HomeMy Public PortalAbout20-9744 Ratifying the Local Emergency Measures Implemented Due to the ConronavirusSponsored by: City Attorney
RESOLUTION NO. 20-9744
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE
"LOCAL EMERGENCY MEASURES IMPLEMENTED
BY THE CITY MANAGER OF THE CITY OF OPA-
LOCKA, FLORIDA" IMPOSED ON MARCH 26, 2020
DUE TO NOVEL CORONAVIRUS DISEASE 2019
(COVID-19); PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on March 9, 2020, Florida Governor Ron Desantis
promulgated Executive Order 20-52 and declared a State of Emergency in Florida
in response to COVID-19; and
WHEREAS, Executive Order 20-52, Section (4)(0)(1) provides that each
municipality in the State of Florida is authorized to waive the procedures and
formalities otherwise required of the political subdivision by law pertaining to
the taking of whatever prudent action is necessary to ensure the public's health,
safety, and welfare; and
WHEREAS, on March 26, 2020, City Manager John E. Pate, issued Order No.
20-02 (See Attached Exhibit "A") which urged the residents of the City of Opa-
Locka, Florida to Shelter -in -Place in order to combat the widespread transmission of
COVID-19 now occurring throughout the United States; and
WHEREAS, the City Commission of Opa-Locka ("City") desires to ratify the
City Managers action in issuing his Order No. 20-02.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Adoptions of Representations. The foregoing "Whereas" clauses
are hereby ratified and confirmed as being true, and the same are hereby made a
specific part of this Resolution.
Section 2. Ratification of Declaration of City Manager Order 20-52. The City
Commission of the City of Opa-Locka, Florida hereby ratifies Order No. 20-02 issued
by the City Manager, John Pate, on March 26, 2020.
Resolution No. 20-9744
Section 3. Effective Date. This Resolution shall take effect immediately upon
adoption, and is subject to the approval of the Governor of the State of Florida or his
designee.
PASSED AND ADOPTED this 3rd day of April, 2020.
Matthew Pigatt, Mayor
ATTEST:
da
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SFICIENCY:
B n. e to No is -Weeks, P.A.
City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: COMMISSIONER BURKE
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
ORDER No. 20-02
DECLARATION OF LOCAL EMERGENCY
MEASURES IMPLEMENTED BY THE CITY
MANAGER OF
THE CITY OF OPA-LOCKA, OF MIAMI-DADE
COUNTY, FLORIDA
I, John E. Pate, City Manager of the City of Opa-Iocka, County of Miami -Dade,
State of Florida, acting under the authority granted to municipalities by Florida
Statutes Sections 252.38, et seq., and 501.160, and Executive Order Number
20-52 promulgated by Governor Ron Desantis on March 9, 2020, by the authority
granted to me by Resolution No. 20-9742 passed by the City of Opa-Iocka City
Commission on March 13, 2020 and by my authority under the City of Opa-Iocka
Code of Ordinance 18-2, and by relevant sections of the Miami -Dade County
Code of Ordinances, and having determined that because COVID-19 is a natural
emergency whose effects are or will be significantly felt within the City of Opa-
locka and that on account thereof there is reason to believe that it is necessary
to take whatever prudent action is necessary to ensure the health, safety, and
welfare of the City of Opa-Iocka do hereby proclaim and declare that a state of
local emergency exists within the City of Opa-Iocka, County of Miami -Dade,
State of Florida and the attached and elected emergency measures are
necessary and are hereby instituted urging Opa-Iocka residents to be SAFER AT
HOME.
