Conduct During Emergencies

Chapter 206

PRICE GOUGING

[HISTORY: Adopted by the City Commission of the City of Sunny Isles Beach 9-8-2005 by Ord. No. 2005-232. Amendments noted where applicable.]

§ 206-1. Incorporation of recitals.

The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this chapter upon adoption hereof.

§ 206-2. Purpose and intent; applicability.

The City Commission of the City of Sunny Isles Beach finds, determines, and declares that it is inconsiderable for businesses located in the City to charge residents exorbitant prices for certain commodities and necessities during a declared state of emergency. The City Commission deems it necessary to prohibit price-gouging during a declared state of emergency. This chapter shall be applicable throughout the City of Sunny Isles Beach.

§ 206-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

COMMODITY -- Any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products and lumber necessary for consumption or use as a direct result of the emergency.

DECLARED STATE OF EMERGENCY -- A temporary condition declared by the Governor, Mayor of Miami-Dade County, Board of County Commissioners, City Commission or City Manager, when, in the judgment of these officials, the threat or actual occurrence of a state or local disaster emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship or suffering threatened or caused thereby.

NECESSITY -- Any materials and services related to, but not limited to, food, fuel, water, energy, medical treatment, construction, repair and transportation.

OVERCHARGING -- Charging prices for goods, materials, services, or housing which are substantially in excess of the customary charges or, in the applicable case, substantially in excess of the supplier's or provider's costs for such goods, materials, services or housing. The existence of overcharging shall be presumed from a substantial increase in the price at which the goods, materials, services, or housing were offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in costs to the supplier directly attributable to higher costs of materials, supplies, and labor costs resulting from the emergency.

§ 206-4. Price-gouging prohibited.

Upon declaration of a state of emergency by the Governor, Mayor of Miami-Dade County, Board of County Commissioners, City Commission of the City of Sunny Isles Beach, and/or City Manager of the City of Sunny Isles Beach, it is unlawful and a violation of this chapter for a person or his or her agent or employee to overcharge for a commodity or necessity that is essential to sustain life, health, or safety of persons or their property, during a declared state of emergency.

§ 206-5. Penalties for offenses.

Violation of this chapter, upon conviction, shall be punishable by a fine not to exceed $1,000 per violation.

§ 206-6. Revocation of occupational license; appeals.

Pursuant to § 197-18 of the City Code, the City Manager or designee may revoke the occupational license issued by the City to any person or entity that is found to be in violation of this chapter, § 501.160, Florida Statutes, and Section 8A-5 of the County Code of Miami-Dade County. Any person or entity whose license has been revoked as provided in this chapter shall have the right to appeal the decision of the City Manager to the City Commission as provided by § 197-18B of the City Code.

Chapter 331

NATURAL DISASTERS, ACCESS LIMITED DURING

[HISTORY: Adopted by the City Council of the City of Cape May 9-21-2004 by Ord. No. 07-2004 (Sec. 2-59 of the 1997 Revised General Ordinances). Amendments noted where applicable.]

§ 331-1. Findings of fact.

A. The City of Cape May's close proximity to the Atlantic Ocean makes it particularly vulnerable to hurricanes and other natural disasters; and in the event of such a disaster, the City of Cape May may be evacuated in order to minimize the risk of loss of life.

B. Any such disaster may require substantial cleanup by the Cape May Department of Public Works, Department of Emergency Management, or other local, state or federal agencies; and such cleanup would be severely burdened by unnecessary traffic or other congestion within the City.

C. The Cape May Department of Emergency Management has recommended that only individuals who own property in the City be permitted into the City after any natural disaster until such time as the City has been substantially cleaned up, including, without limitation, the clearing of roads, repair of traffic signals and repair of public utilities.

§ 331-2. Order limiting access following a disaster.

