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HomeMy Public PortalAbout20-9750 Ratifying Order #20-02 Coronavirus Disease 2019RESOLUTION NO. 20-9750 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING ORDER NO. 20-05 IMPLEMENTED BY THE CITY MANAGER JOHN E. PATE OF THE CITY OF OPA-LOCKA, FLORIDA IMPOSED ON APRIL 28, 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, The Florida Governor's 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 13, 2020, due to the threat of COVID-19, City Manager John E. Pate declared a Local State of Emergency for the City of Opa-Locka, which was subsequently ratified by the City Commission; and WHEREAS, on April 28, 2020, City Manager John E. Pate, issued Order No. 20- 05 (See Attached Exhibit "A"), which prohibited gatherings at City parks; prohibited the opening of non -essential businesses and required facial coverings; and WHEREAS, the City Commission of Opa-Locka ("City") desires to ratify the City Manager's action in issuing his Order No. 20-05. 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 20-05. The City Commission of the City of Opa-Locka, Florida hereby ratifies Order No. 20-05 issued by the City Manager, John Pate, on April 28, 2020. 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 30th day of April, 2020. Matthew A. Pigatt, Mayor ATTEST: Joa a Flores, City Clerk APPROVED AS TO FORM AND LEGAL EFFICIENCY: Bette Nofris-Weeks, P.A. City Attorney Moved by: COMMISSIONER BURKE Seconded by: VICE MAYOR DAVIS VOTE: 4-0 Commissioner Bass YES Commissioner Burke NOT PRESENT Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES ORDER No. 20-05 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. Jofy E. P..te, City Manager City of Opa-Iocka .j April 28, 2020 ORDER No. 20-05 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-locka 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-locka 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-locka 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-locka 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- locka 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-locka, effective April 28, 2020 at 11:59 p.m.: Parks and Recreational Facilities 1. Gatherings in any parks and recreational facilities owned or operated by the City of Opa-locka are prohibited during the duration of this order. 2. This order shall expire upon the expiration of the existing City of Opa- locka State of Local Emergency, except that is such State of Local Emergency is extended, this order shall also be deemed extended for the duration of the State of Emergency. This order may be cancelled earlier by the order of the City Commission. Non -Essential Businesses All non -essential businesses, as defined by the Governor and the Mayor of Miami -Dade County, are prohibited from all business operations in the City of Opa-locka, with the exception of businesses identified in Section III, Paragraph 1, of Emergency Order 2020-02, until further notice. Facial Coverings 1. For the purposes of this order, a mask means a form of covering of the nose and mouth and shall include a face mask, homemade mask, or other cloth covering. 2. All persons working in grocery stores, convenience stores, pharmacies, retail food facilities, and restaurants SHALL wear a Mask at all times while inside grocery stores, convenience stores, pharmacies, retail food facilities, and restaurants. 3. All grocery stores, convenience stores, pharmacies, retail food facilities, and restaurants SHALL require customers and visitors to wear Masks while inside such grocery stores, convenience stores, pharmacies, retail food facilities, and restaurants. 4. All persons providing delivery services from grocery stores, convenience stores, pharmacies, retail food facilities, and restaurants SHALL be required at all times to wear a Mask while making deliveries. 5. All persons performing construction activities SHALL at all times, wear Mask while on the construction site. 6. All other essential retail and commercial establishments, as defined in Local Emergency Measures Order 20-02 and Miami -Dade County Emergency Order 07-20, as amended, are strongly encouraged to require the use of face Masks and other personal protective equipment, such as gloves, subject to the availability of such items. 7. To the extent possible, persons should refrain from utilizing surgical masks and N95 respirators which are in short supply and should be reserved for healthcare workers, medical first responders, and law enforcement, as recommended by CDC guidance. Prior to the issuance of any citation or notice, businesses that are not in compliance with the above directives shall be issued a warning by the City and be given the reasonable opportunity to comply requirements. In the event the directive are not complied with after the warning, the City shall have the right to order the closure of the business until the requirements are met. The Emergency Measures set forth herein shall be in addition to all prior Local Emergency Measures ordered and promulgated by the City of Opa-locka. 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-Iocka and Section 252.50, Florida Statutes. John . Pa City Manager ity of Opa-locka April 28, 2020 NOTICE OF ORDER No. 20-05 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. 20-05 Declaration of Local Emergency Measures and to keep informed as to the issuance of further Local Supplementary Emergency Orders. Any violations of Order No. 20-05 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.