§ 46-152. Emergency ordinances.  


Latest version.
  • Upon the declaration of a state of local emergency pursuant to this article, the county council, or in the absence of a quorum the chairman or interim chairman of the council, is authorized to enact as necessary any of the emergency ordinances attached hereto as appendix A, appendix B, appendix C and appendix D. Said emergency ordinances shall be effective during the period of such emergency to protect the health, safety and welfare of the community.

    APPENDIX A

    AN EMERGENCY ORDINANCE RELATING TO REGULATIONS DURING A STATE OF LOCAL EMERGENCY; PROVIDING FOR A CURFEW AND EXEMPTIONS; PROVIDING FOR THE TERRITORY EMBRACED; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

    WHEREAS, the County Council of the County of Volusia, Florida, pursuant to Home Rule Power and F.S. ch. 252, has declared a state of local emergency pursuant to Ordinance No. 96-1;

    WHEREAS, F.S. ch. 252.38, provides authority for a political subdivision such as Volusia County to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to taking whatever action is necessary to ensure the health, safety and welfare of the community; and

    WHEREAS, the County Council finds and declares that in order to protect and safeguard the health, safety and welfare of the people of Volusia County, the imposition of an emergency curfew pursuant to Ordinance No. 96-1 is necessary;

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA:

    SECTION I: During this state of local emergency, there shall be a general curfew throughout Volusia County between the hours designated by the authority establishing the state of local emergency. However, this restriction shall not apply to regular members of the law enforcement bodies. Regular employees of local businesses, industries, or governmental entities, while traveling to and from their jobs, and all emergency workers are exempt, provided they have identification if stopped by any law enforcement personnel.

    SECTION II: All territory within the legal boundaries of Volusia County, Florida, including all unincorporated and incorporated areas, shall be embraced by the provisions of this Ordinance.

    SECTION III: Any person who knowingly violates this Ordinance shall, upon conviction, be subject to a fine not exceeding $500.00, or imprisonment in the County jail for a period of up to sixty (60) days, or by both such fine and imprisonment.

    SECTION IV: This Emergency Ordinance shall take effect immediately and shall be effective until the state of local emergency expires, unless rescinded prior to that time.

    ADOPTED THIS _______ DAY OF ________, _______.

    COUNTY COUNCIL
    VOLUSIA COUNTY,
    FLORIDA
    BY:      
      Chairman
    ATTEST:
         
    County Manager

     

    APPENDIX B

    AN EMERGENCY ORDINANCE RELATING TO REGULATIONS DURING A STATE OF LOCAL EMERGENCY; PROVIDING FOR REGULATION OF THE USE OF WATER; PROVIDING FOR THE TERRITORY EMBRACED; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

    WHEREAS, the County Council of the County of Volusia, Florida, pursuant to Home Rule Power and F.S. ch. 252, has declared a state of local emergency pursuant to Ordinance No. 96-1;

    WHEREAS, F.S. ch. 252.38, provides authority for a political subdivision such as Volusia County to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to taking whatever action is necessary to ensure the health, safety and welfare of the community; and

    WHEREAS, the County Council finds and declares that in order to protect and safeguard the health, safety and welfare of the people of Volusia County, the imposition of emergency water regulations pursuant to Ordinance No. 96-1 is necessary;

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA:

    SECTION I: During this state of local emergency, it shall be unlawful for any person or business to use the fresh water supplied by public water systems for washing automobiles or buildings or for watering lawns.

    SECTION II: All territory within the legal boundaries of Volusia County, Florida, including all unincorporated and incorporated areas, shall be embraced by the provisions of this Ordinance.

    SECTION III: Any person who knowingly violates this Ordinance shall, upon conviction, be subject to a fine not exceeding $500.00, or imprisonment in the County jail for a period of up to sixty (60) days, or by both such fine and imprisonment. In addition to the penalties set forth above, Volusia County is authorized to shut off the public water supply to any such violator.

    SECTION IV: This Emergency Ordinance shall take effect immediately and shall be effective until the state of local emergency expires, unless rescinded prior to that time.

    ADOPTED THIS _______ DAY OF _______, _______.

