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Resolution 2022-32094 RESOLUTION NO. 2022-32094 ' 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 23, 2022, IN THE CITY OF MIAMI BEACH TO ADDRESS THE OVERWHELMINGLY LARGE CROWDS VISITING THE CITY DURING THE SPRING BREAK 2022 HIGH IMPACT PERIOD (THE "HIGH IMPACT PERIOD"), WITH SUCH EXTENSION ENDING AT 6:00 A.M. ON MARCH 28, 2022; FURTHER, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE EMERGENCY MEASURES IMPOSED PURSUANT TO EO NO. 2022-01-SB; FURTHER, 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.signiffcant,challenges including but not;limited to, extreme traffic and congestion, and severe"impac'ts'tp the City's'Police, Fire, Sanitation, and Code Compliance services; and • - • WHEREAS, however, in recent years, the City,;(which has a limited capacity for ingress and egress) has seen a tremendous 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, in 2021, similar unruly crowd control issues during Spring Break resulted in the imposition of emergency measures, including an 8:00 pm. curfew in the area between 5th Street and 16t' Street, from Pennsylvania Avenue to Ocean Drive, while the remainder of the entire City was subject to a Miami-Dade County Midnight(12`:00 a.m.) curfew; and WHEREAS, during this Spring Break period,Phis City hasiseen massive crowds, including this past weekend (March 18—20), which crowds have been beyond the capacity of the City and its law enforcement partners to control, and the City anticipates such crowds will continue based upon the Spring Break schedule of colleges and universities('and ' WHEREAS, many of the visitors to the City during high impact periods, such as Spring Break, are under the influence of alcoholic beverages and have demonstrated a blatant disregard for the rule of law; and WHEREAS, there have been multiple fights, shootings, armed robberies, reports of shots fired, and various other incidents and police calls for service; and WHEREAS, such incidents include two (2)shootings that occurred just this past weekend, each after 12:00 a.m. (on March 20, 2022 and March 21, 2022, respectively), which resulted in the shooting of 5 different innocent pedestrians and created stampedes and mayhem in the public streets and rights-of-way; and WHEREAS, despite the vast and highly-visible police officer presence in the City, criminals and their illegal behavior continue undeterred, as one (1) of those shootings even took place within feet of a police officer who had to take cover behind a police vehicle for safety; and WHEREAS, the City's police officers have been faced with unruly crowds and dangerous situations, and have been working twelve (12) to fourteen (14) hour shifts and up to six (6) days a week during the pendency of Spring Break, resulting in the Miami Beach Fraternal Order of Police stating that the City's police officers are exhausted and calling on the City to provide for their safety by ending the mayhem; and WHEREAS, nine(9)separate police officers have been injured in the performance of their duties during this year's Spring Break period; and WHEREAS, the police have responded to at least six(6) incidents concerning shots fired, including one such incident that took place in a residential neighborhood located in the western portion of the City, in which ten (10) spent shell casings were located, and projectiles were found to have pierced through a vehicle and a 2nd floor residential bedroom window; and WHEREAS, the Police Department and its law enforcement partners have impounded one-hundred (100) firearms from February 18, 2022 —March 21, 2022, with approximately thirty- seven (37) of such firearms having been impounded on Friday, Saturday and Sunday(March 18 —20); and WHEREAS, these armed robberies, brawls, and various other transgressions and illegal acts that have taken place have resulted in numerous injuries to police officers and civilians, and caused extensive property damage (to both public and private property); and WHEREAS, in response to the illegal and unruly behavior exhibited by these large crowds during Spring Break 2022, and in order to provide for the health and safety of persons and property, the City deployed 371 law enforcement officers this past weekend, which included the assistance of police officers from various law enforcement agencies, such as the Miami-Dade County Police Department (43 uniformed officers this past weekend) and approximately 60 uniformed police officers from the Multi-Agency Gang Task Force ("MAGTF") (including law enforcement officers from the Miami-Dade County Police Department, the Miami Gardens Police Department,the Aventura Police Department, the Florida City Police Department, the Homestead Police Department, along with ATF agents), in an attempt to control the unruly crowds and maintain some semblance of law and order in the City; and 2 WHEREAS, the City's Police Department and its law enforcement partners have effectuated 618 arrests from February 18, 2022 through March 20, 2022; and WHEREAS, the overwhelming majority of these incidents and arrests have taken place in the area bounded by 23rd Street and Dade Boulevard on the north, Government Cut on the south, Biscayne Bay on the west, and the Atlantic Ocean on the east; and WHEREAS, regrettably, some of these disturbing incidents and arrests in the above- referenced area have garnered attention (including national attention) from various news outlets and media; and WHEREAS, the City's Police and Fire Departments have notified the City Administration that the sheer volume and level of crowds have made it extremely difficult for Police and Fire emergency vehicles to get through portions of the area in order to adequately protect the health, safety and welfare of the public; and WHEREAS, these crowds of