HomeMy WebLinkAboutAgenda Item Summary Formy� AGENDA ITEM SUMMARY FORM
' pApif° ' File ID: #7355
F 598 pi
Date: 03/25/2020 Requesting Department: City Commission
Commission Meeting Date: 03/25/2020 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Resolution Imposing a Curfew
Budget Impact Analysis
Item has NO budget impact
Total Fiscal Impact:
Reviewed By
City Commission
Maricarmen Lopez
Meeting
Completed
03/25/2020 8:00 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/26/2020 5:07 PM
Office of the City Attorney
Juan Carlos Perez
ACA Review
Completed
03/26/2020 5:08 PM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
03/29/2020 3:50 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
04/01/2020 4:20 PM
Office of the City Attorney
Victoria M6ndez
Approved Form and Correctness
Completed
04/06/2020 10:54 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
04/06/2020 1:21 PM
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City of Miami
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Legislation
Resolution
Enactment Number: R-20-0087
File Number: 7355
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:3/25/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO ESTABLISH A GENERAL CURFEW THROUGHOUT THE
CORPORATE LIMITS OF THE CITY OF MIAMI ("CITY") BEGINNING ON MARCH 27,
2020 BETWEEN THE HOURS OF 10:00 P.M. AND 5:00 A.M. DAILY UNDER THE
AUTHORITY GRANTED TO MUNICIPALITIES BY FLORIDA STATUTES SECTIONS
252.38, ET SEQ., AND 501.160, EXECUTIVE ORDER NUMBER 20-52
PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE
SPECIFICALLY SECTION (4)(D)(1) PROVIDING 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 CHAPTER 45
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROHIBIT
PERSONS WITHIN THE CORPORATE LIMITS OF THE CITY DURING THE
DECLARED CURFEW HOURS FROM STANDING, CONGREGATING, OR MOVING
ABOUT, WHETHER AS A PEDESTRIAN OR BY MEANS OF A VEHICLE, EXCEPT AS
NECESSARY TO PROVIDE FIRE, POLICE, OR HOSPITAL SERVICES OR WHEN
ENGAGED IN AN ACTIVITY ENUMERATED HEREIN; FURTHER AUTHORIZING THE
CITY MANAGER TO MODIFY THE TERMS AND CONDITIONS OF THE CURFEW AS
DEEMED NECESSARY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared on March 12, 2020 that
a State of Local Emergency exists within the City of Miami, Miami -Dade County, Florida in
response to the Novel Coronavirus ("COVID-19"); and
WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes,
the Mayor subsequently extended the State of Local Emergency for two (2) additional seven (7)
day periods commencing on March 17, 2020 and March 24, 2020, respectively; and
WHEREAS, the effects of COVID-19 continue to require extraordinary and immediate
actions by the City in order to protect the public's health, safety, and welfare; 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, Section (4)(D)(1) of Executive Order 20-52 provides that each municipality
in the State of Florida ("State") 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 declared pandemic whose increasing effects are being felt
within the City and that on account thereof, there is reason to believe that it is necessary to take
prudent action to ensure the health, safety, and welfare of the City and its residents; and
WHEREAS, the Mayor and the Miami City Commission have determined that there is a
potential for an act of violence or a flagrant and substantial defiance of or resistance to a lawful
exercise of public authority and that partly on account thereof, there is reason to believe that
there exists a clear and present danger of a riot or other general public disorder, widespread
disobedience of the law, and substantial injury to persons or to the health, safety, welfare, or
protection of persons, or damage to property, all of which constitute a threat to public peace or
order and to the general welfare of the City or a part or parts thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Miami City Commission directs the City Manager to promulgate and
implement a Local Emergency Measure pursuant to Chapter 45 of the Code of the City of
Miami, Florida, as amended, to establish a general curfew throughout the City to go into effect
daily from 10:00 p.m. to 5:00 a.m. beginning on March 27, 2020 and providing for the following
limited exceptions to persons engaged in:
a. Provision of essential State, Miami -Dade County ("County"), and City emergency
services such as fire -rescue, police, and hospital services, including the
transportation of patients;
b. Utility emergency repairs;
C. Emergency calls by physicians;
d. Food delivery services and third -party food delivery drivers;
e. Walking of dogs within 250 feet of the owner's residence; and
f. Travel to and from work at Essential Retail and Commercial Establishments as
defined in City Emergency Order 20-04 and County Emergency Order 07-20, as
amended.
Section3. The City Commission further authorizes' the City Manager to promulgate and
implement subsequent revised Local Emergency Measure to modify the terms and conditions of
the curfew as deemed necessary in the City Manager's discretion.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor iey 4/6/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions