Res 81-21 - COVID adopting PBC 2021-004 extending facial coverings directives thru May 18 2021
RESOLUTION NO. 81-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY; EXTENDING DIRECTIVES ON WEARING OF FACIAL
COVERINGS CONSISTENT WITH PALM BEACH COUNTY COVID-19
ORDER NUMBER 2021-004; 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 declared a local State of
Emergency due to the Coronavirus pandemic, which has been extended in accordance
with applicable law; and
WHEREAS, on March 13, 2020, a State of Emergency in the City of Delray Beach
was proclaimed by the City Commission, which has been continually extended due to the
spread of the Novel Coronavirus Disease 2019 (COVID-19); and
WHEREAS,the Florida Department of Health continues to stress the importance
of social distancing and the wearing of facial coverings in order to mitigate the impacts
and spread of Coronavirus; and
WHEREAS, on June 24, 2020, the Palm Beach County Board of County
Commissioners issued Order No. 2020-012, providing for additional directiveson the
wearing of facial coverings in all businesses and establishments and outdoor public
spaces where social distancing is not possible; and
WHEREAS, on September 21, 2020, the Palm Beach County Board of County
Commissioners through the County Administrator issued Emergency Order No. 2020-
026, extending its directive on facial coverings through 12:01 a.m. on October 22, 2020;
and
WHEREAS, on September 25, 2020, Governor Ron Desantis issued Executive
Order 20-244 moving all Florida counties into Phase 3, 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 and
imposing 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, on September 29, 2020, the Palm Beach County Commission,
through the County Administrator, issued Emergency Order Number 2020-28 providing
for Phase 3 Reopening in Palm Beach County consistent with the Governor’s mandates;
and
WHEREAS, on October 21, 2020, the Palm Beach County Commission, through
the County Administrator, extended Executive Order 2020-12 until 12:01 a.m. on
November 21, 2020; and
WHEREAS, on November 20, 2020, the Palm Beach County Commission, through
the County Administrator, extended Executive Order 2020-12 until 12:01 a.m. on
December 21, 2020; and
WHEREAS, on December 18, 2020, the Palm Beach County Commission, through
the County Administrator, extended Executive Order 2020-12 until 12:01 a.m. on January
20, 2021; and
WHEREAS, on January 19, 2021, the Palm Beach County Commission, through
the County Administrator, further extended Executive Order 2020-12 until 12:01 a.m. on
February 19, 2021; and
WHEREAS, on February 18, 2021, the Palm Beach County Commission, through
the County Administrator, further extended Executive Order 2020-12 until 12:01 a.m. on
March 19, 2021; and
WHEREAS, on March 17, 2021, the Palm Beach County Commission, through the
County Administrator, further extended Executive Order 2020-12 until 12:01 a.m. on April
18, 2021; and
WHEREAS, on April 18, 2021, the Palm Beach County Commission, through the
County Administrator, further extended Executive Order 2020-12 until 12:01 a.m. on April
18, 2021; and
WHEREAS, the City desires to remain consistent with the County’s directives
concerning facial coverings; and
WHEREAS,Chapter 95 of the City of Delray Beach Code of Ordinances authorizes
the City Manager to take necessary measures in order to 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 2021-004 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.The City of Delray Beach hereby adopts and incorporates by reference
Palm Beach County Emergency Order Number 2021-004 dated April 18, 2021,
attached hereto and incorporated herein as
Exhibit A.
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. Medical and surgical face masks, such as "N95" masks or other similar
medical or surgical masks, are in short supply and should be reserved for health care
personnel and other first responders with the greatest need for such personal protective
equipment. Persons are encouraged to review and comply with the CDC and Florida
Department of Health guidelines on personal protective equipment, including with respect
to the use of a medical or surgical face mask, such as an "N95" mask or other similar
medical or surgical mask. This Resolution should not be construed as to require the
utilization of surgical masks or “N95” respirators. To the extent possible, persons should
refrainfrom utilizing surgical masks and “N95” respirators, which are in short supply and
which should be reserved for healthcare workers or other medical first responders as
recommended by CDC guidance. Instead, persons are encouraged to utilize facial
coverings as defined in Section 5 of Palm Beach County Emergency Order 2020-012.
Section 5.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 6. In addition to the enforcement provisions listed in Palm Beach County
Emergency Order 2020-017, violations of the provisions of this Resolution shall be subject
to enforcement pursuant to Chapter 95 of the Delray Beach Code of Ordinances.
Section 7.This Resolution shall becomeeffective immediately. This Resolution shall
expire at 12:01a.m. on May 18, 2021, consistent with Palm Beach County Emergency
Order 2021-004.
PASSED AND ADOPTED on this the _____ day of April, 2021.
___________________________________
Jennifer Alvarez, Interim City Manager
ATTEST:
____________________________
City Clerk