A. In the event that the City is evacuated due to natural disaster and the Department of Emergency Management, after consulting with the Chief of Police, determines that such disaster has resulted in damage which requires substantial cleanup, including, without limitation, damage to the City's roads, traffic signals and/or public utilities, the Department of Emergency Management may issue an order which allows only City employees and individuals who own property within the City to enter the City.

B. The order shall be enforced by the Cape May Police Department.

C. Any individual desiring to enter the City during the cleanup period may identify himself or herself as a resident of the City by affixing to his or her vehicle a recycling center sticker issued by the Department of Public Works in accordance with this Code.

D. Upon substantial cleanup of the City, the Department of Emergency Management, after consulting with the Chief of Police, shall cancel the order and permit nonproperty owners to access the City.

Chapter 73

EMERGENCY, STATES OF

[HISTORY: Adopted by the City Commission of the City of Ocoee 9-18-1990 as Ord. No. 90-20. Section 73-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 73-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGE -- A liquor, wine, beer or other intoxicating substance containing more than 3.2% of alcohol by weight.

EMERGENCY -- Any occurrence or threat thereof, whether accidental, natural or caused by man, 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.

FIREARM -- Any revolver, pistol, automatic-loading pistol, shotgun, rifle, machine gun, submachine gun or machine pistol.

WEAPON --

A. Any bludgeon, blackjack, slingshot, metal knuckles or switchblade knife.

B. Any tear gas bomb or other object containing a noxious gas or substance, when carried on or about the person or located in any vehicle.

C. Any other dangerous or deadly weapon or instrument of like character, used or carried in such circumstances as to evidence an intent to use the same unlawfully against another.

§ 73-2. Declaration and proclamation.

A. If the Governor has not declared a state of emergency within the City of Ocoee and the Mayor or his designee determines that there is reason to believe that there exists a state of emergency as defined in § 73-1, the Mayor or his designee may declare that a state of emergency exists within the city or any part or parts thereof and invoke the automatic and discretionary prohibitions detailed below.

B. The Mayor or his designee shall proclaim, in writing, the existence of the state of emergency and file a copy of such proclamation with the Chief of Police, Chief of Fire Department and the office of the City Clerk. The Mayor shall also give prompt notice thereof to all local newspapers of general circulation and to such radio or television or other news media, postings or loudspeakers as he shall reasonably deem advisable.

§ 73-3. Duration and termination.

Because of the imperative necessity for quick and official response, the state of emergency shall commence immediately upon the Mayor's proclamation and shall terminate only upon subsequent mayoral or Governor's proclamation or by resolution of the City Commission adopted in regular or special session. In no event shall a state of emergency extend for more than 72 consecutive hours after being invoked, except by action of the City Commission in adopting an emergency ordinance or resolution in regular or special session. The findings of the Mayor or his designee or the City Commission on all matters pertaining to this section shall be conclusive.

§ 73-4. Emergency measures; automatic and discretionary prohibitions.

Whenever the Mayor, his designee or the City Commission proclaims or finds that a state of emergency exists, as defined in § 73-1 herein, the Mayor, his designee or the City Commission may then, or subsequently by further proclamation or resolution, order and promulgate all or any of the emergency measures provided in this section, in whole or in part, with such limitations and conditions as may be deemed appropriate to be applicable to the whole or to any geographical area of the city and at such times as he reasonably believes advisable. Such measures shall be effective only during the period of such state of emergency, and they shall be set forth by the proclamation in substantially the same manner as the following subsections:

A. Automatic prohibition upon display and sale of weapons.

(1) Sale or transfer of weapons. During the state of emergency, all persons are prohibited from selling or offering to sell, with or without consideration, purchasing, transferring, giving, distributing or exchanging any weapon, except that this provision does not apply as between duly authorized law enforcement officials acting in the official performance of their duty.

(2) Display of weapons in stores. During the state of emergency, the display by or in any store or shop of any weapon is prohibited.

(3) Possession of weapons. During the state of emergency, the knowing possession in a public place of any weapon, except by a duly authorized law enforcement official or person in the military service acting in the official performance of his duty, is prohibited.

