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Home My Public Portal About20-10 Repealing Citywide CurfewSponsored by: Vice -Mayor Davis ORDINANCE NO. 2020-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, REPEALING EMERGENCY ORDINANCE 2020-04 WHICH IMPLEMENTED 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; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 3, 2020, the City Commission of the City of Opa-Locka ("Commission") passed Emergency Ordinance No. 2020-04 implementing a city- wide curfew within the jurisdictional limits of the City of Opa-Locka ("City") for all residents between the hours of 10:00 PM and 5:00 AM, unless engaged in "essential travel"; and WHEREAS, the purpose of the emergency ordinance was to combat the widespread transmission of COVID-19 within the City of Opa-Locka; and WHEREAS, the implemented curfew has not proven to be as effective in combating COVID-19 transmission and the City Commission desires to focus its efforts more on education of residents; and WHEREAS, pursuant to Article Section 4.4(4) Emergency Ordinance procedures of the City Code, the City Commission now desires to repeal Emergency Ordinance 2020-04; and WHEREAS, the City Commission of the City of Opa-Locka finds that repealing the city-wide curfew is in the best interest of the City and its residents. 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. Repeal of a City-wide Curfew. The City Commission of the City of Opa-Locka, Florida hereby repeals Emergency Ordinance No. 2020-04, which implemented curfew within the jurisdictional limits of the City of Opa-Locka between the hours of 10:00 PM and 5:00 AM. Section 3. Effective Date: This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 2nd day of JULY, 2020, Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris - City Attorney E-sq P4( Ieks, P.A. Moved by: COMMISSIONER BURKE Seconded by: COMMISSIONER BASS VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES City of Opa-Locka enda Cover Memo City Manager: John E. Pate CM Signature: 4,:cer. ��Commission07.02.2020 Meeting Date: Item Type: (EnterXin box) ResolutionOther X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading. (Enter X in box) lit Reading 20+ Reading X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterXin box) Yes No X Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: m Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X • • III t• tNI Sponsor Name Vice Mayor Davis Department: City Commission Short Title: An ordinance of the City Commissions of the City of Opa-locka, Florida rescinding Ordinance 2020-04, implementing a city-wide curfew for the City of Opa-locka, Florida due to the novel coronavirus disease (COVID-19). Staff Summary: The City Commission adopted legistion to impose a daily curfew in the City of Opa-locka due to COVID-19. Following Miami -Dade County and many neighboring municipalities we feel it is necessary to repeal prior legislation. Proposed Action: Repeal prior legislation. Attachment: Sponsored 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: a Flores, City Clerk Ordinance No. 2020-04 APPROVED AS TO FORM AND LEGAL S CIENCY: Burna: Bette 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. Kell A TEST: nna Flores, City Clerk _Y-A_, c.22,,