Resolution 2021-31657 RESOLUTION NO. 2021-31657
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE
DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 20,2021, IN THE CITY
OF MIAMI BEACH TO ADDRESS THE OVERWHELMINGLY LARGE CROWDS
VISITING THE CITY DURING THE SPRING BREAK 2021 HIGH IMPACT PERIOD (THE
"HIGH IMPACT PERIOD"), SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF
SEVEN (7) DAYS, COMMENCING AT 5:01 P.M.ON MARCH 23, 2021,AND ENDING AT
5:00 P.M. ON MARCH 30, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO
CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR
TWO (2) ADDITIONAL 7-DAY INCREMENTS, WHICH WOULD COMMENCE AT 5:01
P.M. ON MARCH 30, 2021, AND END AT 5:00 P.M. ON APRIL 13, 2021; AND
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE EMERGENCY MEASURES
IMPOSED PURSUANT TO EO NO. 2021-02-SB, COMMENCING ON THURSDAY
EVENING AND TERMINATING ON MONDAY MORNING OF EACH WEEK, AND ON
ANY SUCH OTHER DATES AS MAY BE DEEMED NECESSARY BY THE CITY
MANAGER, PROVIDED THAT THE SCOPE OF ANY EMERGENCY MEASURES
ORDERED BY THE CITY MANAGER SHALL BE LIMITED TO RESPOND TO
IMMEDIATE THREATS ASSOCIATED WITH LARGE CROWDS DURING THE HIGH
IMPACT PERIOD; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE CITY
MANAGER SHALL BE BINDING ON THE CITY COMMISSION BEYOND THE PERIOD
OF THE STATE OF EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE CITY
COMMISSION TO UNDO ANY ACTION OF THE CITY MANAGER; AND FURTHER
PROVIDING THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE
TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS
OF THIS RESOLUTION.
WHEREAS, the City of Miami Beach (the "City") is an internationally renowned tourist
destination that is famous for its beautiful beaches, world-class shopping, entertainment, fine
dining, and vast array of artistic and cultural events; and
WHEREAS, in recent years, the City has seen an increasingly large number of visitors
during the Spring Break period, which has posed significant challenges including, but not limited
to, extreme traffic and congestion, and severe impacts to the City's Police, Fire, Sanitation, and
Code Compliance services; and
WHEREAS, this year, the City has experienced an alarmingly high number of persons
arriving into the City during the Spring Break period, along with a significant number of visitors
traveling to the City due to the availability of reduced airfares, hotel rates, and vacation rental
rates ("High Impact Period"); and
WHEREAS, many visitors to the City during the High Impact Period have demonstrated a
disregard for the rule of law; and
WHEREAS, during the High Impact Period, multiple fights, brawls, melees, and other
public displays and disturbances of the peace have occurred, resulting in numerous injuries to
civilians and police officers, and causing extensive property damage to both public and private
property; and
WHEREAS, in addition, many of the City's visitors during the High Impact Period continue
to gather and socialize in extremely close proximity to one another without any facial coverings
or regard for appropriate social distancing,which poses a direct threat to the health of themselves,
their families and others, in violation of Miami-Dade County Emergency Orders and City
Emergency Orders; and
WHEREAS, in response to unruly behavior exhibited by these large crowds during the
High Impact Period, the City has required the assistance of additional police officers from various
law enforcement agencies, such as the Miami-Dade County Police Department, Miami Gardens
Police Department, Coral Gables Police Department and the Florida Highway Patrol, in an attempt
to control the unruly crowds and maintain law and order in the City; and
WHEREAS, the City's Police Department and its law enforcement partners have
effectuated over 1,000 arrests from February 3, 2021 to the present; and
WHEREAS, more than 350 of such arrests have been for felony offenses, and more than
eighty(80)firearms have been seized in the foregoing time period; and
WHEREAS, the majority of arrests, as well as the fights and other disturbances of the
peace have taken place in the area bounded by 5th Street on the south, 16th Street on the north,
Pennsylvania Avenue on the west, and Ocean Drive on the east(the "High Impact Zone"); and
WHEREAS, these disturbing incidents and arrests in the High Impact Zone have garnered
significant attention from various news outlets and media throughout the world; and
WHEREAS, based upon safety concerns, a number of business establishments in the
High Impact Zone have voluntarily closed their establishments, in the best interest and welfare
of their patrons and employees; and
WHEREAS, the City has broad authority pursuant to its inherent police powers to
implement emergency measures upon the declaration of a state of emergency, and the courts
"have consistently held that it is a proper exercise of police power to respond to emergency
situations with temporary curfews that might curtail the movement of persons . . . ." See 7020
