§ 2-16-40. Debris collection on private roadways during or following an emergency.

(a)

The county has the authority and responsibility to protect the public health and safety, to enter upon and clear debris from public and private streets, to clear and remove debris to permit access by public emergency vehicles and other service providers.

(b)

During or following a natural or man-made disaster that has been declared a public emergency by the Governor of Florida or the county commission or their designee, the county may exercise its authority to implement the measures set forth herein.

(c)

In order to respond to emergency conditions, the county must cause the expeditious clearing of debris from all roads, including roads in private communities. This is necessary to eliminate an imminent threat to the public health, safety and welfare.

(d)

The county or its authorized collector(s) under Chapter 2-16, Code of Ordinances are hereby authorized to remove debris from private roads, rights-of-way, and ingress/egress easements in private communities. The actions authorized hereby do not permit debris removal except from streets (including rights-of-way and ingress and egress easements), and to clear streets for emergency vehicle travel and delivery of services essential to the public health and safety. No other property will be cleared in a private community. This shall apply only to streets where the county or its authorized collector(s) regularly provided access for emergency vehicles and the enforcement of county regulations as well as access for county and other public service vehicles. Debris will be removed only where there is unrestricted access during removal times.

(e)

The county or its authorized collector(s) shall conduct similar operations on public streets.

(Ord. No. 09-53 , § 1, 8-25-09)

Editor's note

Ord. No. 09-53 , § 1, adopted Aug. 25, 2009, set out provisions intended for use as § 2-16-45; however, said provisions have been redesignated as § 2-16-40, at the editor's discretion, for purposes of maintaining Code format.