B. Discretionary prohibitions upon alcoholic beverages and flammable liquids, curfews and public congregations.

(1) Dispensing of alcoholic beverages. During the state of emergency, all persons are prohibited from selling or distributing any alcoholic beverage, with or without payment or consideration therefor.

(2) Possession of alcoholic beverages. During the state of emergency, the possession by any person in a public place of any container or vessel containing an alcoholic beverage is prohibited.

(3) Sale or transfer of flammable or explosive substances. During the state of emergency, all persons are prohibited from knowingly purchasing, transferring, with or without consideration, giving, distributing or exchanging any flammable or explosive substance such as, but not limited to, gasoline, kerosene, lighter fluid, charcoal lighter, wood alcohol, fuel oil, phosphorous, magnesium, black powder, grenade, molotov cocktail or dynamite, except that filling stations may pour fuels into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, cycle, boat or airplane when necessary for the propulsion thereof, and except that heating substances may be delivered to residences, stores, offices and other buildings when poured into tanks properly affixed or connected to operable heating units.

(4) Possession of flammable or explosive substances. During the state of emergency, the knowing possession in a public place of any container containing any flammable or explosive substance, such as those enumerated in Subsection B(3) of this section, is prohibited.

(5) Establishment of curfew. During the state of emergency, all persons in the city, or in certain geographical areas thereof specifically designated, are prohibited from being abroad in vehicles or on foot between the hours of .......... and .........., except for persons actually engaged in the performance of governmental or emergency duties, doctors of medicine or dentistry and other hospital personnel proceeding to or from their places of work and their patients, public service employees proceeding to or from their places of work and on-duty operators of ambulances or other emergency vehicles.

(6) Public congregations. During the state of emergency, it is prohibited for any person or persons in a public place to refuse to obey a reasonable and lawful command of a policeman or other law enforcement official to leave the immediate area or disperse when fairly made to prevent a breach of the peace or protect public safety.

C. Discretionary closing of public parks. During the state of emergency, all public parks, or certain public parks specifically designated, are closed and all persons are prohibited from entering into or being physically present in said parks, except for persons actually engaged in the performance of governmental or emergency duties in or about said parks.

D. Price gouging. Until further notice it shall be unlawful for any person to charge more than the prevailing retail price for any merchandise sold within the City of Ocoee. The prevailing retail price is defined as that price at which similar merchandise was being sold during the 90 days immediately preceding the state of local emergency.

E. Confiscation. During the state of emergency the city shall have the power and authority to confiscate merchandise, equipment, vehicles or property necessary to alleviate the emergency. Reimbursement shall be made within 60 days at the customary value charged for the items during the 90 days previous to the emergency.

§ 73-5. Penalties for offenses.

Any person who violates any provision of this chapter or violates any emergency measure promulgated in accordance with this chapter shall be punished as provided in § 1-12 of this Code.

Chapter 74

EMERGENCY MANAGEMENT

[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 12-7-1999. Amendments noted where applicable.]

§ 74-1. Purpose and declaration of policy.

This chapter is enacted to set out and clarify the authority of the Town and its officers and employees with regard to emergency and disaster situations. It is intended to grant as broad a power as permitted by statutory and constitutional authority. The powers granted by and procedures established in this chapter are in addition to the Town's participation in Hancock County's Emergency Management Agency established pursuant to 37-B M.R.S.A. § 781 et seq. and are intended to supplement and not supplant that participation.

§ 74-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY -- A major natural or man-made disaster, including but not limited to hurricanes, tornadoes, ice storms, snow storms, earthquakes, floods, fires, tidal waves, windstorms, epidemics, hazardous materials accidents or spills, or violent or terrorist acts which threaten the public health, safety and welfare or which damage or destroy or which threaten to damage or destroy public or private property in the Town of Bar Harbor. The term "emergency" shall be broadly construed to effect the purpose of this chapter to protect people and property in the Town of Bar Harbor.