Entertainment, LLC v. Miami-Dade County, Court Case No. 20-25138, U.S. District Court for the
Southern District of Florida (citing Smith v. Avino, 91 F.3d 105, 109 (11th Cir. 1996)); and
WHEREAS, in Smith, the Court also held that, "governing authorities must be granted the
proper deference and wide latitude necessary for dealing with the emergency." Id.; and
WHEREAS, the Interim City Manager has determined that, pursuant to Section 26-31 of
the City Code, such State of Emergency exists in the City; and
WHEREAS, the City Manager is authorized, pursuant to Section 26-33 of the City Code,
to order and promulgate any(or all)of those discretionary emergency measures set forth therein,
in whole or in part, with such limitations and conditions as the City Manager may deem
appropriate, including the establishment of curfews; and
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of
the Florida Statutes, the City Manager of the City of Miami Beach is authorized to declare a state
of emergency and order and promulgate discretionary emergency measures, with such limitations
and conditions as the City Manager may deem appropriate; and
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WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a
State of Emergency (and any such discretionary emergency measures implemented pursuant
thereto) is limited to a period of 72 consecutive hours, unless an extension is authorized by the
City Commission by duly enacted resolution in a regular or special session of the City
Commission; and
WHEREAS, Section 252.38, Florida Statutes, provides that the duration of each State of
Emergency declared locally is limited to a period of seven (7)days; however, Section 252.38 also
provides that such local State of Emergency may be extended, as necessary, in 7-day increments;
and
WHEREAS, the City Manager hereby further requests that the Mayor and City
Commission provide authorization to continue to extend the Declaration of a State of Emergency
for an additional seven (7)days, commencing on March 23, 2021 and ending on March 30, 2021;
and the City Manager further requests authority to extend the Declaration of a State of Emergency
for up to two(2)additional seven (7)day increments, which would commence on March 30, 2021,
and end on April 13, 2021; and
WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the
aforestated 7-day incremental extension and the additional incremental extensions; provided,
however,that at any duly-noticed regular or special City Commission meeting, the Mayor and City
Commission may determine whether to terminate or continue to extend the Declaration of a State
of Emergency.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. The City Manager is hereby authorized to extend the Declaration of a State of
Emergency in the City of Miami Beach to address the overwhelmingly large crowds
visiting the City during the High Impact Period; said extension for an additional period
of seven (7) days, commencing at 5:01 p.m. on March 23, 2021, and ending at 5:00
p.m. on March 30, 2021.
2. The City Manager is further authorized to extend the Declaration of a State of
Emergency in the City of Miami Beach for two (2) additional 7-day increments, which
would commence at 5:01 p.m. on March 30, 2021, and end at 5:00 p.m. on April 13,
2021.
3. The City Manager is authorized to implement the emergency measures imposed
pursuant to EO No. 2021-02-SB, as may be amended, commencing on Thursday
evening and terminating on Monday morning of each week, and on any such other
dates as may be deemed necessary by the City Manager, to provide for public safety
and protect the general welfare of the City.
4. The scope of any emergency measures ordered by the City Manager pursuant to the
Declaration of a State of Emergency shall be limited to respond to immediate threats
associated with large crowds during the High Impact Period. Further, no emergency
action taken by the City Manager shall be binding on the City Commission beyond the
period of the State of Emergency, or otherwise limit the ability of the City Commission
to undo any action of the City Manager.
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5. The City Commission may, at a duly-noticed City Commission meeting, determine
whether the then-current extension of the Declaration of a State of Emergency should
be rescinded, or whether any further extensions are warranted.
6. The emergency measures imposed by the City Manager pursuant to the Declaration
of a State of Emergency are in addition to, and separate from, any measures the City
Manager is otherwise authorized to take under the City Code, including, without
limitation, Section 82-443 of the City Code (the "High Impact Ordinance") and City
Commission Resolution No. 2021-31599.
PASSED and ADOPTED this '21 day of yhArck , 2021.
ATTEST:
3/2,,/,( Dan Gelber, Mayor
Rafael E. Granado, City Clerk
. APPROVED AS TO FORM AND
IP;CORP ORATED LANGUAGE AND FOR EXECUTION
City Attorney Date
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