§ 9-4. Duration and termination of a state of emergency .

(1)    The duration of a state of local emergency shall be initially for seven days.

(2)    The mayor, deputy mayor or in his/her absence the city manager may extend the  duration of the state of local emergency, as necessary, in seven-day increments by executive order.

(3)    Any state of local emergency may be altered or rescinded by the mayor, vice mayor or in his/her absence the city manager by the issuance of a subsequent executive order.

(4)    In the event a state of local emergency declared pursuant to this article has been in effect continuously for more than 30 days and in the event a state or federal state of emergency is not also in effect, the city manager shall appear before the city commission at its next regularly scheduled meeting or special call meeting to present the reasons for further continuance of the state of local emergency. If, upon presentation of the city manager, the city commission determines emergency conditions exist, the city commission may extend the local state of emergency by resolution of the commission. If, upon presentation by the city manager, the city commission finds that emergency conditions no longer exist, the city commission may terminate the local state of emergency by resolution of the city commission.

(5)    Notwithstanding the provisions of subsection (4), the city manager shall retain the authority to continue to extend any state of local emergency, in seven-day increments in excess of 30 days when:

        (a)    Declared state or federal state of emergency continues to exist;

        (b)    The city commission has not yet acted pursuant to subsection (4);

        (c)    The city commission has acted to extend the local state of emergency to subsection (4).

(Code 1962, § 8½-2; Ord. No. 2011-20, § 3, 9-20-11; Ord. No. 2014-13, § 1, 10-21-14)

Notation

State law reference

Similar provisions, F.S. § 870.045.