COVID Reso 91-21 repealing all inconsistent resolutions (re masks) (002)
RESOLUTION NO. 91-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY; REPEALING ALL RESOLUTIONS INCONSISTENT WITH
EXECUTIVE ORDERS 21-101 AND 21-102; 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 extended sixty (60) times due
to the spread of the Novel Coronavirus Disease 2019 (COVID-19); and
WHEREAS, on June 24, 2020, the Palm Beach County Board of County
Commissioners issued Order No. 2020-012, providing for additional directives on the
wearing of facial coverings in all businesses and establishments and outdoor public
spaces where social distancing is not possible; and
WHEREAS, the Palm Beach County Commission, through the County
Administrator, has consistently extended Executive Order 2020-012 since June 24, 2020;
and
WHEREAS, the City of Delray Beach, recognizing that interventions such as facial
covering directives and social distancing mandates provide the necessary safeguards for
the safe reopening of certain business establishments and for the community at large,
consistently adopted, by reference, Palm Beach County Emergency Order 2020-12; and
WHEREAS, on May 3, 2021, Governor Ron Desantis issued Executive Orders 21-
101 and 21-102 suspending all remaining local government mandates and restrictions
based on the COVID-19 state of emergency on individuals and businesses; and
WHEREAS, subsequent to the issuance of EO 21-101 and EO 21-102, on May 4,
2021, the Palm Beach County Commission, through the County Administrator,
announced that the Palm Beach County mask mandate would no longer be in effect; and
WHEREAS, the City of Delray Beach wishes to repeal its mask mandate to be
consistent with the directives issued by Governor Desantis in EO 21-101 and 21-102 and
Palm Beach County; and
WHEREAS, the City encourages individualsand businessesto continue to follow
the guidelines provided by the Centers for Disease Control and Prevention as they
relate to COVID-19 safety.
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.All resolutions inconsistent with ExecutiveOrders 21-101 and 21-102 are
hereby repealed in their entirety.
Section 3. 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 4. This Resolution shall be effective immediately.
PASSED AND ADOPTED on this the day of May, 2021.
___________________________________
Jennifer Alvarez, Interim City Manager
ATTEST:
____________________________
City Clerk