HomeMy WebLinkAboutO-13909City of Miami
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try Ordinance: 13909
File Number: 7591
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/25/2020
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "OFFENSES -- MISCELLANEOUS,"
MORE PARTICULARLY BY ADDING NEW SECTION 37-15, TITLED
"ENFORCEMENT OF EMERGENCY ORDERS OF THE CITY OF MIAMI,
FLORIDA; PENALTIES," TO PROVIDE FOR ENFORCEMENT BY THE CITY OF
MIAMI ("CITY") FOR VIOLATIONS OF EMERGENCY ORDERS ISSUED BY
THE CITY THROUGH THE CIVIL CITATION PROCESS PURSUANT TO
CHAPTER 2, ARTICLE X OF THE CITY CODE; PROVIDING FOR PENALTIES;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated Executive
Order 20-52 and declared a State of Emergency in the State of Florida ("State") in response to
the Novel Coronavirus ("COVID-19"), which was extended by Executive Order 20-114; and
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
on March 12, 2020, Mayor Francis X. Suarez of the City of Miami ("City") declared that a State
of Local Emergency exists within the City in response to COVID-19; and
WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes,
the Mayor has declared extensions to the State of Local Emergency in response to COVID-19 in
and for the City; and
WHEREAS, on June 20, 2020 Florida Surgeon General Scott Rivkees issued an
advisory recommendation that everyone wear face masks due to the continued spreading of
COVID-19 throughout the State at rates higher than in previous months; and
WHEREAS, the only exceptions to the Surgeon General's recommendation is for
children under the age of two, where a medical condition does not allow for the wearing of a
mask, where a person is obtaining some type of service to the nose or face requiring removal of
the mask, where the wearing of a mask creates an impossibility to do their work or a safety risk
on the job, or and when a person is engaged in outside work or recreation as long as social
distancing is maintained; and
WHEREAS, in the last week, COVID-19 positive daily test rates in Miami -Dade County
have risen above the March 2020 positive daily testing numbers and is now over ten percent
(10%); and
WHEREAS, in accordance with Section 252.50, Florida Statutes, any person violating
any provision of an emergency order is guilty of a misdemeanor of the second degree,
punishable by a definite term of imprisonment not exceeding sixty (60) days or a $500.00 fine;
and
City of Miami Page 1 of 3 File ID: 7591 (Revision:) Printed On: 7/30/2020
File ID: 7591 Enactment Number: 13909
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), does not
provide an enforcement provision for emergency orders issued by the City and this proposed
amendment will provide an additional means to enforce violations of emergency orders while
not unnecessarily burdening the criminal justice system; and
WHEREAS, in order to protect the health, welfare, and safety of its residents and
employees, the City finds it necessary to amend Chapter 37 of the City Code to allow for code
enforcement proceedings of emergency orders; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City's residents and for the preservation of health, safety, welfare, or
property of the public; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission
deems this Ordinance to be of an emergency nature;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the City Code, titled "Offenses — Miscellaneous," is amended in
the follow particulars:'
"CHAPTER 37"
OFFENSES — MISCELLANEOUS
Sec. 37-15. Enforcement of Emeraencv Orders issued by the Citv of Miami: Penalties
a. Prohibited acts. It shall be unlawful and a violation of the City Code for any person or
Property to violate any provision of an emergency order promulgated by the City or the Mayor of
Miami -Dade County or an executive order issued by the Governor of the State of Florida. In
addition, any violation of Section 252.50, Florida Statues, as amended, may be enforced as a
noncriminal civil infraction pursuant to this Section.
b. Enforcement, Penalties. A violation of the provisions of this Section shall be a noncriminal
civil infraction, enforceable under the provisions of Chapter 2, Article X of the City Code. Each
violation shall carry with it a fine of up to $500.00 for each incident, which amount shall be set
by the City Manager. Enforcement under this Section shall not preclude enforcement action by
any other means allowed by law."
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 2 of 3 File ID: 7591 (Revision:) Printed on: 7/30/2020
File ID: 7591
Enactment Number: 13909
Section 3. The City Commission, by a four-fifths (4/5ths) affirmative vote, hereby
amends Chapter 37 of the City Code to allow for the enforcement of an emergency order by the
City or the Mayor of Miami -Dade County or an executive order by the Governor of the State of
Florida through the City Code.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Emergency Ordinance is declared invalid, the remaining provisions of this Emergency
Ordinance shall not be affected.
Section 5. This Emergency Ordinance shall become effective immediately after final
reading and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Httor iey 8/25/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 7591 (Revision:) Printed on: 7/30/2020