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Pompano Beach, FL Hurricane Preparedness: Storm Debris (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 96.38
Applies to
Gated communities and private roads
Owner obligation
Grant city right of entry to clear debris
Indemnification covers
City, State, FEMA, DHS, and contractors
Debris definition source
FEMA Publication 325

Summary

City Code § 96.38 declares disaster debris a public nuisance and requires every gated community and private-road property owner or association to grant the city right of entry to clear storm debris from private streets, plus indemnify the city and federal disaster agencies for the work.

(A) Disaster debris is a hazard to the public and constitutes a public nuisance. Debris removal shall be conducted to address immediate threats to life, health and safety, and improved property, and to ensure economic recovery of the affected community. (B) Right of entry and indemnification. (1) In order to facilitate the timely removal of disaster debris from private roads and gated communities, each property owner or association shall grant to the city the right of entry onto roads and streets to clear or collect disaster debris on or adjacent to the private road or street. (2) In conjunction with the right of entry, each property owner adjacent to a private road or street or gated community association shall indemnify, save and hold harmless the United States Government, Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the State of Florida, the City of Pompano Beach and their agents, officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands, judgments, and costs of suit...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-122: Supplement contains: Local legislation current through 2026-35, passed 7-29-26).

Full Breakdown

38(A) states that disaster debris is a hazard to the public and a public nuisance, and that removal is meant to address immediate threats to life, health, safety, and property while speeding the community's economic recovery. Because Chapter 96's definitions section treats storm debris as synonymous with disaster debris (defined by reference to FEMA Publication 325, the Public Assistance Debris Management Guide), this section is what lets the city's contractors get onto private streets after a hurricane without a separate agreement each time. 38(B) requires each property owner adjacent to a private road, or the gated community's homeowners' association, to grant the city right of entry onto those roads to clear or collect disaster debris on or adjacent to them.

In exchange for that access, the same subsection requires the owner or association to indemnify, defend, and hold harmless the United States Government, the Department of Homeland Security, FEMA, the State of Florida, the City of Pompano Beach, and each of their agents, officers, employees, and contractors from claims, losses, judgments, and costs, including workers' compensation claims and attorneys' and paralegal fees, arising from the debris removal or related disaster mitigation and recovery work. The ordinance does not set a dollar penalty of its own; it operates as a standing condition on private-road access rather than a citation scheme.

Violations & Fines

Section 96.38 does not carry its own fine schedule; its mechanism is the right-of-entry and indemnification obligation itself. A gated community or private-road owner that will not grant entry risks the city treating the uncleared debris as the public nuisance the section already declares it to be, which can be pursued through the Chapter 96 nuisance-abatement process under §§ 96.28 through 96.32, including notice, a cure period, and a cost-recovery lien.

Frequently Asked Questions

Does the city clear storm debris from private roads in gated communities?
Yes, under § 96.38, disaster debris on private roads and in gated communities is declared a public nuisance, and each property owner or the community association must grant the city right of entry to clear it.
Do gated community associations have to indemnify the city for debris removal?
Yes. Section 96.38(B)(2) requires the owner or association to indemnify and hold harmless the U.S. Government, DHS, FEMA, the State of Florida, and the City of Pompano Beach and their contractors from claims arising out of the debris removal work.
What counts as disaster debris under Pompano Beach's code?
Chapter 96 adopts the FEMA Publication 325, Public Assistance Debris Management Guide, definition of disaster debris, meaning any natural or man-made material generated by a disaster, and treats 'storm debris' as the same thing.

Sources & Official References

Other rules in Pompano Beach

All Pompano Beach rules

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