§ 2-1-43. Declaration of state of local emergency.

(a)

In order to provide for the continuation of essential functions of local government during periods of emergencies, the following procedures, in the event of the unavailability of certain elected or appointed officials, are hereby established.

(b)

For the purpose of this section, "absence of a quorum" means that any three (3) or more members of the board are not physically present in the county or are unable to meet at a specified location for the purpose of declaring an emergency and approving documents to that effect.

(c)

When there is an absence of a quorum, the chairman of the board, or vice-chairman of the board in the chairman's absence, or any board member or members in the absence of the chairman and vice-chairman or the county administrator in the absence of all the board members, or a deputy or assistant county administrator in the absence of all the board members and the county administrator, or the director of the OEM in the absence of all the board members, the county administrator, and the deputy and assistant county administrators, are hereby designated and empowered to declare a state of local emergency and to authorize certain actions when immediate expeditious action is required to protect the lives of county citizens and property in the county.

(d)

A state of local emergency shall be declared by a written resolution and signed by the chairman, or by the vice-chairman, in the chairman's absence, or by any other board member present in the absence of the chairman and vice-chairman, or by the county administrator in the absence of all the board members, or a by a deputy or assistant county administrator in the absence of all the board members and the county administrator, or by the director of OEM in the absence of all the board members, the county administrator, and the deputy and assistant county administrators. The duration of each state of emergency is limited to seven (7) days, and may be extended, as necessary, in seven (7) day increments. A state of emergency may be terminated in the same manner it was declared.

(e)

During a declared state of emergency, the procedures and formalities otherwise required by law pertaining to the following activities may be waived:

(1)

Performance of public work, and any other prudent action necessary to ensure the health, safety and welfare of the citizens of the county;

(2)

Entering into contracts;

(3)

Incurring obligations;

(4)

Employment of permanent and temporary workers;

(5)

Utilization of volunteer workers;

(6)

Rental of equipment;

(7)

Acquisition and distribution, with or without compensation, of supplies, materials and facilities; and

(8)

Appropriation and expenditure of public funds.

(f)

In order to insure the safety of the public during a state of emergency that has been declared pursuant to this article, the county administrator, or his or her designee, in collaboration with the sheriff and the city manager for the City of Punta Gorda, or his or her designee, may establish a countywide curfew or a specific area curfew, to restrict travel and movement within the county. Other restrictions including, but not limited to, the sale, purchase, or possession of alcoholic beverages or flammable substances, may be instituted by the county administrator or his or her designee. The duration and application of such emergency restrictions shall be tailored to meet the specific crisis and may be modified from time to time.

If a curfew is enacted, the county administrator may exempt, from all or any part of such restrictions, those persons as may be deemed essential to the preservation of public order and immediately necessary to protect the public health, safety, and welfare. The county administrator may also identify in the curfew order other exempt classes of persons as deemed necessary.

If a curfew is enacted, the curfew order shall be filed in the office of the clerk of the circuit court and delivered to appropriate news media for publication and radio and television broadcast.

(g)

Nothing in this article shall be construed to limit the authority of the board to declare, extend or terminate a state of local emergency or take any action prescribed herein when sitting in regular or special session.

(Ord. No. 2017-048, § 2, 11-14-17)

Editor's note

Ord. No. 2017-048, § 2, adopted Nov. 14, 2017, amended § 2-1-43 in its entirety to read as herein set out. Former § 2-1-43 pertained to succession of office and derived from Ord. No. 97-106, § 9, adopted Nov. 4, 1997.