Ordinance 2021-4406 ORDINANCE NO. 2021-4406
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "CIVIL
EMERGENCIES," BY AMENDING ARTICLE 2, ENTITLED "STATE OF
EMERGENCY," BY AMENDING SECTION 26-31 THEREOF, ENTITLED
"DECLARATION OF EMERGENCY," BY CLARIFYING AND UPDATING
CERTAIN PROVISIONS CONTAINED THEREIN; AND BY AMENDING
SECTION 26-33 THEREOF, ENTITLED "DISCRETIONARY EMERGENCY
MEASURES," BY UPDATING CERTAIN TERMS CONTAINED THEREIN;
AND BY AMENDING SECTION 26-34 THEREOF, ENTITLED "FILING AND
PUBLICATION," TO PROVIDE FURTHER PUBLIC NOTIFICATION
REQUIREMENTS PERTAINING TO THE DECLARATION OF A STATE OF
EMERGENCY OR EMERGENCY MEASURES IMPLEMENTED
PURSUANT THERETO; AND BY AMENDING SECTION 26-36 THEREOF,
ENTITLED "VIOLATIONS," TO ESTABLISH SPECIFIED PENALTIES FOR
THOSE BUSINESS ESTABLISHMENTS OPERATING IN VIOLATION OF
AN IMPOSED CURFEW; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, it is the responsibility of the government of the City of Miami Beach (the"City")
to ensure the public safety of its residents and visitors; and
WHEREAS, the City is geographically vulnerable to hurricanes, flooding and other natural
disasters which may cause severe disruption of essential human services, and extensive damage
to public roadways, utilities, buildings, parks and/or other government-owned facilities; and
WHEREAS, there is also an existing and continuing possibility of the occurrence of
technological or civil emergencies, or other disasters (including, but not limited to, acts of
terrorism, transportation accidents, pandemics, outbreaks, and large-scale hazardous material
spills or leaks)which crises require potent and effective response; and
WHEREAS, in order to address any such natural disaster, or technological or civil
emergency, the City is legally authorized and empowered, pursuant to Chapter 252 of the Florida
Statutes, to make, amend and rescind such orders and rules as are necessary for emergency
management purposes; and
WHEREAS, Chapter 162 of the Florida Statutes provides that a municipality may, by
ordinance, adopt an alternate code enforcement system which provides the local governing body
the authority to hold hearings and assess fines against violators of the respective county or
municipal codes and ordinances; and
WHEREAS, the City has created, pursuant Chapter 162, Florida Statutes, an alternate
code enforcement system that provides the authority to hold hearings and impose fines, liens and
other noncriminal penalties against violators of the Miami Beach (or Miami-Dade County) Code
of Laws and Ordinances; and
WHEREAS, those orders, rules and/or emergency measures promulgated or declared by
the City of Miami Beach, by and through its City Manager, become effective when filed in the
office of the city clerk and delivered to appropriate news media for dissemination; and
WHEREAS, when the City Manager implements emergency orders, rules or measures(or
enforces those established by Miami-Dade County or the State of Florida) to address such
disasters and emergency situations, compliance is imperative for the public safety and well-being;
and
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code, and Chapter 252 and
Chapter 381, Florida Statutes, the City Manager 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
WHEREAS, the coronavirus disease 2019 ("Covid-19"), which is a severe acute
respiratory illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person
and cause serious illness or death, emerged in 2019; and
WHEREAS, since its onset, Covid-19 has unequivocally constituted a clear and present
threat to the life, health, welfare and safety of all persons and, to that effect, the World Health
Organization declared the rapidly spreading coronavirus outbreak a global pandemic on March
11, 2020; and
WHEREAS, in an effort to mitigate spread of Covid-19, and pursuant to the authority
granted by Chapter 252, Florida Statutes, and Section 8B-7(2) of the Miami-Dade County Code,
Miami-Dade County has imposed a Countywide curfew which has been in effect since July 3,
2020; and
WHEREAS, since its inception, the Miami Beach City Manager has incorporated the
Countywide curfew, and further established such curfew within the City, pursuant to Chapter 26
of the City Code, into the City's emergency measures; and
WHEREAS, the Miami-Dade County curfew has been upheld by the United States District
Court for the Southern District of Florida in Case No. 20-25138, and by the Third District Court of
Appeal in Case No. 3D20-1512; and
WHEREAS, the City Administration has found that, despite vigorous enforcement of the
curfew, many businesses within the City have failed to abide by such emergency measure (which
includes multiple repeat violators), and the City Administration has further found that the mere
closure of a business found to be operating in violation of the curfew has been wholly inadequate
in deterring such illegal and dangerous conduct; and
WHEREAS, the Mayor and City Commission desire to enact this Ordinance to provide a
critical tool for the City Administration to address the ongoing Covid-19 health emergency and
deter continuing violations of the curfew by business establishments in the City; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That those Sections of the City's State of Emergency Ordinance, as such Ordinance
is codified in Sections 26-31 through 26-36 of the City Code, be amended as follows and as
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hereinafter set forth below:
CHAPTER 26
CIVIL EMERGENCIES
*
ARTICLE II. STATE OF EMERGENCY
* * *
Sec. 26-31. - Declaration of emergency.
