Res No. 209-20 - Curfew
RESOLUTION NO. 209-20
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY; AUTHORIZING A CURFEW; PROVIDING A CONFLICTS
CLAUSE, AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, on March 9, 2020, Governor Ron Desantis issued Executive Order
20-52 declaring a state of emergency for the State of Florida as a result of COVID-19;
and
WHEREAS, on March 13, 2020, Palm Beach County and the City of Delray Beach
each declared a local State of Emergency due to the Coronavirus pandemic, which have
been extended in accordance with applicable law; and
WHEREAS, on March 28, 2020, the City issued its version of a “stay at home”
order due to the number of confirmed cases of COVID-19 in the jurisdictional boundaries
of the City of Delray Beach and, in order to limit the potential community spread of COVID-
19; and
WHEREAS, as part of its stay at home order, the City imposed a curfew designed
to protect the health and well-being of the community, to create social distancing, and to
minimize contact in an effort to limit community spread of COVID-19; and
WHEREAS, on May 8, 2020, the City terminated its “stay at home” order to remain
consistent with the Governor’s phased approach to reopening the State; and
WHEREAS, on September 25, 2020, Governor Ron Desantis issued Executive
Order 20-244 moving all Florida counties into Phase 3 reopening, providing that no
COVID-19 emergency ordinance prevent an individual from working or from operating a
business, providing that restaurants, including any establishment with a food service
license not be limited by a COVID-19 order to less than fifty percent (50%) of their indoor
capacity andimposing certain requirements if such an establishment is limited to less
than one hundred percent (100%) of its indoor capacity; and suspending the collection of
fines and penalties associated with COVID-19 enforced upon individuals; and
WHEREAS, the City has experienced a sharp rise in the number of individuals
affected by COVID-19 and recognizes that the ongoing pandemic continues to seriously
affect the life, health, and safety of the citizens and public at large; and
WHEREAS, due to the large number of crowds expected on New Year’s Eve, the
City has determined that a 2 a.m. curfew on January 1, 2021 is necessary and appropriate
and a prudent action to ensure the health, safety, and welfare of the residents of the City
of Delray Beach and the public at large; and
WHEREAS, the City authorizes the declaration of a curfew on January 1, 2021
between the hours of 2:00 a.m. to 6:00 a.m.; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes
the City Manager to take necessary measures in orderto protect the health, safety and
welfare of the citizens of Delray Beach and the public at large; and
WHEREAS, the City of Delray Beach wishes to adopt, by reference, Palm Beach
County Emergency Order 2020-030 providing for the extension of Palm Beach County
Order 2020-012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed on March 13, 2020 is hereby
confirmed.
Section 2. Effective January 1, 2021 at 2:01 a.m., a general curfew is hereby
established throughout the City of Delray Beach. The curfew will be from the hours
of 2:01 a.m. to 6:00 a.m. on January 1, 2021 and shall include but not be limited to
the prohibition of pedestrian and vehicular movement, standing, and parking. The
following exceptions shall apply within the City of Delray Beach:
a) Provision of essential state, county, and City of Delray Beach
emergency services such as fire-rescue, police, and hospital
services, related government services, including the transportation
of patients thereto;
b) Utility emergency repairs;
c) Emergency calls by physicians;
d) Food delivery and third-party food delivery services;
e) Travel related to medical care, work, or school;
f) Walking of dogs within 250 feet of the owner’s residence; and
g) Gasoline Stations.
Section 3. This Resolution does not affect or limit the operations of Palm Beach
County,the Palm Beach CountySchool District, or any State or Federal office or
facility.
Section 4. Any provision(s) within this Resolution that conflict with any state or federal
law or constitutional provision, or conflicts with, or are superseded by, a current or
subsequently issued Executive Order of the Governor or President of the United States,
shall be deemed inapplicable and deemed to be severed from this Resolution, with the
remainder of the Resolution remaining intact and in full force and effect.
Section 5. Violations of the provisions of this Resolution shall be subject to enforcement
pursuant to Chapter 95 of the Delray Beach Code of Ordinances. Consistent with the
mandates of the Governor in EO 20-244, COVID-19 related collection of fines and
penalties upon individuals is suspended.
Section 6. This Resolution shall be effective at 8:00 a.m. on December 31, 2020 and
shall expire at 6:01 a.m. on January 1, 2021.
21st
PASSED AND ADOPTED on this the _____ day of December, 2020.
___________________________________
Jennifer Alvarez, Interim City Manager
ATTEST:
____________________________
City Clerk