUTE 870; PROVIDING FOR AN EXTENSION
OF THE 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 CONFLICT; PROVIDING FOR
SEVERABILITY; 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 exists 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 Nationa?Weather Center, 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 lama, a category 5 storm
with sustained winds in excess of 180 mph at the time of this ordinance, and which is
predicted to pass over or very near to the City of Okeechobee on approximately
Sunday, September 10, 2017, 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. 166.04(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, Florida 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 by the City Council,
of the general state of emergency currently in effect be suspended by the
Governor of 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
Ordinance No. 1159 Page 1 of 2
any firearm, therefore, excepting a duly authorized lave r: nforcement officer of a
person in the military service acting in the official perfo'r!+ance of his or her duty.
5. THAT the Chief of Police, in addition, for the duratic i ■ of the declaration or
extension thereof, may enact in his discretion as nr essary, the following
additional emergency measures:
a. A curfew restricting pedestrian and vehicular l ffic within the City of
Okeechobee, excepting law enforcement, emercl =:ncy management, fire
safety, or medical personnel acting in the perko mance of their official
duties. The hours of the curfew shall be set by fI °e Chief of Police.
b. The sale or possession of alcoholic bevel:.ges with or without
consideration may be prohibited within the City c' Okeechobee between
hours of the day as deemed appropriate by thq, ;hief of Police.
c. The Chief of Police may in his discretion order the closing of places of
public assemblage, including commercial busir!:sses for such hours of
the day as he deems appropriate, until further ¶ Eder of the Chief.
d. The Chief of Police is authorized to prohibit or restrict the sale or
possession of gasoline or other flammable sr, ■stance, regardless of
consideration paid, unless delivered into a t i,ik property affixed or
attached to an operable motor vehicle by the mm7,1 ufacturer of said motor
vehicle.
6. THAT PURSUANT TO F.S. CHAPTER 870, IT IS DECLARED THAT A
VIOLATION OF THIS DECLARATION BY ANY E'ERSON 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 DESIGNEE OR OFFrCERS.
7. THAT all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
8. THAT if any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shah remain in full force and
effect.
9. 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 City Council or the general state of
emergency currently in effect by order of Governor Ric:k Scott is suspended.
INTRODUCED for First Reading and Emergency Public Hearing on the 5th day of
September, 2017.
ATTEST:
:i 2L
ane Gamiotea, CMC, City Clerk
Dowling R. 47 Mayor
PASSED AND ADOPTED after First Reading on the 5th day of September, 2017.
ATT - ST:
Lane Gamiotea, CMC, City Clerk
RIEWED FOR LEGAL UFFICIENCY:
\\
John R. Cook, CitT Attorney
Ordinance No. 1159 Page 2 of 2