§ 43A.04. Emergency Measures.  


Latest version.
  • Whenever the Mayor proclaims that a state of emergency exists, the Mayor may then, or subsequently by further proclamation, order and promulgate all or any of the emergency measures provided in this section, in whole or in part, with such limitations and conditions as is deemed appropriate, to be applicable to the whole or to any geographical area of the City, and at such times, as he reasonably believes advisable. Such measures shall be effective only during the period of such state of emergency, and they shall be set forth by the proclamation in substantially the same manner as the following subsections:

    (a)

    Discretionary Prohibition upon Display or Sale of Weapons and Possession in a Public Place.

    (1)

    Sale or Transfer of Weapons. Until further notice from the Office of the Mayor, all persons are prohibited from selling or offering to sell, with or without consideration, purchasing, transferring, giving, distributing or exchanging any weapon; except, that this provision does not apply as between duly authorized law enforcement officials acting in the official performance of their duty.

    (2)

    Display of Weapons in Stores. Until further notice from the Office of the Mayor, the display by or in any store or shop of any weapon is prohibited.

    (3)

    Possession of Weapons. Until further notice from the Office of the Mayor, the knowing possession in a public place of any weapon, except by duly authorized law enforcement officials or persons in military service acting in the official performance of their duty, is prohibited.

    (b)

    Discretionary Prohibitions upon Alcoholic Beverages, Flammable Liquids and Explosive Substances, and Public Congregations; Curfews.

    (1)

    Dispensing of Alcoholic Beverages. Until further notice from the Office of the Mayor, all persons are prohibited from selling or distributing any alcoholic beverage with or without payment or consideration therefor.

    (2)

    Possession of Alcoholic Beverages. Until further notice from the Office of the Mayor, the possession by any person in a public place of any container or vessel containing an alcoholic beverage is prohibited.

    (3)

    Sale or Transfer of Flammable or Explosive Substances. Until further notice from the Office of the Mayor, all persons are prohibited from knowingly purchasing, transferring, with or without consideration, giving, distributing or exchanging any flammable or explosive substance such as but not limited to gasoline, kerosene, lighter fluid, charcoal lighter, wood alcohol, fuel oil, phosphorous, magnesium, grenade, Molotov cocktail or dynamite; except, that filling stations may pour fuels into a tank properly affixed to an operable motor driven vehicle, bike, scooter, cycle, boat or airplane, when necessary for the propulsion thereof; and except, that heating substances may be delivered to residences, stores, office and other buildings, when poured into tanks properly affixed or connected to operable heating units. For the purposes of this part, the words "flammable or explosive substance" do not include ammunition, or components thereof, as defined in Chapter 790, Florida Statutes.

    (4)

    Possession of Flammable or Explosive Substances. Until further notice from the Office of the Mayor, the knowing possession in a public place of any container containing any flammable or explosive substance, such as those enumerated in subsection (3) of this section is prohibited. For the purposes of this part, the words "flammable or explosive substances" do not include ammunition, or components thereof, as defined in Chapter 790, Florida Statutes.

    (5)

    Establishment of Curfew. Until further notice from the Office of the Mayor, all persons in the City (or in certain geographical areas thereof specifically designated), are prohibited from being abroad in vehicles or on foot between the hours of _______ and _______, except for persons actually engaged in the performance of governmental or emergency duties, doctors of medicine or dentistry and other medical personnel proceeding to or from their places of work and their patients, public service employees proceeding to or from their places of work, on-duty operators of ambulances or other emergency vehicles, and members of the media.

    (6)

    Public Congregations. Until further notice from the Office of the Mayor, it is prohibited for any person or persons in a public place, to refuse to obey a reasonable and lawful command of a police officer or other law enforcement official to leave the immediate area or disperse, when fairly made to prevent a breach of the peace. Until further notice from the Office of the Mayor, all places of public assemblage are closed (with any designated exceptions).

    (c)

    Discretionary Closing of Public Parks. Until further notice from the Office of the Mayor, all public parks (or certain public parks specifically designated) are closed and all persons are prohibited from entering into or being physically present in said parks, except for persons actually engaged in the performance of governmental or emergency duties in or about said parks.

(Ord. of 5-17-1971, § 1; Ord. of 4-1-1974, § 2; Ord. of 9-21-1987, Doc. #21520; Ord. of 8-9-1993, Doc. #26802; Ord. No. 2011-40, § 5, 10-3-2011, Doc. #1110031102)