    COUNTY COUNCIL
    VOLUSIA COUNTY,
    FLORIDA
    BY:      
      Chairman
    ATTEST:
         
    County Manager

     

    APPENDIX C

    AN EMERGENCY ORDINANCE RELATING TO REGULATIONS DURING A STATE OF LOCAL EMERGENCY; PROVIDING FOR THE PROHIBITION OF PRICE GOUGING AND OVERCHARGING FOR MERCHANDISE SOLD BY LICENSEES OF VOLUSIA COUNTY, FLORIDA; PROVIDING FOR THE TERRITORY EMBRACED; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

    WHEREAS, the County Council of the County of Volusia, Florida, pursuant to Home Rule Power and F.S. ch. 252, has declared a state of local emergency pursuant to Ordinance No. 96-1;

    WHEREAS, F.S. ch. 252.38, provides authority for a political subdivision such as Volusia County to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to taking whatever action is necessary to ensure the health, safety and welfare of the community; and

    WHEREAS, the County Council finds and declares that in order to protect and safeguard the health, safety and welfare of the people of Volusia County, the imposition of an emergency regulation prohibiting price gouging and overcharging for merchandise pursuant to Ordinance No. 96-1 is necessary;

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA:

    SECTION I: It shall be unlawful for any licensee of Volusia County to charge more than the normal average retail price for any merchandise sold during this state of local emergency. The average retail price as used herein is defined as that price at which similar merchandise was being sold during the ninety (90) days immediately preceding the state of local emergency.

    SECTION II: All territory within the legal boundaries of Volusia County, Florida, including all unincorporated and incorporated areas, shall be embraced by the provisions of this Ordinance.

    SECTION III: Any person who knowingly violates this Ordinance shall, upon conviction, be subject to a fine not exceeding $500.00, or imprisonment in the County jail for a period of up to sixty (60) days, or by both such fine and imprisonment. In addition to the penalties set forth above, Volusia County may suspend or revoke the County Occupational license of any such violator.

    SECTION IV: This Emergency Ordinance shall take effect immediately and shall be effective until the state of local emergency expires, unless rescinded prior to that time.

    ADOPTED THIS _______ DAY OF _______, _______.

    COUNTY COUNCIL
    VOLUSIA COUNTY,
    FLORIDA
    BY:      
      Chairman
    ATTEST:
         
    County Manager

     

    APPENDIX D

    AN EMERGENCY ORDINANCE RELATING TO REGULATIONS DURING A STATE OF LOCAL EMERGENCY; PROVIDING FOR RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE TERRITORY EMBRACED; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

    WHEREAS, the County Council of the County of Volusia, Florida, pursuant to Home Rule Power and F.S. ch. 252, has declared a state of local emergency pursuant to Ordinance No. 96-1;

    WHEREAS, F.S. ch. 252.38, provides authority for a political subdivision such as Volusia County to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to taking whatever action is necessary to ensure the health, safety and welfare of the community; and

    WHEREAS, the County Council finds and declares that in order to protect and safeguard the health, safety and welfare of the people of Volusia County, the imposition of an emergency regulation of the sale of alcoholic beverages pursuant to Ordinance No. 96-1 is necessary;

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA:

    SECTION I: During this state of local emergency, no alcoholic beverages shall be sold in Volusia County.

    SECTION II: All territory within the legal boundaries of Volusia County, Florida, including all unincorporated and incorporated areas, shall be embraced by the provisions of this Ordinance.

    SECTION III: Any person who knowingly violates this Ordinance shall, upon conviction, be subject to a fine not exceeding $500.00, or imprisonment in the County jail for a period of up to sixty (60) days, or by both such fine and imprisonment.

    SECTION IV: This Emergency Ordinance shall take effect immediately and shall be effective until the state of local emergency expires, unless rescinded prior to that time.

    ADOPTED THIS _______ DAY OF _______, _______.

    COUNTY COUNCIL
    VOLUSIA COUNTY,
    FLORIDA
    BY:      
      Chairman
    ATTEST:
         
    County Manager

     

(Ord. No. 96-1, § XII, 3-14-96)