§ 74-3. Director of Disaster Services.

The Town Manager or the Town Manager's designee shall serve as the Town's Director of Disaster Services.

§ 74-4. Authority to declare emergency.

In the event of an emergency, the Council Chairman shall have the authority to declare a state of emergency in the Town when a declaration of emergency is requested by the Director of Disaster Services. If the Council Chairman is absent from the Town or cannot reasonably be reached by the Director of Disaster Services, any Town Councilor shall have the authority to declare a state of emergency if so requested by the Director of Disaster Services.

§ 74-5. Director's power during emergency.

Notwithstanding any provision of this Code to the contrary, when a declared state of public emergency exists within the Town, the Director of Disaster Services may exercise all emergency powers, including but not limited to the following:

A. Response. The power to direct emergency response activities by Town departments, including but not limited to the Police and Fire Departments.

B. Contracting. The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the Town, upon following the procedures of § 74-10.

C. Purchasing. The power to purchase or lease goods and services that the Director of Disaster Services deems necessary to the Town's emergency response or for the repair of Town facilities, or both, upon following the procedures of § 74-10.

D. Leases. The power to lease real property or structures, or both, that the Director of Disaster Services deems necessary for the continued operation of Town government.

E. Rules and regulations. The power to promulgate rules and orders to implement and clarify the Council Chairman's proclamation exercising emergency power.

F. Curfews. The power to establish curfews where necessary to protect public health, safety or welfare.

§ 74-6. Effective date of rules and orders; termination of powers.

Proclamations, rules, and orders issued pursuant to § 74-5 shall be effective upon issuance and shall remain in effect until withdrawn by the Director of Disaster Services. However, those proclamations, rules, and orders shall be withdrawn by the Director of Disaster Services and those persons acting pursuant to § 74-5 shall cease to exercise emergency powers at such time as the conditions giving rise to the emergency cease.

§ 74-7. Penalty for violation of emergency proclamation, rule or order.

The violation of any section of this chapter or any proclamation of emergency, any subsequent proclamation exercising emergency powers, or any rule or order, which proclamation, rule or order is issued pursuant to § 74-5, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from § 74-5, is a civil violation and punishable as provided in § 1-18 of this Code.

§ 74-8. General duties of Director of Disaster Services.

A. Supervision of response. The Director of Disaster Services shall be responsible for the performance and supervision of performance of all duties in connection with coordinating and carrying out the Town's role in furnishing services in the event of an emergency.

B. Emergency planning. The Director of Disaster Services shall act in coordination with the state and other governmental agencies as may be necessary to plan and implement a joint jurisdiction emergency planning and disaster services plan and mutual aid arrangements.

C. Consultation with Town Attorney. The Director of Disaster Services shall consult with the Town Attorney in the planning and exercise of emergency powers.

§ 74-9. Specific duties of Director of Disaster Services.

The Director of Disaster Services shall:

A. Request the Council Chairman or Town Councilor when appropriate to declare a state of emergency as provided in § 74-4.

B. Control and direct emergency training activities.

C. Maintain a liaison with other municipal, state, regional and federal disaster services agencies.

D. Marshal, after the declaration of a state of emergency, all necessary personnel, equipment and supplies from any department of the Town to aid in carrying out emergency operations.

E. Prepare, in consultation with the Town Attorney, all necessary emergency proclamations, rules, and orders, pursuant to § 74-5, and implement emergency operations.

F. Assume other emergency responsibilities as necessary.

§ 74-10. Emergency procurement of goods and services.

Notwithstanding any provision of this Code to the contrary, the Director of Disaster Services may procure, by purchase or lease, such goods and services as are deemed necessary for the Town's emergency response effort. This emergency procurement of goods or services may be made in the open market for immediate delivery or furnishing without filing a requisition or estimate and without advertisement. A full written account of all emergency procurements made during this emergency, together with a requisition for the required materials, supplies, equipment, or services, shall be submitted by the Town Manager to the Town Council within three months of the conclusion of the emergency.