ate, City Manager
City of Opa-Iocka
March 26, 2020
ORDER No. 20-02
LOCAL EMERGENCY MEASURES IMPLEMENTED BY THE
CITY MANAGER OF THE CITY OF OPA-LOCKA, FLORIDA
WHEREAS, on March 9, 2020, Florida Governor Ron Desantis
promulgated Executive Order 20-52 and declared a State of Emergency in Florida
in response to COVID-19; and
WHEREAS, Executive Order 20-52, Section (4)(0)(1) provides that
each municipality in the State of Florida is authorized to waive the procedures
and formalities otherwise required of the political subdivision by law pertaining
to the taking of whatever prudent action is necessary to ensure the public's
health, safety, and welfare; and
WHEREAS, COVID-19 is a natural emergency whose increasing effects
are being felt within the City of Opa-Iocka and that on account thereof, there
is reason to believe that the virus will continue to spread; and
WHEREAS, Miami -Dade County Mayor Carlos A. Gimenez declared a State of
Emergency for South Florida due to the threat of COVID-19; and
WHEREAS, on March 13, 2020, City Manager John E. Pate, declared a Local
State of Emergency for the City of Opa-Iocka due to the threat of COVID-19; and
WHEREAS, the Center for Disease Control ("CDC") is predicting that it is "likely"
that "widespread transmission" of COVID-19 will continue to occur within the United
States; and
WHEREAS, on March 13, 2020, the City Commission of the City of Opa-Iocka
ratified the declaration of the City Manager pursuant to Resolution No. 20-9742 for the
benefit of expressing the seriousness of the local public health and safety matters facing
the City and the immediate need for such matters to be addressed; and
WHEREAS, the effects of COVID-19 continue to require extraordinary
and immediate actions by the City of Opa-Iocka in order to protect the public's
health, safety, and welfare; and
NOW, THEREFORE, I, John E. Pate, City Manager of the City of Opa
Locka, County of Miami -Dade, State of Florida, acting under the authority
granted to municipalities by Florida Statutes Sections 252.38, et seq., 501.160,
and Executive Order Number 20-52 promulgated by Governor Ron Desantis
on March 9, 2020 , and by City of Opa-Iocka Code of Ordinances 18-2 and by
relevant sections of the Miami -Dade County Code of Ordinances, by City of Opa-
Iocka Resolution No. 20-9742, in addition to the Local Emergency Measures
I have previously ordered, hereby ORDER and promulgate the following
additional Local Emergency Measures for the City of Opa-Iocka, effective
March 27, 2020 at 11:59 p.m.:
I. SAFER AT HOME
1. All residents living within the City of Opa-Iocka are hereby ordered
to remain in their residence subject only to the exceptions permitted herein.
2. All non -essential travel, including, without limitation, travel on
scooter, motorcycle, automobile, or use of public transit is prohibited subject
only to the exceptions permitted in Section III below.
3. All residents may leave their residence and persons may travel
into the City of Opa-Iocka to seek goods and services from essential retail
establishments and/or to perform work in support of essential activities
specifically permitted in this Local Emergency Measure or any emergency
order issued by a local municipality, by Miami -Dade County, by the State of
Florida, or by the federal government. Travel by personnel of essential retail
and commercial activity shall be permitted, including personnel providing
essential services to residents within their homes, such as repair landscaping
and pool services, home care, or other essential services as provided in Miami
Dade County Emergency Orders, as amended, provided persons engaging
in these essential activities shall maintain reasonable social distancing
practices at all times.
4. Residents may engage in outdoor recreational activity and/or
visit recreational areas not otherwise closed to the public pursuant to existing
Emergency Orders issued by Miami -Dade County, as amended by Miami -Dade
County, or subsequent Emergency Measures by the City of Opa-locka, provided
that the individuals maintain a distance of at least six (6) feet between each other.
11. CLOSING OF PLACES OF ASSEMBLAGE IN THE CITY
1. As City Manager, I hereby authorize the closure of places of public
assemblage with designated exceptions.
2. Assemblage by any person or persons in such closed place is
hereby prohibited.
III. CLOSURE OF CERTAIN BUSINESSES AND ESTABLISHMENTS IN THE
CITY
1. All alcohol service establishments in the City of Opa-Locka that
do not serve food are permitted to operate only between the hours of 10 AM
to 6:00 PM on each day of the week.
2. All restaurants and retail food facilities in the City of Opa-locka
shall be prohibited from serving food for consumption in dining areas on
premises, including outdoor seating areas. Restaurants and retail food
facilities may continue to operate for the sole purpose of preparing and
offering food to customers via delivery, third -party delivery service, carry -out,
or drive-thru amenities at any hour. For those establishments offering food
carry out options, proprietors are directed to establish safe social distancing
practices for those patrons in the queue for pick-up.
3. All movie theaters, live performance venues, bowling alleys, and
arcades located in the City of Opa-locka shall be closed to the public.
4. All gyms and fitness centers shall be closed to the public.
5. All casinos,card rooms, frontons, racetracks,and pari-mutuel
facilities shall be closed to the public.