Whenever the city manager determines that there has been an act of violence or a flagrant and
substantial defiance of or resistance to a lawful exercise of public authority and that, 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 property, all of which constitute an imminent threat to public peace or order and to the general
welfare of the city; or whenever, during a declared State or local emergency pursuant to the
provisions of Chapter 252 or Chapter 381, Florida Statutes, he the city manager may declare that
a state of emergency exists within that the city's territorial jurisdiction.
Sec. 26-32. - Reserved.
Sec. 26-33. - Discretionary emergency measures.
(a) Whenever the city manager declares that a state of emergency exists, pursuant to section
26-31, he the city manager may order and promulgate all or any or all of the following
emergency measures, in whole or in part, with such limitations and conditions as he the city
manager may deem appropriate (in addition to such powers and authorities vested in
municipalities to promulgate such emergency measures as authorized under Chapter 252
and Chapter 381, Florida Statutes):
(1) The establishment of curfews, including but not limited to the prohibition of or restrictions
on pedestrian and vehicular movement, standing and parking, except for the provision
of designated essential services such as fire, police and hospital services, including the
transportation of patients thereto, utility emergency repairs, and emergency calls by
physicians.
(2) The prohibition of the sale or distribution of any alcoholic beverage, with or without the
payment or a consideration therefor.
(3) The prohibition of the possession on any person in a public place of any portable
container containing any alcoholic beverage.
(4) The closing of places of public assemblage with designated exceptions.
(5) The prohibition of the sale or other transfer of possession, with or without consideration,
of gasoline or any other flammable or combustible liquid altogether or except by delivery
into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or
airplane and necessary for the propulsion thereof.
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(6) The prohibition of the possession in a public place of any portable container containing
gasoline or any other flammable or combustible liquid.
(b) Any such emergency measure so ordered and promulgated shall be in effect during the period
of emergency in the area or areas for which the emergency has been declared.
Sec. 26-34. - Filing and publication.
Any state of emergency or emergency measure declared or ordered and promulgated by virtue
of the terms of sections 26-31-26-33 shall, as promptly as practicable, be filed in the office of
the city clerk and delivered to appropriate news media for publication and to local radio and
television stations for broadcast, as well as posted on the city's website. If practicable, such state
of emergency declaration or emergency measure shall also be published by other means such
as by posting and/or loudspeakers.
Sec. 26-35. - Duration and termination of emergency.
A state of emergency established under sections 26-31-26-34 shall commence upon the
declaration thereof by the city manager and shall terminate at the end of a period of 72
consecutive hours thereafter unless, prior to the end of such 72-hour period, the city manager,
the Governor, county commission, or city commission shall have terminated such state of
emergency. Any extension of the 72-hour time limit must be accomplished by request from the
city manager and the concurrence of the city commission by duly enacted ordinance or resolution
in regular or special session.
Sec. 26-36. -Violations.
La) Any violation of a provision of sections 26-31-26-35, or of any emergency measure
established pursuant thereto, shall be punishable as provided in section 1-14 of the City
Code.
Civil fines. Notwithstanding subsection (a) herein, the following civil fines shall be imposed
upon a business establishment operating in violation of any curfew created, established,
ordered, adopted or promulgated pursuant to this Article, Chapter 252 of the Florida Statutes,
or the Code of Miami-Dade County:
L1) First violation: $250.00.
2) Second (or subsequent)violation within the preceding 12 months: $500.00.
Lc) Enhanced penalties. Notwithstanding subsection (a) herein, and in addition to those civil
fines identified in subsection (b) herein, the following enhanced penalties shall be imposed
upon a business establishment operating in violation of any curfew created, established,
ordered, adopted or promulgated pursuant to this Article, Chapter 252 of the Florida
Statutes, or the Code of Miami-Dade County:
j) The offending business establishment must immediately cease all business operations
and activities; and
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(2) The offending business establishment shall be prohibited from commencing any business
operations or activities until the appropriate civil fine, as set forth in subsection (b) herein,
has been received by the City; and
(2) The offending business establishment has remitted an executed attestation of compliance
demonstrating that such establishment has reviewed 'those emergency order(s) and
measures promulgated pursuant to the declared state of emergency, and which attestation
shall further specify that the business establishment has taken all required measures to
prevent a future recurrence of such curfew violation.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the a 7 day of M4rc4._ , 2021.
