§ 23-56. Effect and purpose of state of local emergency.

(a)

Upon the declaration of a state of local emergency pursuant to this article, the state of local emergency shall be effective during the period of such local emergency for the duration of the period of time established in the applicable proclamation or as otherwise provided by state law, to protect the health, safety and welfare of the citizens of Palm Coast and those other persons residing in, traveling in or conducting business in the City.

(b)

The City Manager, is hereby vested and delegated with the power and authority to take all actions consistent with the provisions of the City Charter necessary to address the emergency situations that may arise as a result of local emergencies upon the issuance of a proclamation by the Mayor declaring a state of local emergency.

(c)

Without limiting the generality of the provisions of subsection (b), the City Manager is hereby vested and delegated with the power to accomplish the following actions upon the issuance of a proclamation by the Mayor declaring a state of local emergency:

(1)

To waive and dispense with any and all purchasing or procurement policies and practices of the City in order to address and respond to emergency conditions and associated impacts and in order that the City will be in a position to respond to the day-to-day exigencies that may arise and procure necessary goods and services to protect the public health, safety and welfare.

(2)

To issue development permits to allow the reconstruction and repair of non-conforming structures that have been damaged.

(3)

To issue development permits and construction permits without assessing customary fees and charges for activities that pertain to the restoration and rehabilitation of any and all structures damaged.

(4)

To suspend the watering or irrigation of properties in the event that the City's water supplies or water supply system or facilities is or are threatened with harm or an inability to function at a level that is consistent with the protection of the public health, safety and welfare.

(5)

To permit tree removal, notwithstanding the requirements of any code or ordinance, in order to protect the public safety and prevent property damage from occurring.

(6)

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles.

(7)

Establish curfews including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services, such as fire, police, emergency medical services and hospital services to include, but not be limited to, the transportation of patients, utility emergency repairs and emergency calls by physicians. If the Flagler County Sheriff or the City Police Chief, as the case may be, advises the City Manager that a curfew may be in the public interest and protect the public health, safety, and welfare, the City Manager may issue a proclamation that a curfew be in effect. A copy of the proclamation shall be delivered by the Flagler County Sheriff or the City Police Chief, as the case may be, to each member of the City Council as soon as practicable after its issuance by the City Manager and copies of the proclamation shall be posted at such places and locations as the City Manager shall deem practicable under the circumstances. The City Manager, as soon as practicable, shall request the Mayor, or Vice Mayor, in the absence of the Mayor, to issue a proclamation affirming the determination of the City Manager.

(8)

Utilize all available resources of the City Government as reasonably necessary to cope with the emergency.

(9)

Declare certain areas within the City off limits.

(10)

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

(11)

Establish emergency operating centers and shelters in addition to or in place of those provided in Flagler County's or the City's emergency management plans.

(12)

To prohibit the use of fresh water supplied by the City for any purpose other than cooking, drinking or bathing.

(13)

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

(14)

To call on the National Guard of the Army, public safety officials and law enforcement officials as necessary to assist in the mitigation of the local emergency or to help maintain law and order, rescue and traffic control.

(d)

The City Manager shall, as soon as practicable after the action taken, report to the City Council the actions taken under the provisions of this section. The City Council shall review and oversee actions taken to ensure that the measures taken in response to emergency situations are consistent with the provisions of this article and City policy.

(Ord. No. 2005-07, § 6, 2-15-05; Ord. No. 2011-16, § 2, 10-4-11)