Sec. 30-26. - Definitions.

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

Emergency means any occurrence or threat thereof, whether accidental, natural or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(Code 1970, § 11-142(a); Ord. No. 85-08, § 3, 5-7-85; Ord. No. 87-15, § 3, 5-12-87)

Cross reference— Definitions generally, § 1-2.

State law reference— Definition of emergency, F.S. § 252.34(3); local emergency management powers, F.S. § 252.38 et seq.

Sec. 30-27. - Penalties for violation.

(a)

Any person, firm or corporation who refuses to comply with or violates any section of this article, or the emergency measures which may be made effective pursuant to this article, upon conviction for such offense, shall be punished as provided in section 1-6. In addition, any licensee of the county found guilty of violating any section of this article or the emergency measures which may be made effective pursuant to this article may have his license suspended or revoked by the board of county commissioners.

(b)

Nothing in this section shall prevent the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with or violation of this article or the emergency measures which may be made effective pursuant to this article. Such other lawful action shall include but shall not be limited to an equitable action for injunctive relief or an action at law for damages.

(Code 1970, § 11-146; Ord. No. 85-08, § 7, 5-7-85; Ord. No. 87-15, § 9, 5-12-87)

Sec. 30-28. - Conflicting ordinances or laws.

If this article or proclamations or orders made pursuant to this article, conflicts with another section of this Code or other ordinance of the county or other applicable law, unless preempted, the more restrictive shall apply.

(Code 1970, § 11-147; Ord. No. 85-08, § 8, 5-7-85; Ord. No. 87-15, § 10, 5-12-87)

Sec. 30-29. - Designation of county official with authority to declare, extend, or terminate state of emergency when quorum of board unable to meet.

(a)

It is the intent of the county to designate a county official to declare, extend, or terminate a local state of emergency in a natural or manmade disaster or the imminent threat thereof and to authorize certain actions relating thereto when a quorum of the board of county commissioners is unable to meet.

(b)

Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community in the event of a state of emergency, when a quorum of the board of county commissioners is unable to meet, the chairman of the board of county commissioners, or the vice-chairman in his absence or unavailability, or in the event the chairman or vice-chairman are unavailable, the county administrator, is hereby designated and empowered to declare or extend a local state of emergency whenever he shall determine that a natural, manmade or technological emergency or disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. When a quorum of the board of county commissioners is unable to meet, the chairman, or the vice-chairman in the absence or unavailability of the chairman, or the county administrator or his designee in the absence or unavailability of the chairman and vice-chairman, may also terminate a local state of emergency upon finding that the threat or danger no longer exists.

(Code 1970, § 11-141; Ord. No. 85-08, §§ 1, 2, 5-7-85; Ord. No. 87-15, §§ 1, 2, 5-12-87; Ord. No. 03-21, § 1, 8-26-03; Ord. No. 10-03, § 3, 2-24-10)

State law reference— Local emergency actions, F.S. § 252.46.

Sec. 30-30. - Declaration of emergency when quorum of board able to meet.

A quorum of the board shall declare a state of emergency by proclamation signed by the chairman or the vice-chairman in his absence or by any other commissioner in the absence of the chairman and vice-chairman. The duration of the state of emergency is limited to seven days; it may be extended, as necessary in seven day increments by proclamation of the chairman or the vice-chairman in his absence or in the absence of the chairman and vice-chairman, any other county commissioner. The state of local emergency may be terminated by proclamation by a quorum of the board of county commissioners upon finding that the threat or danger no longer exists.

(Code 1970, § 11-142; Ord. No. 85-08, § 3, 5-7-85; Ord. No. 87-15, § 4, 5-12-87; Ord. No. 03-21, § 2, 8-26-03; Ord. No. 10-03, § 4, 2-24-10)

Sec. 30-31. - Activation of disaster emergency plans.

A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the county and shall be the authority for use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans.

(Code 1970, § 11-143; Ord. No. 85-08, § 4, 5-7-85; Ord. No. 87-15, § 5, 5-12-87)

Sec. 30-32. - The role of the county administrator during state of emergency.

(a)

Upon the declaration of a state of emergency pursuant to this article, the county administrator or his designee shall have the authority, without further board action, to take emergency measures as he may deem appropriate to protect the health, safety and welfare of the community. Appropriate measures include, but are not limited to:

(1)

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

(2)

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, including the transportation of patients, utility emergency repairs and emergency calls by physicians.

(3)

Utilize all available resources of the county government as reasonably necessary to cope with the emergency.

(4)

Declare certain areas off limits.

(5)

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

(6)

Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan.

(7)

Declare that during an emergency it shall be unlawful and an offense against the county for any person to use the fresh water supplied by the county for any purpose other than cooking, drinking or bathing.

(8)

Declare that during an emergency it shall be unlawful and an offense against the county for any person operating within the county to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price, as used in this subsection, means that price at which similar merchandise, goods or services was being sold during the 90 days immediately preceding the emergency or at a markup which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency.

(9)

Acquire merchandise, equipment, vehicles or property needed to alleviate the emergency.

(10)

Request, through the governor, the activation of the national guard, 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.

(11)

The use or distribution of any supplies, equipment, materials, and facilities that are assembled or arranged to be made available for emergency use pursuant to Pasco County's emergency management plan and program.

(12)

Directing and compelling the evacuation of all or part of the population from any stricken or threatened part of the county.

(b)

Nothing within this section shall be construed to limit the usual or emergency powers and duties of the board of county commissioners, or of the county administrator as conferred on him by law, ordinance, or the board of county commissioners.

(Code 1970, § 11-144; Ord. No. 85-08, § 5, 5-7-85; Ord. No. 87-15, §§ 6, 7, 5-12-87; Ord. No. 10-03, § 5, 2-24-10; Ord. No. 11-14, § 8, 10-18-11)

Sec. 30-33. - Authority of board of county commissioners.

Nothing in this article shall be construed to limit the authority of the board of county commissioners to declare or terminate a state of emergency and take any action authorized by law when sitting in regular or special session.

(Code 1970, § 11-145; Ord. No. 85-08, § 6, 5-7-85; Ord. No. 87-15, § 8, 5-12-87)

Sec. 30-34. - The role of the county attorney during state of emergency.

Upon the declaration of a state of emergency pursuant to this article, the county attorney shall assist the county administrator in carrying out the emergency measures set forth in section 30-32, above. Further, the county attorney may, on an as-needed basis, impart legal advice to the county's municipalities, constitutional officers, and elected officials. Nothing within this section shall be construed to limit the usual powers and duties of the county attorney as conferred on him by the board of county commissioners.

(Ord. No. 10-03, § 6, 2-24-10)