PASSED AND ADOPTED this l7 day of Mirth , 2021.
ATTEST:
Dan Gelber, Mayor
Lf k- l(
Rafa:27i/
. Granado, C. y Clerk
(Sponsored by Mayor Dan Gelber) = . •;
APPROVED AS TO
�►'CORP.OItkTEDI FORM & LANGUAGE
Underline denotes additions
denotes deletionsG'...tig= & FOR EXECUTION
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CUyAltorney„AK Date
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Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: March 17, 2021
10:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 26 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "CIVIL
EMERGENCIES," BY AMENDING ARTICLE 2, ENTITLED "STATE OF
EMERGENCY," BY AMENDING SECTION 26-31 THEREOF, ENTITLED
"DECLARATION OF EMERGENCY," BY CLARIFYING AND UPDATING
CERTAIN PROVISIONS CONTAINED THEREIN; AND BY AMENDING
SECTION 26-33 THEREOF, ENTITLED "DISCRETIONARY EMERGENCY
MEASURES," BY UPDATING CERTAIN TERMS CONTAINED THEREIN;
AND BY AMENDING SECTION 26-34 THEREOF, ENTITLED "FILING AND
PUBLICATION," TO PROVIDE FURTHER PUBLIC NOTIFICATION
REQUIREMENTS PERTAINING TO THE DECLARATION OF A STATE OF
EMERGENCY OR EMERGENCY MEASURES IMPLEMENTED PURSUANT
THERETO; AND BY AMENDING SECTION 26-36 THEREOF, ENTITLED
"VIOLATIONS," TO ESTABLISH SPECIFIED PENALTIES FOR THOSE
BUSINESS ESTABLISHMENTS OPERATING IN VIOLATION OF AN
IMPOSED CURFEW; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The above-referenced Ordinance was approved on First Reading,
atthe February 24, 2021 Commission meeting. Pursuant to the request of Mayor Dan Gelber, this
Ordinance is submitted for consideration by the City Commission for adoption at the Public Hearing
on Second Reading scheduled for March 17, 2021.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Page 531 of 2284
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Memo
o Ordinance
Page 532 of 2284
i
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miomibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
Raul J.Aguila, Interim City Manager
FROM: Rafael A. Paz, Acting City Attorney
nra
DATE: March 17, 2021
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "CIVIL EMERGENCIES," BY
AMENDING ARTICLE 2, ENTITLED "STATE OF EMERGENCY," BY
AMENDING SECTION 26-31 THEREOF, ENTITLED "DECLARATION OF
EMERGENCY," BY CLARIFYING AND UPDATING CERTAIN PROVISIONS
CONTAINED THEREIN; AND BY AMENDING SECTION 26-33 THEREOF,
ENTITLED "DISCRETIONARY EMERGENCY MEASURES," BY UPDATING
CERTAIN TERMS CONTAINED THEREIN;AND BY AMENDING SECTION 26-
34 THEREOF, ENTITLED "FILING AND PUBLICATION," TO PROVIDE
FURTHER PUBLIC NOTIFICATION REQUIREMENTS PERTAINING TO THE
DECLARATION OF A STATE OF EMERGENCY OR EMERGENCY
MEASURES IMPLEMENTED PURSUANT THERETO; AND BY AMENDING
SECTION 26-36 THEREOF, ENTITLED "VIOLATIONS," TO ESTABLISH
SPECIFIED PENALTIES FOR THOSE BUSINESS ESTABLISHMENTS
OPERATING IN VIOLATION OF AN IMPOSED CURFEW; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
The proposed Ordinance (the "Ordinance"), which is sponsored by Mayor Dan Gelber, is
submitted for second reading at the March 17, 2021 meeting of the City Commission.
The Ordinance seeks to update and clarify certain terms contained within Sections 26-31 through
26-36 of the City Code, which sections of the City Code pertain to, and address, declared states
of emergency.
The Ordinance also establishes monetary civil fines for those business establishments operating
in violation of any curfew imposed pursuant to a declared state of emergency and any order, rule
or emergency measure promulgated pursuant to Chapter 252 or Chapter 381, Florida Statutes,
or the City Code. As such, the Ordinance provides for civil fines to be imposed against
Page 533 of 2284
businesses found to be operating in violation of the curfew, in the amount of$250.00 for a first
offense and $500.00 for a second (and each subsequent) offense.
At the February 24, 2021 Commission meeting, the proposed Ordinance was approved on First
Reading.
RAP/MAF/bhs
Page 534 of 2284