people have taken over City streets, sidewalks, and rights- of-way, and have refused to obey lawful orders of law enforcement officers to refrain from obstructing the rights-of-way; and WHEREAS, these crowds of unruly revelers have even gone so far as to block the road, surround a police vehicle, and force it to retreat in reverse from the crowd that had intentionally surrounded it to block its path; and WHEREAS, the sale and distribution of alcoholic beverages for off-premises consumption fuels the reckless and illegal behavior exhibited by the throngs of unruly crowds on the City's streets, sidewalks and rights-of-way, increases the number of individuals drinking and driving, and greatly exacerbates crowd control issues during Spring Break; and WHEREAS, many of the unruly revelers in the City during this Spring Break period are lodging in illegal short-term rentals ("STR") in the area south of 23rd Street and Dade Boulevard, as evidenced by the 46 calls for service involving short-term rentals in this area resulting in 17 issued STR violations involving illegal STRs in the area and there is a legitimate concern that unruly revelers forced to vacate the Ocean Drive area may migrate to their STRs in the South Beach residential neighborhoods and commence illegal house parties in this area, disturbing the peace and tranquility of those neighborhoods, therefore requiring those neighborhoods to be included in the emergency curfew zone; and WHEREAS, it is the necessary and the most narrowly-tailored approach to include the entire South Beach area (south of 23rd Street and Dade Boulevard)in the emergency curfew area in order to prevent the migration of massive crowds from the Ocean Drive area into the surrounding residential areas, which contain many large parks (Lummus Park, Flamingo Park, and South Pointe Park)and open-space corridors (such as Lincoln Road)where crowds of unruly revelers could easily congregate and create mayhem if forced to leave the Ocean Drive area but allowed to otherwise remain in the area; and WHEREAS, the City has broad authority pursuant to its inherent police powers, and "cases 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 who would otherwise enjoy freedom from restriction." See 7020 Entertainment, LLC v. Miami-Dade County, 3 Court Case No. 20-25138, U.S. District Court for the Southern District of Florida (citing Smith v. Avino, 91 F.3d 105, 109 (11t 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, pursuant to Section 26-31 of the City Code, if 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, the City Manager may declare that a state of emergency exists within the City's territorial jurisdiction; 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; and WHEREAS, pursuant to Section 26-35 of the City Code, the duration of such discretionary emergency measures is limited to a period of seventy-two (72) consecutive hours, unless an extension is authorized by the City Commission by duly enacted ordinance or resolution in a regular or special session; and WHEREAS, pursuant to Chapter 252 of the Florida Statutes and, more specifically, Florida Statutes 252.38 and 252.46, the City also has the power and authority to declare a local state of emergency and promulgate emergency orders to protect the health and safety of persons and property, and to make, amend and rescind such orders and rules as are necessary for such purposes; and WHEREAS, Florida Statute 252.38 also requires that any such emergency order enacted by the City, pursuant to Chapter 252, must be narrowly tailored to serve a compelling public health or safety purpose, and must also be limited in duration (of no more than 7 days), applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible; and WHEREAS, Alina T. Hudak, City Manager for the City of Miami Beach, pursuant to the authority vested in her pursuant to Sections 26-31 through 26-36 of the City Code and Chapter 252 of the Florida Statutes, has determined that there is reason to believe that there exists a continuing clear and present danger of 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 of Miami Beach; and WHEREAS, the City Manager has advised the City Commission that she intended to issue a Declaration of a State of Emergency pursuant to Section 26-35 of the City Code, for a period of 72 hours; and WHEREAS, the City Manager requested that the Mayor and City Commission provide authorization to extend the Declaration of a State of Emergency for an additional period of time (within the City Commission's authority to extend an emergency in a 7-day increment), so that the 4 State of Emergency may continue in full force and effect until Monday, March 28, 2022 at 6:00 a.m.; and WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the aforestated incremental extension through March 28, 2022; 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, with the State of Emergency continuing in full force and effect until Monday, March 28, 2022 at 6:00 a.m. 2. The City Manager is authorized to implement the emergency measures imposed pursuant to EO No. 2022-01-SB, as may be amended, commencing on Thursday evening, March 24, 2022, and ending on Monday, March 28, 2022, to provide for public safety and protect the general welfare of the City. 3. 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. 4. The City Commission may, at a duly-noticed City Commission meeting, determine whether the Declaration of a State of Emergency should be rescinded, or whether any further extensions are warranted. 5. 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"). PASSED and ADOPTED this:2'- day of tin , 2022. ATTEARBOU Dan Gelber, Mayor or Rafael E. Granado, City Clerk '_�•,,. APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 21hCORt RATEDh I 3 Z3 - D-1- .� City Attorney Date CH26 � - 5