6. Exceptions: Notwithstanding the SAFER AT HOME order
provided herein, all visitors or residents of the City of Opa-locka may
leave their residence to seek goods and services from "essential retail
and commercial establishments" as defined in Miami -Dade County
Emergency Order 07-20, as amended by Miami -Dade County, or
subsequent amended Local Emergency Measures for the City of Opa-
locka, which are exempt from mandatory closure. These essential retail
and commercial establishments generally include, but are not limited to,
grocery stores; convenience stores; food distribution centers;
restaurants subject to the limitations provided in this Section and subject
to social distance separation of at least six (6) feet between patrons;
hospitals, pharmacies, and health care providers; gas stations and auto -
repair facilities; banks and financial institutions; hardware stores;
businesses that provide postal/shipping services and other office
products; laundry service providers; childcare facilities providing
services to groups of 10 or fewer and subject to limitations in County
Emergency Orders; exempt professional services; home- based care for
seniors, adults or children; pet supply stores, veterinarian and pet
boarding facilities; and offices in support of essential retail and
commercial activities. See Miami- Dade County Emergency Order 07-
20 and Amendments thereto.
IV. LIMITATION OF OCCUPANCY LOAD AT CERTAIN PLACES
1. No essential retail businesses or commercial establishments of
any kind in the City of Opa-Iocka shall be permitted to operate and shall
immediately cease all business activities and operations, if, at any time, the
total occupancy Toad of any essential business or establishment meets or
exceeds fifty percent (50%) of the business' or establishment's authorized
total occupancy load. Notwithstanding the foregoing, all businesses or
establishments may avoid the prohibition set forth herein if such business or
establishment immediately reduces its occupancy load to fifty percent (50%)
of the business' or establishment's authorized total occupancy load.
2. Notwithstanding the above, no essential businesses or
establishments of any kind with an occupancy load of five -hundred (500) or
more shall be permitted to operate, if, at any time, the total occupancy load of
any business or establishment meets or exceeds two -hundred fifty (250)
persons.
V. NON -ESSENTIAL RETAIL AND COMMERCIAL ESTABLISHMENTS
1. All business and establishments not deemed "essential retail
and commercial establishments "as provided in Miami -Dade County
Emergency Order 07-20, as amended by Miami -Dade County, are hereby
deemed to be non -essential and, therefore, such businesses and
establishments within the territorial limits of the City of Opa-locka shall
continue to remain CLOSED and may resume operations upon termination of
these Local Emergency Measures.
VI. BAN ON UNCONSCIONABLE PRICING (PRICE GOUGING)
1. No person shall during a declared state of local emergency
impose unconscionable prices for any essential commodity, including but not
limited to goods, supplies, services, provisions, materials, resources,
equipment, or any article of commerce and includes, without limitation water,
food, ice, chemicals, petroleum products, sanitizers, cleaning products, and
lumber necessary for consumption and/or use as a direct result of the
emergency.
2. No person shall during a declared state of local emergency
impose unconscionable prices for the rental or lease of any dwelling unit or
storage facility.
All requirements and directives contained in this Local Emergency
Measure, as well as all active Miami -Dade County Emergency Orders and
all Executive Orders issued by Florida Governor Ron Desantis shall be
strictly adhered to at all times and enforceable pursuant to the Code of the
City of Opa-locka and Section 252.50, Florida Statutes.
l
ate, City Manager
City of Opa-Iocka
March 26, 2020
NOTICE OF ORDER No. 20-02 DECLARATION OF LOCAL EMERGENCY
MEASURES
Under the provisions of law and §§ 252.31 - 252.60, Florida Statutes,
the City Manager declared on March 13, 2020, that a State of Local Emergency
continues to exist and it is the intent that the declared emergency will extend
for the same period of time as Miami -Dade County, Florida state of
emergency and in accordance with the authority granted to municipalities
pursuant to Executive Order Number 20-52 promulgated by Governor Ron
Desantis on March 9, 2020, there is reason to believe that there continues to
exist a clear and present danger of substantial injury to the health, safety, and
welfare of persons or to property, all of which constitute an imminent threat to
public peace and order and to the general welfare of this City and, therefore,
the attached Local Emergency Measures are necessary and are hereby
necessary and being promulgated pursuant with Section 252.38, Florida
Statutes, after coordination with Miami -Dade County.
All persons within the City of Opa-Iocka are advised to become informed
as to the contents of the attached Order No. 20-02 Declaration of Local
Emergency Measures and to keep informed as to the issuance of further Local
Supplementary Emergency Orders. Any violations of Order No. 20-02
Declaration of Local Emergency Measures and previously promulgated Local
Emergency Measures may be subject persons to arrest and conviction thereof
to the penalties as provided by law.