§ 2-67. Mayor may declare state of emergency, water emergency.
(a)
State of emergency. The mayor, or mayor pro-tem if the mayor is unavailable, may declare a state of emergency pursuant to authority granted in section 2.08 of the Charter Laws of the City of Gainesville, F.S. § 870.042 and F.S. § 252.38, and exercise the powers granted therein.
(b)
Water emergency.
(1)
Declaration of water emergency. Upon the recommendation of the general manager for utilities or his/her designee, the mayor may declare a water emergency, and in consultation with the general manager, impose water use restrictions up to and including water rationing by the city's water utility and the prohibition of any and all uses as may be nonessential and make such other orders relating to the potable water supply as may be necessary to protect the public health, safety and welfare.
(2)
Definition of nonessential water use. For purposes of this section, nonessential water uses include those uses that are deemed by the mayor as not essential for the preservation of public health and safety. The term "nonessential uses" may include but is not limited to water used for the irrigation of vegetation.
(3)
Special relief. Any order issued under authority of this section shall include a provision whereunder consumers who believe they will suffer undue hardship or believe their health and/or safety is jeopardized under the provisions of the order may request that the general manager for utilities or his/her designee grant special, administrative relief from the water use restrictions and be afforded an opportunity to be heard on such request.
(4)
Enforcement. Enforcement of the provisions of orders issued under the authority of this section shall be as provided under sections 2-336 through 2-339 of this Code. In addition to the foregoing, the general manager for utilities or his/her designee is authorized to discontinue water service to any consumer as necessary to enforce such orders. The general manager shall adopt rules regarding such discontinuance to afford the consumer notice and an opportunity to be heard.
(5)
Penalties. Penalties for violation of orders issued under the authority of this section shall be as provided under chapter 2, article V, division 6 of this Code.
(c)
Penalties. Except as provided in subsection (b)(5) above:
(1)
Any violation of a provision of any emergency measure established pursuant to F.S. § 870.043 shall be misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or § 775.083.
(2)
Any violation of a provision of any emergency measure established pursuant to F.S. § 252.38 shall be a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083.
(Code 1960, §§ 10A-1—10A-5; Ord. No. 980128, § 1, 7-27-98; Ord. No. 000866, § 1, 2-26-01; Ord. No. 040459, § 1, 10-25-04)
State law reference
State Disaster Preparedness Act, F.S. Ch. 252; emergency continuity of government, F.S. Ch. 22; enabling authority for local officers, F.S. § 22.05; Florida Mutual Aid Act, F.S. § 23-12 et seq.; emergency measures by local authorities, F.S. § 870.041 et seq.