PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTIONS 51.2 DEFINITIONS; AND 51.4.C.1. VIOLATIONS; CREATING SECTION 51.13, EMERGENCY SHELTER DESIGNATION FOR SEXUAL PREDATORS OR SEXUAL OFFENDERS; CHAPTER 51, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance to amend Chapter 51, Disaster and Emergency Management, Article 1 In General, Section 51.2, Definitions; to amend Section 51.4.C.1, Violations of Orders and Rules, and to create Section 51.13, Emergency Shelter Designation for Sexual Predators or Sexual Offenders, General Ordinances, Martin County.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Melissa L. Pietrzyk
Title: Senior Assistant County Attorney
REQUESTED BY: Martin County Sheriff’s Office
PRESET: 11:00 AM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The County’s Emergency Management Agency, contained within the Fire Rescue Department, is tasked with the operation of emergency shelters during various times of the year, including hurricanes and extreme cold weather, when necessary. To ensure the health, welfare, and safety of the general public and staff who utilizes these shelters, this ordinance is created to direct individuals who have been adjudicated as a sexual offender or sexual predator (collectively ‘offender’) to notify law enforcement or staff as to his/her offender status upon arrival, to properly identify himself/herself, and to complete all required documentation. The ordinance requires that the offender follow the directive of the law enforcement and/or staff as to where physically in the shelter the offender shall be restricted to, or for the offender to report to a separate shelter location, if one has been established. Failure of an offender to follow this process would subject that offender to a misdemeanor.
This ordinance also amends section 51.2, Definitions, to include the terms sexual offender and sexual predator and amends section 51.4.C.1. Violations of Orders and Rules, to allow for the proper penalty related to the new section.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed ordinance amending section 51.2, section 51.4.C.1, and creating 51.13 of Chapter 51, Disaster and Emergency Management.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.