HomeMy WebLinkAbout4549 Approval Emergency Ord for COVID-19Emergency Ordinance 2020-4649
An emergency ordinance of the City of Sanford, Florida relating to
the "National Emergency Concerning the Novel Coronavirus Disease
(COVID-19) Outbreak" and related matters; prohibiting entry into City
facilities by certain persons; enforcing the provisions of Executive
Order 20-68; providing for implementing administrative actions;
providing for conflicts; providing for severability; providing for non -
codification as well as the correction of scrivener's errors and
providing for an effective date and period of effectiveness.
Whereas, the City Commission of the City of Sanford hereby adopts the
findings set forth in the attached emergency proclamations issued by the City Manager
on March 16, 2020, and the City Commission on the date that this Emergency
Ordinance was enacted all of which relate to the National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak; and
Whereas, the City Commission of the City of Sanford also hereby adopts the
findings set forth in the orders issued by the President of the United States and the
Governor of the State of Florida with regard to the National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak; and
Whereas, on March 17, 2020, Governor Ron DeSantis issued Executive
Order 20-68 that was intended to reduce density and crowds in restaurants, bars,
nightclubs and beaches to mitigate the spread of Coronavirus (COVID-19); and
Whereas, with regard to bars and nightclubs, all bars and nightclubs
throughout Florida were required to close for 30 days and the Florida Department of
Business and Professional Regulation (FDBPR) will be enforcing and providing further
guidance; and
Whereas, with regard to restaurants, restaurants are required to limit
customer entry to 50 percent of capacity with seating staggered and limited to ensure
seated parties are separated by a distance of at least six feet, in accordance with the
guidelines of the Federal Center for Disease Control with additional information being
provided by the FDBPR; and
Whereas, the City of Sanford desires to protect its citizens and visitors and
enforce the provisions of Executive Order 20-68 under its emergency powers; and
Whereas, Section 166.041(3)(b), Florida Statutes, pertaining to the
procedures for adoption of ordinances and resolutions by municipalities provides that:
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The governing (b) body of a municipality may, by a two-thirds vote, enact
an emergency ordinance without complying with the requirements of
paragraph (a) of this subsection. However, no emergency ordinance or
resolution shall be enacted which establishes or amends the actual zoning
map designation of a parcel or parcels of land or that changes the actual
list of permitted, conditional, or prohibited uses within a zoning category.
Emergency enactment procedures for land use plans adopted pursuant to
part II of chapter 163 shall be pursuant to that part.
Whereas, as required by Section 166.041(3)(b), Florida Statutes, two-thirds of
the City Commission have voted to enact this Ordinance as an emergency ordinance.
Whereas, this Ordinance is also enacted pursuant to the home rule powers of
the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State
of Florida; Chapter 166, Florida Statutes; Chapter 252, Florida Statutes; and other
applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative And Administrative Findings And Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the
legislative and administrative findings and intent of the City Commission.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Entry Prohibited.
It is prohibited and unlawful for any person who is exhibiting an infection with the
Novel Coronavirus Disease (COVID-19) or who has travelled to an area subject to
travel restrictions as a result of COVID-19 or who has been in contact with another
person who is suffering the effects of COVID-19 to enter any City facility without the
express written consent of the City Manager.
Section 3. Regulations Consistent With Executive Order 20-68.
(a). In accordance with the provisions of Executive Order 20-68 all bars and
nightclubs located within the City of Sanford shall be closed for the period of time set
forth in the Executive Order and such establishments are off limits during the stated
time period.
(b). In accordance with the provisions of Executive Order 20-68 all restaurants
located within the City of Sanford shall limit customer entry to 50 percent of capacity
with seating staggered and limited to ensure seated parties are separated by a distance
of at least six feet, in accordance with the guidelines of the Federal Center for Disease
Control as set forth in the Executive Order.
