HomeMy WebLinkAbout2021-010-440_-_Emergency_Management_Ordinance_-_Adopted.docx
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ORDINANCE NO. 2021-010-440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF ORDINANCES ENTITLED “ADMINISTRATION” TO
CREATE ARTICLE XII ENTITLED “EMERGENCY
MANAGEMENT”; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 3, 2021, Governor DeSantis signed Senate Bill 2006
(hereinafter “SB 2006”), Emergency Management, into law with an effective date of July
1, 2021, and
WHEREAS, SB 2006 is a responsive bill amending Chapter 252, Florida Statutes,
to address the threat posed by a pandemic or other public health emergency, and
WHEREAS, currently, the City of Miami Gardens (hereinafter “City”) does not have
an ordinance outlining procedures to be followed during public health or weather-related
emergency situations, and
WHEREAS, the proposed Emergency Management Ordinance (hereinafter
“Ordinance”) provides the Mayor with authority to declare a local emergency within the
City and designates the City Manager as Director of Emergency Management, and
WHEREAS, the City Attorney and the City Manager recommends that the City
Council adopt the attached Ordinance establishing an Emergency Management
Ordinance for the City of Miami Gardens,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by adding Chapter 2, Article XII entitled “Emergency
Management,” as follows:
Sec. 2-878. – Definitions
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(a) Emergency means any occurrence, or threat thereof, whether natural,
technological, or manmade, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of
property.
(b) Emergency order means an order or ordinance issued or enacted by the city in
response to an emergency pursuant to Chapter 252 and Chapter 381, Florida
Statutes that limits the rights or liberties of individuals or businesses within the city.
(c) Emergency procurement means a purchase order or contract that may be awarded
for commodities or services without competitive bidding when the City Manager
determines and certifies in writing, that an emergency exists which constitutes a
threat to the public health, safety or welfare, or when the delay incident to
competitive bidding may be detrimental to the interests of the City Council.
Emergency procurement shall be accomplished with such competition as may be
prudent under the circumstances.
(d) Public health emergency means any occurrence, or threat thereof, whether natural
or manmade, which results or may result in substantial injury or harm to the public
health from infectious disease, chemical agents, nuclear agents, biological toxins,
or situations involving mass casualties or natural disasters, declared as a public
health emergency as declared by the State Health Officer.
Sec. 2-879. - Declaration of a Local Emergency by the Mayor.
Pursuant to the provisions of the City Charter and Florida Law, the Mayor is
authorized to declare a Local Emergency within the city or any part or parts thereof if he
or she finds an emergency or public health emergency has occurred or that the
occurrence or the threat thereof is imminent, even in the absence of a declaration of a
state of emergency at the county, state, and/or federal level.
Upon the declaration of an emergency by the Mayor, as soon as practicable, the
City Council shall immediately convene for the purpose of determining whether or not an
emergency exists. The City Council’s finding in the matter shall be conclusive. Upon
finding that no emergency exists, this chapter shall not be operative.
Sec. 2-880. - Emergency management powers of the Mayor
(a) Weather Related Emergency
(1) During an emergency related to a hurricane or severe weather, the Mayor, in
conference with the City Attorney and City Manager, may issue emergency orders
concerning the dangers presented to the City of Miami Gardens and its citizens.
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Such emergency order shall have the force and effect of an ordinance within the
City and shall be limited to a duration of not more than sixty (60) days. Any
emergency order may be renewed as necessary during the duration of the
emergency.
(b) Non-Weather Related Emergency
(1) During a public health emergency not related to a hurricane or severe weather, the
Mayor, in conference with the City Attorney and City Manager, may order and
promulgate emergency orders in response to an emergency or public health
emergency as defined in this article. The emergency order must be narrowly
tailored to serve a compelling public health or safety purpose and must be limited
in duration, applicability, and scope. An emergency order automatically expires
seven (7) days after issuance but may be extended as necessary in 7-day
increments for a total duration of not more than forty-two (42) days.
Sec. 2-881. - Emergency Management Structure
In accordance with Florida Statutes and Miami-Dade County Ordinances, The City
Manager shall perform the functions of Director of Emergency Management and shall
implement, manage and report on all actions authorized and taken under the provisions
of this article.
The City Manager shall plan for the coordination of those actions necessary for the
creation and maintenance of an effective emergency response capability to prepare for
and manage emergency conditions.
Sec. 2-882. - Emergency measures—Effect of declaration of emergency.
