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BCC Adopts Emergency Management Ordinance 2020-013 Amendments

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BCC Adopts Emergency Management Ordinance 2020-013 Amendments

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On July 28, the Board of County Commissioners unanimously adopted Emergency Ordinance 2020-013. The measure amends Article II of Chapter 9 of the Palm Beach County Code of Ordinances known as the Emergency Management Ordinance, which provides procedures for managing emergencies.

The ordinance amendments were necessary to reflect update current statutory requirements for the declaration and extension of emergencies; provide additional clarity to the process for issuing emergency orders; and. Most importantly, to expand enforcement tools available to achieve compliance with emergency orders.

Emergency Ordinance 2020-013 includes the following key changes to the code:​

  1. amends the emergency declaration and extension process to achieve consistency with state statutes;
  2. reaffirms the emergency powers of the County Administrator including the ability to prohibit or limit gatherings, to close businesses, and to order individuals to shelter in place;
  3. expands and strengthens enforcement provisions by providing for criminal penalties, providing for the ability to issue civil citations, and utilizing code enforcement proceedings for increased fines of up to $1,000, $5,000 and $15,000 per irreparable violation;
  4. expands enforcement provisions to allow for orders of closure for noncompliant businesses for a duration of time to protect the health and safety of the public. Enforcement mechanisms and fines will depend upon the type, severity and irreparable or irreversible nature of the violation(s).

In approving Emergency Ordinance 2020-013, the board was required to make a declaration that an emergency exists and waive the customary 10-day public notification rule (6 of 7 votes required).  The ordinance was approved by a uniaimous vote of the 7-member board. The ordinance takes effect immediately.


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