(c). The City's Police Department shall coordinate the activities of the City with
the Florida Department of Business and Professional Regulation and seek such
assistance as is available from the Florida Department of Business and Professional
Regulation and shall advise City staff within other departments as to how assistance
might be provided in the enforcement of Executive Order 20-68.
Section 4. Implementing Administrative Actions.
(a). The City Manager is hereby authorized to take any and all necessary
actions to defend the enactment and implementation of this Ordinance.
(b). Without limiting the generality of the foregoing, the City Manager may take
any and all actions that are necessary to protect the interests of the City with regard to
directions received from Federal, State and County governments.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters addressed herein,
emergency management and the responses to the National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak and any and all matters relating or
pertaining thereto, are hereby ratified and affirmed.
Section 6. Codification; Scrivener's Errors.
(a). The provisions of this Ordinance shall not be codified.
(b). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 7. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
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Section 8. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 9. Effective Date; Period Of Effectiveness.
(a). This Ordinance shall take effect immediately upon enactment.
(b). This Ordinance shall be in effect for 6 months, or until the City Manager
files a statement with the City Commission, stating that National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak has terminated,
unless the City Commission rescinds this Ordinance earlier.
Passed and adopted this 19th day of March, 2020.
Attest:
Traci Houchin, CMC, FCRM, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
City Commission of
Sanford, Florida s
y of
511'a y .
OFFICE MJF"THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-68
(Emergency Management - COVID- 19)
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among hurnans through respiratory transmission and presents with
symptoms similar to those of influenza; and
WHEREAS, on March 1, 2020, 1 issued Executive Order number 20-51 directing the
Florida Department of Health to issue a Public Health Emergency; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of lorida as a result of COVID- 19; and
WHEREAS. on March 9, 2020. 1 issued Executive Order 20-52 declaring a state of
emergency for the entire State of Florida as a result of COVID- 19; and
WHEREAS. on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC"') issued the 15 Days to Slow the Spread guidance advising
individuals to adopt far-reaching social distancing measures, such as working from home and
avoiding gatherings of more than 10 people; and
WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state
and its people by this emergency.
NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV.. Section (1)(a) of the Florida Constitution, Chapter 252,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. Bars, Pubs and Nightclubs
A. Pursuant to sections 252.36(5)(g) -(h), Florida Statutes, any licensee authorized to
sell alcoholic beverages for consumption on premises that derive more than 50% of its gross
revenue from the sale of alcoholic beverages shall suspend all sale of alcoholic beverages for
thirty days from the date of this order, effective at 5 p.m. today, March 17, 2020.
B. The Department of Business and Professional Regulation shall utilize its authorities
under Florida law to further implement and enforce the provisions of this Section and shall take
additional measures with respect to bars, pubs and nightclubs as necessary to protect the public
health, safety and welfare.
Section 2. Beaches
Pursuant to section 252.36(5)(k), Florida Statutes, I direct parties accessing public beaches
in the State of Florida to follow the CDC guidance by limiting theirs gatherings to no more than
10 persons, distance themselves from other parties by 6 feet, and support beach closures at the
discretion of local authorities.
Section 3. Restaurants
A. Pursuant to section 252.36(5)(8), Florida Statutes, a restaurant shall immediately
limit its occupancy to 50% of its current building occupancy.
B. Pursuant to section 252.36(5)(8), Florida Statutes, a restaurant shall follow the CDC
guidance by ensuring, at minimum, a 6 -foot distance between any group of patrons and limiting
parties to no more than 10 individuals.
C. The Department of Business and Professional Regulation shall ensure all
restaurants implement employee screening and prohibit any employee from entering the restaurant
premises if they meet any of the criteria listed below:
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1) Any person infected with COVID-19 who has not had two consecutive
negative test results separated by 24 hours,
2) Any person showing., presenting signs or symptoms of, or disclosing the
presence of a respiratory infection, including cough, fever, shortness of breath or sore throat;
3) Any person who has been in contact with any person(s) known to be
infected with COVID-1 9. who has not yet tested negative for COVIN -19 within the past 14 days;
4) Any person who traveled through any airport within the past 14 days,: or
5) Any person who traveled on a cruise ship within the past 14 days.
