§ 26-6.3. Emergency management powers.

(a)

Upon declaration of a state of emergency, the director has the power and authority to direct and compel the evacuation of all or part of the population from the stricken or threatened area within the city if the director deems this action necessary for the preservation of life or other emergency mitigation, response or recovery.

(b)

Upon declaration of a state of emergency, the director has the power and authority to waive the procedures and formalities otherwise required of the city by law or ordinance pertaining to:

(1)

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community;

(2)

Entering into contracts;

(3)

Incurring obligations;

(4)

Employment of permanent and temporary workers;

(5)

Utilization of emergency management volunteers;

(6)

Rental of equipment;

(7)

Acquisition and distribution, with or without compensation, of supplies, materials and facilities; and

(8)

Appropriation and expenditure of public funds.

(c)

During the existence of a state of emergency, the director has the power and authority to impose by executive order any or all of the following restrictions:

(1)

Prohibit or regulate the purchase, sale, transfer or possession of explosives, combustibles, or alcoholic beverages;

(2)

Prohibit or regulate any demonstration, parade, march, vigil or participation therein from taking place on any public right-of-way or upon any public property;

(3)

Prohibit or regulate the sale or use of gasoline, kerosene, naphtha, or any other explosive or flammable fluids or substances altogether, except by delivery into a tank properly affixed to an operable vehicle;

(4)

Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other place of public assembly;

(5)

Prohibit or regulate travel upon any public street, highway or upon any other public property. Persons in search of medical assistance, food or other commodity or service necessary to sustain the well being of themselves or their families or some member thereof may be exempted or excepted from such prohibition or regulation;

(6)

Impose a curfew upon all or any portion of the city thereby prohibiting persons from being on public streets, highways, parks, or other public places during the hours when the curfew is in effect;

(7)

Prohibit state and/or local business licensees, vendors, merchants, and any other person operating a retail business from charging more than the normal average retail price for any goods, materials or services sold during a declared state of emergency; except when the wholesale price or the cost of obtaining the merchandise is increased as a result of the emergency. The average retail price as used herein is defined to be that price at which similar merchandise or services has been sold during the 90-day period immediately preceding the declared state of emergency. Notwithstanding anything in the foregoing to the contrary, the average retail price may be increased, but only to the degree that the maximum increase in retail price shall be a percentage less than or equal to the amount representative of the average mark-up percent between wholesale and average retail price for any merchandise during the 90-day period immediately preceding the declared state of emergency;

(8)

Prohibit any person, firm or corporation from using the fresh water supplied by the city for any purpose other than cooking, drinking or bathing.

(d)

The executive orders of the director may exempt, from all or part of any restrictions, physicians, nurses and ambulance operators performing medical services, on-duty employees of hospitals and other medical facilities, on-duty military personnel, bona fide members of the news media, personnel of public utilities maintaining essential public services, city authorized and requested firefighters, law enforcement officers and personnel, and such other classes of persons as may be essential to the preservation of public order or necessary to serve safety, health and welfare needs of the people within the city.

(e)

Pursuant to F.S. § 252.46(2), all executive orders and emergency rules imposed by the director pursuant to this section shall be reduced to writing as soon as possible, filed with the office of the city clerk, and concurrently posted prominently upon the premises then serving as the headquarters of city governmental operations. Further, copies of all such executive orders and emergency rules shall be delivered as soon as possible to representatives of the print and electronic news media and all appropriate law enforcement officers and other appropriate government administration officials.

(f)

All executive orders and emergency rules issued under this section shall indicate the nature of the emergency, the threatened area or areas of the city, and the conditions creating the disaster or threat. The content of such orders shall be promptly disseminated to the general public and to the governing bodies of the city and Volusia County.

(g)

During the existence of a state of emergency, the city council may convene to perform its legislative powers as the situation demands, and shall receive reports relative to emergency management activities. Nothing in this article shall be construed as abridging or curtailing the powers or restrictions of the city council as defined in the city charter.

(h)

During the existence of a state of emergency declared by a public official under F.S. § 870.043, the director shall be authorized to enforce the statutory prohibitions during the period of said emergency throughout the jurisdiction pursuant to F.S. § 870.044.

(Ord. No. 1998-72, § 6, 11-17-98; Ord. No. 2011-17, §§ 1, 2, 9-20-11)