§ 74-11. Consumer protection.

A. Price gouging prohibited. No person may charge a consumer an amount greater than the average retail price for a product or service during a declared state of emergency. "Average retail price" means the average price for similar products or services during the thirty-day period immediately preceding the declaration of the state of emergency. "Product or service" includes the rental of dwelling units, hotel or motel rooms or storage facilities, or the provision of kennels or boarding domestic animals. In the event a price increase is the direct result of an increase in the cost of goods charged by the seller's manufacturer, distributor or wholesaler, the actual cost increase may be added to the average retail price. Each separate sale or rental in violation of this chapter prohibition shall be a separate violation.

B. Fraudulent representation prohibited. No person may falsely claim to any consumer to be a government inspector or safety or health inspector during a declared state of emergency. Each such false claim in violation of this chapter prohibition shall be a separate violation.

C. Persons collecting for charities or offering loans, jobs, or contracting services to register. Any person collecting for a charity, or offering loans, jobs or contracting or repair services, who was not collecting for the same charity, or offering the same or substantially similar loans, jobs or contracting or repair services, in the Town of Bar Harbor during the thirty-day period immediately preceding the declared state of emergency must register with the Town Clerk and must show consumers proof of registration as provided by the Town Clerk's office. The Town Clerk's office shall not permit any person to register as a charitable fund-raiser, a lender, an employer, or a contractor or repair service unless the person or business registering provides evidence showing that the charity, lender, employer or contractor is a legitimate business that satisfactorily provides the goods or services represented. Each contact with a consumer by an unregistered person or business shall be a separate violation.

§ 74-12. Suspension of ordinance provisions; temporary licenses and permits.

The Director of Disaster Services may, by proclamation, suspend any portion of any Town ordinance or policy where the suspension is reasonably deemed necessary to protect the public health, safety and welfare, including but not limited to the suspension of fees for building and other permits and the suspension of those portions of the Bar Harbor Code necessary to create an expedited process for issuing permits and licenses. The Director of Disaster Services may also by proclamation authorize the issuance of temporary licenses or permits where necessary to protect the public health, safety and welfare. The suspension of any ordinance provisions pursuant to this section shall terminate upon the termination of the declared state of emergency.

Chapter 17

EMERGENCY MANAGEMENT

[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 9-25-1987 as Ord. No. 64. Amendments noted where applicable.]

§ 17-1. Emergency management.

Emergency management is a necessary function that requires planning, analyzing, conducting and maintaining programs to prepare for and respond to all types of hazards. An "emergency" is defined as any event which threatens to, or actually does, inflict damage to property or persons. Emergencies can range from devastating snowstorms, to hurricanes and floods, to explosions and toxic chemical releases, to nuclear attack. Preparedness is planning how to respond in the event an emergency or disaster threatens or occurs. Preparedness activities are designed to save lives and minimize damage by preparing people to respond appropriately when an emergency is imminent. This Emergency Management Plan is developed for the Town of Fenwick Island and ratified by the Town Council.

§ 17-2. Emergency response team.

A. Upon notification of an impending or actual state of emergency, the Commissioner of Emergency Management will order the Emergency React Team activated. The following persons who are members of the react team will report to the Command Center at Town Hall or some other designated area:

(1) Commissioner of Emergency Management.

(2) Council President.

(3) Commissioner of Public Safety.

(4) Chief of Police.

(5) Commissioner of Emergency Preparedness.

B. In the event of absences, the Commissioner of Emergency Management will designate appropriate members to the Emergency React Team.

C. This team will access the type of emergency and implement the appropriate plan of action. When the plan of action has been determined, the Commissioner of Emergency Management will issue the order for action, e.g., state of emergency, evacuation of the town, etc. The final decision, based upon consideration of the Emergency React Team, shall be the responsibility of the Commissioner of Emergency Management. This decision can only be nullified by a majority vote of the Town Council. In that event, the Town Council would determine the course of action to be taken.

