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<br />- <br /> <br />ORDINANCE NO. 2006-.2 4 g <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />MANDATING THAT GAS STATIONS WITHIN THE <br />CITY OF SUNNY ISLES BEACH HAVE ADEQUATE <br />ALTERNATE ENERGY SOURCES INCLUDING <br />EMERGENCY GENERATORS TO OPERATE GAS <br />PUMPS IN CASE OF EMERGENCY; PROVIDING FOR <br />PENALTIES; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR REPEALER; PROVIDING FOR <br />INCLUSION IN THE CODE; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, pursuant to Section 166.021(1), Florida Statutes, municipal goverrunent <br />may exercise their power for municipal purposes and to preserve the health, safety and general <br />welfare of its residents, except when expressly prohibited by law"; and <br /> <br />WHEREAS, a municipal purpose is defined in Section 166.021(2), Florida Statutes, to <br />mean "any activity or power which may be exercised by the state or its political subdivisions"; <br />and <br />WHEREAS, in the wake of a Natural Disaster, gasoline is considered a primary source <br />of energy for many Sunny Isles residents; and <br /> <br />WHEREAS, the City of Sunny Isles Beach found that gasoline stations that provide <br />gasoline to consumers at retail, did not have alternate power sources for operations following <br />Hurricane Wilma, thereby negatively exacerbating and prolonging the state of emergency <br />created, and unnecessarily compromising and endangering the public; and <br /> <br />WHEREAS, to ameliorate the emergencies created by gasoline stations failing to <br />provide alternate energy sources to sustain operations following a natural disaster or other <br />emergency and to protect against future disasters and/or events that lead to a state of emergency, <br />the Mayor and City Commission wish to protect the health, safety and general welfare of its <br />residents by adopting legislation to mandate area gas stations to maintain alternate sources of <br />energy to sustain operations. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Incomoration of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this ordinance <br />upon adoption hereof. <br /> <br />Section 2. Purnose and Intent. The City Commission of the City of Sunny Isles Beach finds, <br />determines, and declares that it is mandated a necessity for gas stations within the City of Sunny <br /> <br />02006-248 Emergency Generators For Gas Stations <br /> <br />Page I 00 <br />