2022-11-08 IV. A. Exhibit 1 Ordinance 1269 Exhibit 1
11/08/2022
ORDINANCE NO. 1269
AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE,FLORIDA,DESIGNATING THE POLICE ADMINISTRATIVE LIEUTENANT AS
THE EMERGENCY MANAGEMENT OFFICIAL FOR THE CITY OF OKEECHOBEE;PROVIDING
FOR THE ADMINISTRATIVE LIEUTENANT TO DECLARE A 72-HOUR STATE OF EMERGENCY
WITHIN THE CITY OF OKEECHOBEE DUE TO THE PREDICTED PATH OF SUBTROPLICAL
STORM/HURRICANE NICOLE; PROVIDING FOR ACCEPTING THE RECOMMENDATION BY
THE ADMINISTRATIVE LIEUTENANT TO EXTEND THE 72-HOUR DECLARATION;PROVIDING
FOR DECLARATION TO CONTINUE FOR AN INDEFINITE PERIOD OF TIME AS DEEMED
APPROPRIATE BY THE ADMINISTRATIVE LIEUTENANT; 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
Administrative Lieutenant,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 has been included in a hurricane watch,and is predicted to be upgraded to 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 48-hours of such designation;and
WHEREAS,the hurricane watch issued by virtue of Subtropical Storm/Hurricane Nicole,is predicted to be a storm
with sustained winds in excess of 75 miles per hour;and is forecasted to have significant rain and weather-
related impacts to the City of Okeechobee being approximately Wednesday,November 9,2022.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 projected path,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 Administrative Lieutenant;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 2:00 p.m.,or as soon thereafter as possible,during an Emergency
Meeting on Tuesday,November 8,2022.
NOW,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 Administrative Lieutenant 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
Administrative Lieutenant 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
Administrative Lieutenant,Governor of the State of Florida,or City Council as provided in Florida
Statute 870.047.
3. THAT at the request and recommendation of the Administrative Lieutenant,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 Administrative Lieutenant,and to continue for such time period until terminated by
the Administrative Lieutenant,Governor 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:
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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 Administrative Lieutenant,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
Administrative Lieutenant,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 Administrative Lieutenant 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 8th day of November,
2022,pursuant to Florida Statute 163.041(3)(b).
Dowling R.Wafford,Jr.,Mayor
ATTEST:
Lane Gamiotea,CMC,City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J.Fumero,Esq.,City Attorney
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