§ 26-37. Findings.

The city council makes the following findings:

(1)

Accidental and willful releases of hazardous materials and abandonment of hazardous wastes have occurred, and continue to occur, in the city. Such releases and abandonment pose significant threat of harm to the public health, safety and welfare as well as damage to the environment. For the protection of the public health, safety and welfare and the prevention of damage to the environment, the city must have the capability of responding quickly to abate such emergencies.

(2)

F.S. § 252.38 authorizes municipalities to create municipal emergency management agencies for the purpose of performing emergency management functions pursuant to the provisions of F.S. §§ 252.31—252.60, the State Emergency Management Act, including the power to provide for the health and safety of persons and property. F.S. § 376.19 authorizes municipalities to exercise police powers by promulgating ordinances in furtherance of the intent of F.S. §§ 376.011—376.021, the Pollutant Spill Prevention and Control Act, to promote the general welfare, public health and public safety.

(3)

The city incurs losses of resources and equipment by responding to incidents involving hazardous materials. Such losses are presently covered by the operating budget of the city. The city intends to seek recovery of operating costs from parties responsible for the cause of hazardous materials incidents.

(Ord. No. 1991-18, § 1, 7-16-91)