HomeMy Public PortalAbout20-04 Implementing a City-Wide CurfewSponsored by: City Manager
ORDINANCE NO. 2020-04
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, IMPLEMENTING A CITY-WIDE CURFEW
FOR THE CITY OF OPA-LOCKA, FLORIDA DUE TO
THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-
19); PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, Article IV, Section 4.4 of the City of Opa-locka's Code of
Ordinances provides for emergency ordinances to be passed; and
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) 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, the effects of COVID-19 continue to require extraordinary and
immediate actions by the City of Opa-Locka in order to protect the public's health,
safety, and welfare; and
WHEREAS, on April 1, 2020, Governor Ron DeSantis issued Executive Order
20-91, requiring all persons in Florida to limit their movements and personal
interactions outside of their home to only those necessary to obtain or provide
essential services or conduct essential activities; and
WHEREAS, the City Commission of the City of Opa-Locka, Florida hereby
desires to implement a curfew within the jurisdictional limits of the City of Opa-
locka for all residents between the hours of 10:00 PM and 5:00 AM, unless engaged
in "essential travel" as more specifically described in Exhibit "A" hereto; and
WHEREAS, in order to combat the widespread transmission of COVID-19
the City Commission of the City of Opa-Locka desires to implement a city-wide
curfew as in the best interest of the City and its residents.
Ordinance No. 2020-04
NOW THEREFORE, BE IT ORDAINED BY 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. Imposition of a City-wide Curfew. The City Commission of the
City of Opa-Locka, Florida hereby implements a city-wide curfew for the City of
Opa-Locka consistent with the terms and conditions set forth in Exhibit "A"
attached hereto, and until such time as Executive Order Number 20-52, executed by
Governor Ron Desantis on March 9, 2020, including any extensions of same is
terminated.
Section 3. Conflict & Repealer.
All ordinances, parts of ordinances or code provisions in conflict herewith
ordinance are hereby repealed.
Section 4. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of the
Code or applications of this Ordinance that can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon final passage and
adoption.
PASSED and ADOPTED this 3rd day of April, 2020.
Matthew A. Pigatt, Mayor
EST:
Jo. a Flores, City Clerk
Ordinance No. 2020-04
APPROVED AS TO FORM AND
LEGAL S CIENCY:
Burna ette Norri--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
EXHIBIT A
City of Opa-Locka Florida
Emergency Order
By virtue of the powers and duties vested in us as the City Commission of the City
of Opa-Locka, Miami Dade County, Florida and in accordance with Section 252.38,
Florida Statutes and Executive Order Number 20-52 promulgated by Governor Ron
Desantis on March 9, 2020, 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, Florida 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-locka residents, we do hereby proclaim and declare
that a city-wide curfew shall be imposed.
Accordingly, we hereby issue this order establishing a curfew beginning
Saturday, April 4, 2020 commencing at 12:00 am and continuing until Executive
Order Number 20-52, executed by Governor Ron Desantis on March 9, 2020, is
terminated, including extensions. The curfew shall be between the hours of 10:00
PM and 5:00 AM, within the jurisdictional limits of the City of Opa-locka. No
person shall be outside in this area during the curfew hours either as a pedestrian or
by means of a vehicle, unless such person is determined to be engaged in "essential
travel." Essential travel is defined as travel necessary to obtain medication or health
services; if the person is providing police, fire, or other governmental services;
participating in, going to, or returning from a place of work or occupation;
providing assistance expressly requested by police, fire, or governmental
administrative personnel; participating in, going to, or returning from providing
assistance to an individual with a disability or a medical need who is vulnerable to
COVID-19. No person shall occupy any outside area during the curfew hours
except upon express authorization of the City of Opa-locka Police Department. This
Order shall not prohibit a person from walking a pet animal in the vicinity of his or
her residence at which the animal is being maintained.
This Order has been coordinated with Miami -Dade County pursuant to Section
252.38(2), Florida Statutes. Any person violating any provision this Emergency
Order shall be guilty of a misdemeanor of the second degree, punishable as
provided in Section 775.082 or s. 775.083, Florida Statutes.
IN WITNESS WHEREOF, we have hereunto set my hand and caused the
seal of City of Opa-locka to be affixed this 3rd day of April, 2020 at 7:45 p.m.
Mayor Matthew Pigatt
Vice -Mayor Chris Davis
Commissioner Sherelean Bass
Commissioner Alvin Burke
Commissioner Joseph L. Kellc
A _ TEST:
nna Flores, City Clerk
__Yi,„ „..2.2z,,,
CITY OF OPA-LOCKA
FFICE OF THE CITY CLERK
City of Opa-Locka
Agenda Cover lain —2Mi 8: 3 I
Department
Director:
Department
Director Signature:
City
Manager:
John E. Pate, MS, CM
CM Signature:
_
'>
Commission
Meeting
Date:
4/8/2020
Item Type:
(EnterX in box)'
Resolution
,pi (finance
Other
X
Fiscal
Impact:
(EnterX in box)
AT/A
Yes
No
Ordinance Reading:
(Enter X in box)
" `
fist Reading
2nd Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
Funding
Source:
Account# :
(Enter Fund &
Dept)
Ex:
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
Mr
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
in
..,
MI
Sponsor
Name •
City Manager
City Manager
Department:
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PROVIDING CERTAIN
POWERS TO THE CITY MANAGER RELATED TO THE LOCAL EMERGENCY MEASURES DUE TO NOVEL
CORONAVIRUS DISEASE 2019 (COVID-19), INCLDUDING BUT NOT LIMITED TO IMPOSING A MANDATORY
CURFEW; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE
Staff Summary:
Requesting to to implement a curfew and enforce based on Chapter 15 of the City Code of Opa-locka. Yes, all
with all emergency orders have been submitted to Miami -Dade County for inclusion in their Emergency
Management plan. The City we are using for example is Miami Gardens and Hialeah for curfew. Miami Gardens
is 10p-5a and Hialeah is 11p-5a. The curfew will be enforced using Chapter 15 of Opa-locka's Municipal Code.
Also, provide the City Manager with certain powers to be able to act on the best interest of the City of Opa-
locka related to the Public Safety and Wellness of residents.
Proposed Action:
Staff recommends approval.
Attachment: