HomeMy Public PortalAbout20-9810 Coronavirus DiseaseSponsored by: City Manager
RESOLUTION NO. 20-9810
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AMENDING
EMERGENCY 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") now desires to amend
Order No. 20-05 to allow for the re -opening of parks for specific external purposes
(outdoor activities and use) to include: 1) walking; 2) jogging; 3) half -court basketball;
and 4) other exercise activities which include ten (10) people or less. At no time shall
more than ten (10) people gather in any location within the external area of a City park;
and
WHEREAS, for internal areas (inside of recreational park facilities) the City
Commission reserves the right to utilize any and all areas within its discretion for City
purposes; and
Resolution No. 20-9810
WHEREAS, the City shall adhere to all County mandated requirements for
wearing masks within its boundaries, including city parks; and
WHEREAS, City pools shall remain closed until otherwise determined by the
City Commission; and
WHEREAS, to the greatest extent possible, the City shall encourage social
distancing.
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. Amending Declaration of City Manager Order 20-05. The City
Commission of the City of Opa-Locka, Florida hereby amends Order No. 20-05 issued
by the City Manager, John Pate, on April 28, 2020 to allow for reopening of parks, but to
enforce a requirement that social distancing be adhered to and that masks and/ or other
facial coverings be worn in accordance with Exhibit "A" attached hereto.
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 September, 2020.
ATiII EST:
\OL:3P/"
Joarha Flores, City Clerk
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9810
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -W- -ks, 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
3
City of Opa-locka
Agenda Cover Memo
City
Manager:
John E. Pate
CM Signature:
�� 'G
Commission
Meeting
Date:
09.30.2020
Item Type:
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dinance
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City Manager
Department:
City Manager
Short Title:
A resolution authorizing the City Manager to repeal Emergency Order No. 20-05 which prohibited gatherings
in any parks and recreational facilities owned and operated by the City of Opa-locka.
Staff Summary:
Parks and open spaces should be re -opened, however social distancing and facial coverings should be a
priority while in City facilities. There is no financial impact.
Proposed Action:
Staff recommends approval to repeal Emergency Order No. 20-05.
Attachment:
Emergency Order No. 20-05
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.
te, City Manager
City of Opa-Iocka
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-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, 1, 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-locka 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.
AMENDMENT 1 TO EMERGENCY ORDER No. 20-05
LOCAL EMERGENCY MEASURES
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 City Commission of Opa-Locka ("City") now desires to amend
Order No. 20-05 to allow for the re -opening of parks for specific external purposes
(outdoor activities and use) to include: 1) walking; 2) jogging; 3) half -court basketball;
and 4) other exercise activities which include ten (10) people or less. At no time shall
more than ten (10) people gather in any location within the external area of a City park;
and
WHEREAS, the City Commission desires that for internal areas (inside of
recreational park facilities) that the City Commission reserve the right to utilize any
and all areas within its discretion for City purposes; and
WHEREAS, the City desires to adhere to all County mandated requirements for
wearing masks within its boundaries, including city parks; and
WHEREAS, the City desires that pools shall remain closed until otherwise
determined by the City Commission; and
WHEREAS, to the greatest extent possible, the City shall encourage social
distancing.
NOW, THEREFORE, the City Commission 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-locka 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
statutorily granted hereby ORDERS and promulgates the following Local
Emergency Measures for the City of Opa-locka, effective October 1, 2020
at 11:59 a.m.:
Parks and Recreational Facilities
1. Gatherings in any parks and recreational facilities owned or operated
by the City of Opa-locka shall be permitted to operate as was allowed
prior to the establishment of the initial Order #20-05 except said order
shall be amended to:
(a) Allow for the re -opening of parks for specific external purposes (outdoor
activities and use) to include: 1) walking; 2) jogging; 3) half -court basketball;
and 4) other exercise activities which include ten (10) people or less. At no
time shall more than ten (10) people gather in any location within the external
area of a City park.
(b) Allow for internal areas (indoor areas of recreational park facilities) to be
utilized within the City's discretion for City use and purposes; and
(c) The City shall adhere to all County mandated requirements for wearing
masks within its boundaries, including city parks; and
(d) City pools shall remain closed until otherwise determined by the City
Commission; and
(e) to the greatest extent possible, the City shall encourage social distancing.
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, or other applicable orders, shall require the use of face Masks
and/or other facial coverings be worn at all times.
7. To the extent possible, persons should refrain from utility 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 follow any guidance
and orders allowing for enforcement as set forth in applicable Miami -Dade County
Emergency Orders.
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 to the
extent applicable.
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.
Matthew A. Pigatt, Mayor
John Pate, City Manager
Date
ATTEST:
Joanna Flores, City Clerk