2019-08-30 Ex 01Exhibit 1
Aug 30, 2019
ORDINANCE NO. 1194
AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, DESIGNATING THE CHIEF OF POLICE AS THE EMERGENCY
MANAGEMENT OFFICIAL FOR THE CITY OF OKEECHOBEE; PROVIDING FOR THE CHIEF OF
POLICE TO DECLARE A 72 -HOUR STATE OF EMERGENCY WITHIN THE CITY OF
OKEECHOBEE DUE TO THE PREDICTED PATH OF HURRICANE DORIAN; PROVIDING FOR
ACCEPTING THE RECOMMENDATION BY THE CHIEF OF POLICE TO EXTEND THE 72 -HOUR
DECLARATION; PROVIDING FOR DECLARATION TO CONTINUE FOR AN INDEFINITE PERIOD
OF TIME AS DEEMED APPROPRIATE BY THE CHIEF OF POLICE; PROVIDING FOR
AUTOMATIC EMERGENCY MEASURES; PROVIDING FOR DISCRETIONARY EMERGENCY
MEASURES; PROVIDING FOR FILING DECLARATIONS AND MEASURES IN THE OFFICE OF
THE CITY CLERK AND PUBLICATION TO NEWS MEDIA; PROVIDING FOR VIOLATIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, a municipality under the laws of the State of Florida, is empowered by
Florida Statute 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 Florida Statute 870.042 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 is predicted to be included in a hurricane warning issued by the State of Florida
Emergency Management Services and the National 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 waming issued by virtue of Hurricane Dorian, is predicted to be a category 4 storm with
sustained winds in excess of 130 miles per hour; and is forecasted to pass over or very near to the City of
Okeechobee on approximately Monday, September 2, 2019. 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 Council is permitted to adopt ordinances on an emergency basis with one reading, by virtue of
Florida Statute 166.041(3)(b), and has taken all reasonable steps to advertise to the general public that an
Emergency Public Hearing will be held at 1:00 p.m. on Friday, August 30, 2019.
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, by a minimum of a two-thirds
vote, adopts the following emergency Ordinance to be effective throughout the municipal boundaries:
1. THAT the Chief of Police is hereby designated the Emergency Management Official for the City of
Okeechobee under Florida Statute 870.042, possessing the authority to enact a state of emergency
within the municipal boundaries of the City, or parts thereof.
2. THAT the state of emergency shall commence immediately upon the declaration by the Chief of
Police and shall terminate at the end of a period of 72 consecutive hours thereafter unless, prior to
the end of such 72 -hour period, the state of emergency is terminated by the Chief of Police,
Govemor of the State of Florida, or City Council as provided in Florida Statute 870.047.
3. THAT at the request and recommendation of the Chief of Police, the City Council 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 terminated by the Chief of Police,
Govemor of the State of Florida, or City Council.
4. THAT pursuant to Florida Statute 870.044, for the duration of any declared state of emergency or
extension thereof, and effective immediately upon the declaration, the following acts shall be
prohibited:
Ordinance No. 1194 Page 1 of 2
a. The sale of, or offer to sell, with or without consideration, any ammunition or gun or otherfirearm
of any size or description.
b. The intentional display, by or in any store or shop, of any ammunition or gun or other firearm of
any size or description.
c. The intentional possession in a public place of a firearm by any person, except a duly authorized
law enforcement official or person in military service acting in the official performance of their
duty.
5. THAT pursuant to Florida Statute 870.045, the Chief of Police, in addition for the duration of the
declaration or extension thereof, may enact in his discretion as necessary, all or any of the following
additional emergency measures, in whole or in part, with such limitations and conditions as he may
deem appropriate:
a. The establishment of curfews, including but not limited to, the prohibiting of or restricting
pedestrian and vehicular movement, standing, and parking, except for the provisions of
designated essential services such as fire, police, and hospital services, including the
transportation of patients thereto, utility emergency repairs, and emergency calls by physicians.
b. Prohibiting the sale or distribution of any alcoholic beverage, with or without the payment or
consideration therefore.
c. Prohibiting the possession of any person in a public place of any portable container containing
any alcoholic beverage.
d. The closing of places of public assemblage with designated exceptions.
e. Prohibit the sale or other transfer of possession, with or without consideration, of gasoline or any
other flammable substance or combustible liquid altogether or except by delivery into a tank
properly affixed to an operable motor -driven vehicle, bike, scooter, boat, or airplane and
necessary for the propulsion thereof.
f. Prohibit of the possession in a public place of any portable container containing gasoline or any
other flammable or combustible liquid.
6. THAT pursuant to Florida Statute 870.048, it is declared that any violation of the declaration or of
any emergency measure established, shall be punished as a misdemeanor of the first degree,
punishable as provided in Florida Statutes 775.082 or 775.083, and enforced as deemed necessary
by the Chief of Police, or his designee or Officers.
7. THAT any state of emergency or emergency measure declared or ordered and promulgated by
virtue of the terms of Florida Statutes 870.041 through 870.045, the Chief of Police shall as promptly
as practicable file a copy in the Office of the City Clerk and deliver copies to appropriate news media
for public and radio and television broadcast thereof. If practicable, such state of emergency
declaration, emergency measure or extension there of shall be published by other means such as by
posting and loudspeakers.
8. THAT all ordinances or parts of ordinances in conflict herewith are hereby repealed.
9. 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 shall remain in full force and effect.
10. THAT this Ordinance shall be effective immediately upon its adoption.
INTRODUCED AND ADOPTED at First Reading and Emergency Public Hearing on this 30th day of September,
2019, pursuant to Florida Statute 163.041(3)(b).
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1194 Page 2 of 2
Dowling R. Watford, Jr., Mayor
1IDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken, who on oath says she is the Publisher of the Lake
Okeechobee News, a three times a week Newspaper published at
Okeechobee, in Okeechobee Counoy, ,Florida, that the attached
copy of advertisement being a I' L3s /NC. +1 C
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Lake Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me this
day of -i-u 1-k,' L - C 1 AD
Notary Public, State of Florida at Large.
ANGIE BRIDGES
MY COMMISSION It FF 976149
EXPIRES: April 20, 2020
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