Whenever the Mayor declares that an emergency or public health emergency
exists, the emergency measures shall thereupon be in effect during the period of such
emergency and throughout the city, and the City Manager may order and promulgate all
or any of the emergency measures provided below, in whole or in part, and with such
limitations and conditions as he/she may deem appropriate, and any such emergency
measure so ordered and promulgated shall thereupon be in effect during the period of
such emergency, and in the area or areas for which the emergency has been declared.
Sec. 2-883. - Emergency Measures
In accordance with Florida Statutes and Miami-Dade County Ordinances, the
following are designated as emergency measures:
(1) The City Manager may establish curfews under such terms and conditions as
he/she deems necessary for the preservation of peace, health, and safety for the
citizenry, including, but not limited to, the prohibition of or restrictions on pedestrian
and vehicular movement, standing and parking. The City Manager may make such
exceptions to this curfew as may be necessary for the provision of designated
essential services such as fire, police and hospital services, including the
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transportation of patients thereto, utility emergency repairs and emergency calls
by physicians.
(2) The sale of any alcoholic beverage may be prohibited.
(3) The possession on the person in a public place of any portable container
containing any alcoholic beverage may be prohibited.
(4) The City Manager may, in his/her discretion, close places of public assemblage,
with designated exceptions, and assemblage by any person or persons in such
closed place is prohibited.
(5) The sale or other transfer of possession, with or without consideration, of gasoline
or any other flammable or combustible liquid or gas, 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, may be prohibited.
(6) The possession in a public place of any portable container containing gasoline or
any other flammable or combustible liquid or gas may be prohibited.
(7) There will be a prohibition against unconscionable prices (price gouging) during a
declared state of emergency. The declared state of emergency may be at the
municipal, county, state, and/or federal level.
(8) Any other emergency measure necessary for preservation of the health, safety,
and welfare of City of Miami Gardens citizens.
Any order issued by the city pursuant to this section which imposes a curfew
restricting the travel or movement of persons during designated times must nonetheless
allow persons to travel during the curfew to their places of employment to report for work
and to return to their residences after their work has concluded.
Sec. 2-884. - Emergency Purchases
(a) Notwithstanding any other provision of this Code, upon declaring an emergency, the
City Manager or his or her designee may make or authorize others to make emergency
purchases when there exists an unforeseen or unanticipated urgent threat to life,
health, safety or welfare of the community or public properties, provided that such
emergency purchases shall be made with such competition as is practicable under
the circumstances. A written determination of the basis for the emergency and for the
selection of the particular contractor shall be included in the contract file.
(b) In case of emergency, it may not be advantageous or practicable for the city to use
competitive bidding methods. Therefore, the city may purchase directly those goods
or services whose immediate procurement is essential to the life, health, welfare,
safety or convenience of the city. Such emergency procurements shall nevertheless
be made with such competition as may be practicable under the circumstances.
(1) In seeking a waiver of competitive bidding methods for emergency procurements that
do not exceed $25,000.00, the head of the using department or office shall submit to
the City Manager, in writing, a full explanation of the circumstances of the emergency
and the reasons for selection of a particular firm, along with a list of others which may
have been solicited, with an approved requisition by the director of the requesting
department.
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(2) In seeking the waiver of competitive sealed bidding methods for emergency
procurements exceeding $25,000.00, the head of the using department or office shall
submit to the City Manager, in writing, a full explanation of the circumstances of the
emergency and the reasons for selection of a particular firm, along with a list of others
which may have been solicited, and certification of fund availability from the director
of the department of management and budget. The City Manager may then waive
competitive sealed bidding requirements after making a written finding, supported by
reasons that an emergency exists.
All emergency awards shall be filed and maintained by the purchasing department
as a permanent and public record of the purchase.
Sec. 2-885. - City Council Approval During Emergencies.
Emergency purchases shall not require advance City Council approval when an
unforeseen or unanticipated urgent threat to life, health, safety or the welfare of the
community or public properties occurs where immediate action is required.
Sec. 2-886. – Orders and rules
Emergency ordinances, declarations, and orders adopted by the city will be
available on a dedicated webpage accessible through a conspicuous link on the city’s
homepage. The dedicated webpage shall identify the emergency ordinances,
declarations, and orders currently in effect.
Sec. 2-887. – Applicability of provisions
All officers, employees, contractors, subcontractors, vendors, boards and other
agencies of the City are subject to the provisions of this article.
Sec. 2-888.—Penalties
In accordance with Florida Statute § 252.50, any person violating any provision of
this Chapter is guilty of a misdemeanor of the second degree, punishable by a term of
imprisonment not exceeding 60 days or a fine not to exceed $500.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason 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
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
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Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 10TH DAY OF NOVEMBER, 2021.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 8, 2021.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY AND
CAMERON D. BENSON, CITY MANAGER
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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