§ 101.09. Disaster emergency plans.

(1)

A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Indian River County and shall be the authority for use or distribution of any supplies, equipment, materials, debris removal, facilities assembled or arranged to be made available pursuant to such plans.

(2)

The following emergency measures may be taken during the proclaimed state of emergency with such limitation and conditions as deemed appropriate to protect the health, safety and welfare of the community:

a.

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles.

b.

Establish curfews, including but not limited to the prohibition of or restriction on pedestrians and vehicular movement, standing and parking, except for the provisions of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians.

c.

Utilize all available resources of the county government as reasonably necessary to cope with the disaster emergency, including emergency expenditures.

d.

Declare certain areas off limits.

e.

Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials.

f.

Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan.

g.

Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person to use the fresh water supplied by the county or the City of Vero Beach for any purpose other than cooking, drinking or bathing.

h.

Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person operating within the county to charge more than the normal average retail price for any merchandise, goods, or services sold during the emergency. The average retail price at which similar merchandise, goods, or services was being sold during the ninety (90) days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency.

i.

Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary value charge for the items during ninety (90) days previous to the emergency.

j.

Preceding or during the emergency request assistance of the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue, and traffic control.

k.

Enter onto private streets and rights-of-way within any subdivision for the purpose of collection of debris located in the right-of-way or utility easements. Prior to entry upon any private streets or rights-of-way, the owner of said streets and rights-of-way must agree in writing to hold the county, state, and United States harmless from liability associated with the removal of debris.

l.

The powers enumerated in this section are illustrative and shall not be construed as a limitation on authority.

(Ord. No. 91-18, § 1, 5-7-91; Ord. No. 2005-029, § 1, 8-23-05; Ord. No. 2011-008, § 2, 9-13-11)