§ 17-3. Personnel responsibilities.

A. Commissioner of Emergency Management. Responsible for coordinating the Emergency Management Plan with the Director of Sussex County, Department of Emergency Preparedness and/or other officials as necessary, depending upon the type of emergency. Responsible for coordinating all components of the Emergency Management Plan plan in the Town of Fenwick Island. These components consist of the civil defense effort, fire and police, emergency medical service, public words, volunteers and other groups contributing to the management of emergencies. The qualifications for this position consists of training by the Federal Emergency Management Agency and a close working partnership, among all levels of government (federal, regional, state, county and town) and the private sector (business and the public). The Commissioner of Emergency Management shall be appointed to serve at the pleasure of Town Council.

B. Council President. Responsible for assisting the Commissioner of Emergency Management as necessary during a state of emergency and for performing other duties as required by Council. In the event that the Commissioner of Emergency Management is not available, the Council President will act as chairperson of the Emergency React Team. In the event that the Council President is not available, a quorum of Council will designate a Chairperson.

C. Commissioner of Public Safety. Responsible for coordinating the Police Department activities based on the emergency situation. Ensure that the Police Department be responsible for the security of Fenwick Island during any type of emergency and to perform other duties as required by Council and/or Commissioner of Emergency Management. In the event that the Commissioner or Deputy Commissioner of Public Safety is not available, the Chief of Police will assume the duties of the Commissioner of Public Safety.

D. Fire and Rescue Coordinator. This responsibility will be assumed by the Bethany Fire Department, who will appoint a representative to coordinate the fire and rescue activities with the Commissioner of Emergency Management.

E. Commissioner of Emergency Preparedness. Responsible for maintaining all emergency equipment, e.g., first aid kits, portable radios, emergency generator. Will maintain and keep current records of equipment, block captains, permanent residents' lists (denoting handicapped), etc., and to perform other duties as required by Council and/or Commissioner of Emergency Management.

F. Deputy Commissioner of Emergency Preparedness. Will assist the Commissioner of Emergency Preparedness in all phases of his duties, will assume the Commissioner's total responsibilities in his absence and perform other duties required by Council and/or Commissioner of Emergency Management.

G. Member of Council: Commissioner of Public Works. Responsible for the removal of the predetermined municipal vehicles and equipment from the town to a sheltered area and ensure their safekeeping if necessary. May be requested to make provisions for transporting handicapped persons to shelter and to perform other duties as required by Council and/or Commissioner of Emergency Management.

H. Member of Council: Commissioner of Health and Sanitation. Ensure that the handicapped are cared for in case of evacuation. Be available at the command center to respond to any emergency health problems and to perform other duties as required by Council and/or Commissioner of Emergency Management.

I. Member of Council: Treasurer. Responsible for the safe removal of all predetermined records from the town hall to a predetermined sheltered area, to ensure their safekeeping and return, and to perform other duties as required by Council and/or commissioner of Emergency Management.

J. All other Council members. If in Fenwick Island during an emergency, you must report to the Commissioner of Emergency Management and be available to assist in the emergency.

§ 17-4. Block captains.

A. For the purposes of this plan, the Town of Fenwick Island has been separated into 21 sections. A block captain (and an alternate in some sections) is designated to assist the emergency preparedness efforts of the town in any emergency by personally communicating the state of emergency information and action required to all persons in residence in the assigned section. This information will be provided to the block captains by the Emergency Response Team. The Emergency Response Team during an emergency will be located at the Command Center at Town Hall, telephone number 539-3011.

B. Each block captain has a list of Fenwick Island permanent residents and a list of all house numbers. It is the responsibility of each block captain to ensure that these lists are correct and to provide any changes to the Commissioner of Emergency Preparedness.