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 West Melbourne
 Code of Ordinances
 Chapter 34. LAW ENFORCEMENT
 Article II. POLICE DEPARTMENT

  § 34-33. Emergency powers and measures.  

Latest version.

  • Whenever an emergency is declared, the designated city official shall set forth the nature of the civil emergency, any lawful measures deemed necessary to preserve and protect the public health, safety, and welfare, and the duration that said measures shall remain in effect. Any measure promulgated under this section shall have the force and effect of law. Such measures shall only be effective during the state of emergency. Such measures may include, but are not limited to, the following:

    (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), public works services (including utility emergency repairs) and any other essential personnel as designated by the city manager.

    (2)

    Utilize all available resources of the city as reasonably necessary to cope with the emergency, including emergency expenditures. However, such emergency expenditures shall not exceed $5,000.00 and may only be implemented by the city manager.

    (3)

    Declare certain areas of the city off limits and closed to all nonessential personnel.

    (4)

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

    (5)

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

    (6)

    Establish price controls pursuant to this Code.

    (7)

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

    (8)

    In cooperation with Brevard County Emergency Management and 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.

    (9)

    Activate the state-wide mutual-aid system.

    (10)

    Prohibit or limit any person or persons from unlawfully assembling in public places.

    (11)

    Prohibit or limit the public's use of public facilities including, but not limited to, parks, government buildings, rights-of-way, and beaches.

    (12)

    Reserved.

    (13)

    Reserved.

    (14)

    Reserved.

    (15)

    Prohibit the sale, distribution, or possession in a public place, of any alcoholic beverage.

    (16)

    Prohibit the possession in any public place any portable container of gasoline or any other flammable liquid.

    The powers and measures in this section are designed to supplement and compliment any other disaster plan adopted and approved by the city or its departments.

(Ord. No. 2006-07, § 1, 11-18-2005; Ord. No. 2011-19, § 1, 8-16-2011)