(a)

Generally. It is the intent of the city to designate a city official to declare a local state of emergency in the event of a natural or manmade disaster or emergency, or the imminent threat thereof, and to authorize certain actions relating thereto, when a quorum of the city council is unable to meet.

(b)

Designation. Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community in the event of a state of emergency, when a quorum of the city council is unable to meet within a reasonable time in relation to the nature of the emergency, the mayor, or vice-mayor in his absence, or the city manager, or his designee, in the absence of the mayor or vice-mayor, is empowered to declare a local state of emergency whenever he shall determine that a natural or manmade disaster or emergency has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action.

(Ord. No. 06-0-30, 12-11-2006)

Emergency means any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (F.S. § 252.34(2))

(Ord. No. 06-0-30, 12-11-2006)

(a)

A state of emergency shall be declared by proclamation of the mayor, or the vice-mayor in his absence, or by the city manager, or his designee, in the absence of the mayor or vice-mayor. The state of emergency shall continue until the mayor, or the vice-mayor in his absence, or city manager, or his designee, in the absence of the mayor or vice-mayor, finds that the threat or danger no longer exists or until an emergency meeting of a quorum of the city council can take place and terminate the state of emergency by proclamation.

(b)

A proclamation declaring a state of emergency shall activate the disaster and/or hurricane operations plan applicable to Crystal River and shall be the authority for use or distribution of any supplies, equipment, materials, or facilities assembled or arranged to be made available pursuant to such plans.

(c)

A police emergency may be declared because of civil unrest when the chief of police certifies to the mayor, or vice mayor in his absence, or the city manager, or his designee, that an emergency condition arising from hostile actions of others, armed or unarmed, requires extraordinary measures for control, including but not limited to curfew; blockade; proscription of the sale of firearms and other weapons, alcoholic beverages, explosives and combustibles; evacuation; and other like actions.

(Ord. No. 06-0-30, 12-11-2006)

In the event of an emergency pursuant to this chapter, the mayor, or vice-mayor in his absence, or the city manager, or his designee, in the absence of the mayor or the vice-mayor, may issue a proclamation declaring a state of emergency when a quorum of the city council is unable to meet and shall have the authority and power to take such action to protect the health, safety, and welfare of the community including the following which shall have the force of municipal law during this emergency which, at the discretion of the mayor, or the vice mayor in his absence, or the city manager, or his designee in his absence, may include any of the following, as needed to deal the emergency at hand:

(1)

Establish curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provisions of designated essential services, such as fire, police, emergency medical services (including the transportation of patients and emergency calls by physicians or other approved medical personnel), and public works services (including utility emergency repairs).

(2)

Close non-essential businesses, including but not limited to; restaurants, bars, nightclubs, laundries, and any business which by nature does not provide life sustaining support during an emergency.

(3)

Stop the sale of all intoxicating beverages both for the consumption on and off premises.

(4)

Restrict the sale of firearms, ammunition, and combustible fuels in containers.

(5)

Utilize all available resources of the city government as reasonably necessary to cope with the disaster emergency, including emergency expenditures not to exceed two hundred thousand dollars ($200,000.00).

(6)

Declare certain areas of the city off limits and closed to all nonessential personnel or residents not from the affected areas. When possible, emergency personnel may make accommodations for persons checking on property and family members in the effected area.

(8)

Make provisions for the availability and use of temporary emergency housing and the emergency warehousing of materials.

(9)

Establish an emergency operating center and employee shelter in addition to or in place of those provided for in the Citrus County's emergency plan.

(10)

Declare that during an emergency it shall be unlawful for any person, firm or corporation operating within the city to charge more than the normal, average retail price for any merchandise, goods, or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the ninety (90) days immediately preceding the emergency or a markup which is not a larger percentage over wholesale cost than was being added to wholesale cost before the emergency.

(11)

Confiscate merchandise, equipment, vehicles, or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary value charged for the items during the ninety (90) days previous to the emergency.

(12)

In cooperation with Citrus County emergency management and the State Office of Emergency Management on behalf of the city, call on the National Guard of the Army, Coast Guard or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control.

(13)

Shall be able to utilize the statewide mutual aid system.

(Ord. No. 06-0-30, 12-11-2006)

Nothing in this article shall be construed to limit the authority of the city council to declare or terminate a state of emergency and take any action authorized by law when sitting in regular or special session.

(Ord. No. 06-0-30, 12-11-2006)

Any person, firm or corporation who refuses to comply with or violates any section of this article, or the emergency measures which may be made effective pursuant to this article, shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day of continued noncompliance or violation shall constitute a separate offence. In addition to the foregoing, any licensee of Crystal River found guilty of violating any provisions of this article, or the emergency measures which may be made effective pursuant to this article, may have their license suspended or revoked by the city council of the City of Crystal River.

(Ord. No. 06-0-30, 12-11-2006)

In the event this article conflicts with any other ordinance of Crystal River or Citrus County or other applicable law, the more restrictive shall apply. If any phase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion.

(Ord. No. 06-0-30, 12-11-2006)