05-068
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1 EMERGENCY ORDINANCE NO. 05-068
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3 AN EMERGENCY ORDINANCE OF THE CITY
4 COMMISSION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, PROVIDING FOR DEBRIS REMOVAL IN
6 GATED COMMUNITY STREETS AND PRIVATE ROADS
7 TO ALLOW FOR PUBLIC SAFETY OPERATIONS;
8 PROVIDING FOR AN EFFECTIVE DATE
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10 WHEREAS, the State of Florida, Palm Beach County, and the City of Boynton Beach
11 have all declared states of emergency related to Hurricane Wilma; and
12 WHEREAS, Hurricane Wilma has created a state of emergency in the City of Boynton
13 Beach and the City of Boynton Beach does hereby declare a state of emergency; and
14 WHEREAS, the devastation created by the hurricane has caused difficulties in
15 providing emergency medical and fire services because of debris on streets in all communities;
16 and
17 WHEREAS, the debris resulting from Hurricane Wilma has blocked streets and will
18 hinder the City's ability to provide emergency medical services and to fight fires and save lives;
19 and
20 WHEREAS, this condition exists on private streets in gated communities as well as
21 public streets; and
22 WHEREAS, the situation will jeopardize the residents in gated and private communities
23 and the City at large as the City's ability to fight and limit fires is compromised; and
24 WHEREAS, this is an emergency condition, constituting an immediate threat to the life,
25 health and safety of the citizens of the City and it is necessary to eliminate an immediate threat
26 of significant damage to improved property; and
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1 WHEREAS, the City has jurisdiction over all private roads in the City only for the
2 purposes set forth herein; and
3 WHEREAS, the City has the obligation, authority and responsibility to enforce its laws
4 on private streets and to provide government services; this obligation, authority and
5 responsibility exists independent of this ordinance, but is affirmed hereby as a matter of record;
6 now, therefore
7 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
8 BOYNTON BEACH, FLORIDA:
9 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
10 being true and correct and are hereby made a specific part of this Ordinance upon adoption
11 hereof.
12
Section 2.
The City has the authority and responsibility to protect the public health
13 and safety, to enter upon and clear debris from public and private streets, to clear and remove
14 debris to permit access by public emergency vehicles and other municipal service providers.
15
Section 3.
The City has noticed this emergency meeting in accordance with state law
16 and the City Charter.
17
Section 4.
The conditions set forth above constitute a natural disaster and a public
18 emergency and the City hereby exercises its authority to implement the measures set forth
19 herein.
20
Section 5.
In order to respond to these emergency conditions, the City must
21 expeditiously clear debris from all roads, including gated communities and private roads.
22 Removal from private roads and rights-of-way and ingress/egress easements shall be limited to
23 necessary actions to eliminate or lessen an immediate threat to life, public safety or to permit
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1 emergency vehicles unrestricted access to provide necessary services to eliminate an imminent
2 threat to the public health, safety and welfare.
3
Section 6.
The City Commission hereby authorizes the removal of debris from
4 private roads, rights-of-way, and ingress/egress easements in private communities to the extent
5 set forth herein. The actions authorized hereby do not permit debris removal except from streets
6 (and rights-of-way and ingress and egress easements), and only to the extent necessary to clear
7 streets for emergency vehicle travel and delivery of services essential to the public health and
8 safety. No other adjacent property will be cleared in a private community. This shall apply only
9 to streets where the City regularly provided access for emergency vehicles and the enforcement
10 of City regulations as well as access for municipal and other public service vehicles. Debris will
11 be removed only where there is unrestricted access during removal times. As a condition of
12 removal, the community must allow unlimited access during debris removal.
13 In the event any homeowners' association, condominium association or any other person
14 or entity bars unlimited access to a private roadway, the City shall immediately suspend
15 hurricane debris collection in that area until written authorization to proceed is obtained from
16 the representatives of the association or community.
17
18
Section 7.
The City shall conduct similar operations on public streets.
19
Section 8.
This Ordinance shall be valid as permitted by Chapter 166, Florida
20 Statutes, as an emergency ordinance and shall be effective immediately.
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EMERGENCY READING this 1st-day of 4~I;,efl$jJt~/v, 2005.
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22 :;:cri~ Clerk /::? ' <-(>
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ATTEST:
(SEAL)
CITY OF BOYNTON BEACH, FLORIDA
C~issi. e~ ,.
;t' ~(/:f
Commissioner
Cl
Commissioner
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