D. The Department of Business and Professional Regulation shall utilize its authorities
under Florida law to further implement and enforce the provisions of this Section and shall take
additional measures with respect to bars, pubs and nightclubs as necessary to protect the public
health. safety and welfare.
For purposes of this section, "restaurant" shall include any Food Service Establishment.
licensed tinder Chapter 500, Florida Statutes, and Public Food Service Establishment, licensed
under Chapter 509, Florida Statutes,
Section 4. This Executive Order shall expire thirty days f'rom this date unless extended.
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IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of'the State of
Florida.��J�edA�Tallahassee. this 17th day of
RON
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CITY COMMISSION MEMORANDUM 20-061
MARCH 19, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Anthony E. Raimondo, Deputy Chief of Police
And Lonnie N. Groot, Assistant City Attorney
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Emergency Ordinance No. 2020-4549; COVID-19 Outbreak
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of Emergency Ordinance No. 2020-4549 relating to protection of the public from the Novel
Coronavirus Disease (COVID-19) is proposed.
Two options are being proposed: (1) Prohibits certain persons associated with COVID-19 from
entering City facilities; and (2). In addition to the foregoing (1) enforces the Governor's Executive
Order 20-68 relating to bars and nightclubs, and restaurants located within the City.
FISCAL/STAFFING STATEMENT:
The City will continue to operate under its budget. As in any emergency, the City will seek appropriate
assistance from Federal, State and County governments as may be available including, but not limited
to, funding.
BACKGROUND:
A separate agenda item before the City Commission at its emergency meeting relates to the overall
declaration of a state of emergency and the implementation of emergency powers in conjunction with
the actions of the National government through by President Trump and the State by Governor
DeSantis.
Proposed Emergency Ordinance No. 2020-4549 is presented in 2 options, one of which can be selected
for enactment by the City Commission in its judgment.
The 2 options are summarized as follows:
OPTION 1:
As is being done in some judicial circuits with regard to entry into courthouses, the proposed
Emergency Ordinance No. 2020-4549 prohibits any person who is exhibiting an infection with the
Novel Coronavirus Disease (COVID-19) or who has travelled to an area subject to travel restrictions
as a result of COVID-19 or who has been in contact with another person who is suffering the effects
of COVID-19 from entering any City facility without the express written consent of the City Manager.
This option also accomplishes that which is done in Option 1, but also provides a local ordinance
authority relative to potential violations of Governor's Executive Order 20-68 relating to bars and
nightclubs, and restaurants located within the City and, thus:
(1). In accordance with the provisions of Executive Order 20-68 all bars and
nightclubs located within the City must close for the 30 -day period set forth in the
Executive Order and provides that such establishments are off limits during that time
period.
(2). In accordance with the provisions of Executive Order 20-68 all restaurants
located within the City must limit customer entry to 50% of capacity with seating
staggered and limited to ensure seated parties are separated by a distance of at least 6',
in accordance with the guidelines of the Federal Center for Disease Control.
It should be noted that Section 252.50, Florida Statutes, makes it a second degree misdemeanor
to violate any provision of certain sections of Chapter 252, Florida Statutes, as well as rules or
orders made pursuant to those statutory provisions.
LEGAL REVIEW:
The optional versions of proposed Emergency Ordinance No. 2020-4549 were drafted by the Assistant
City Attorney who has assisted in the development of this agenda item.
RECOMMENDATION:
City staff recommends that the City Commission choose a version of proposed Emergency Ordinance
No. 2020-4549 and enact the same.
SUGGESTED MOTION:
"I move to approve Emergency Ordinance No. 2020-4549 Option 1 OR Option 2."
Attachments: 0). Emergency Ordinance No. 2020-4549 (2 options).
(2), Executive Order 20-68 issued by Governor DeSantis.