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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7591 Commission Meeting Date: 06/25/2020 Type: Ordinance Subject: Emergency Ordinance - Amending Chapter 37 - Enforcement of Emergency Orders Budget Impact Analysis Item has NO budget impact City Commission Nicole Ewan Legislative Division Valentin J Alvarez Office of the City Attorney Rachel Dooley Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria M6ndez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Reviewed By Requesting Department: City Commission Sponsored By: District Impacted: Various Meeting Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/25/2020 9:00 AM 06/25/2020 5:47 PM 06/25/2020 5:49 PM 06/25/2020 7:01 PM 06/25/2020 7:26 PM 06/29/2020 5:52 PM 06/29/2020 5:54 PM 06/29/2020 5:54 PM City of Miami File ID: 7591 (Revision:) Printed On: 7/30/2020 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13909 File Number: 7591 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 File ID: 7591 (Revision:) Printed On: 7/30/2020 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." 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. ' 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 unchanaed material. City of Miami File ID: 7591 (Revision:) Printed On: 7/30/2020 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 iria i "nde-� ez CiTy Attor iey 6/2512020 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 File ID: 7591 (Revision:) Printed On: 7/30/2020