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ORDER AND SUPPLEMENT TO DECLARATION OF

STATE OF EMERGENCY

(Order Number 12)

ONGOING COMPLIANCE WITH RE-OPENING AND

 SOCIAL DISTANCING GUIDELINES AND UPDATED FACE COVERING REQUIREMENTS

WHEREAS, on March 12, 2020, I, as City Manager of the City of Aventura, promulgated a Declaration of Emergency (the “Declaration”), due to the COVID-19/Coronavirus health emergency within the jurisdictional limits of the  City of Aventura (“City”), pursuant to Section 2-404 of the City of Aventura Code of Ordinances; and

WHEREAS, Section 2-404 of the City’s Code of Ordinances authorizes the City Manager, to adopt emergency orders which may include, but are not limited to, curfews, declaration of certain areas being off limits, and other matters related to the Declaration; and

WHEREAS, on April 3, 2020, the United States Centers for Disease Control and Prevention (“CDC”) recommended that persons wear masks, including cloth masks or other facial coverings, while in public to help control the spread of COVID-19; and

WHEREAS, COVID-19 spread continues to occur in Miami-Dade County, and the City of Aventura, although at a lower rate; and

WHEREAS, on April 8, 2020, I entered City of Aventura Emergency Order 7 to adopt the CDC guidelines to require all persons to wear face coverings over their nose and mouth when in public; and

WHEREAS, on May 18, 2020, Governor DeSantis issued Executive Order 20-122, which authorizes Miami-Dade County to proceed to Phase 1 of the Safe, Smart, Step by Step Plan for Florida’s Recovery, subject to the limitations imposed in Executive Order 20-112 paragraphs two through six; and

WHEREAS, on June 19, 2020, Miami-Dade County Mayor Carlos Gimenez issued Amendment 3 to Emergency Order 23-20, (“Amended County Re-Opening Orders”), which provide for the ability of every retail and commercial establishment and any other establishment or facility to remain open subject to compliance with the “Moving to a New Normal Handbook,” included as an exhibit to the Amended County Re-Opening Orders, facial covering requirements, and applicable social distancing guidelines; and

NOW, THEREFORE, as City Manager for the City of Aventura, Florida, and pursuant to the authority vested in me under Section 2-404 of the City of Aventura Code of Ordinances (the “City Code”), as well as that certain City of Aventura Declaration of State of Emergency, dated March 12, 2020, I hereby ORDER and PROMULGATE the following additional emergency measures:

Section 1. Declaration Supplemented.

In accordance with City Code Section 2-404, and Chapter 252, Florida Statutes, the Declaration of the State of Emergency within the City of Aventura, dated March 12, 2020, is hereby re-affirmed, remains in full force and effect, and is further supplemented pursuant to this Order, as provided herein:

Section 2.  Findings. 

(A) The detailed findings of Governor Desantis’ Executive Orders Number 20-52, Number 20-68, Number 20-82, 20-83, 20-91, 20-92, 20-112, and 20-122 are hereby incorporated herein by reference.

(B) The detailed findings of Miami-Dade County Mayor Gimenez as contained in Amendment 3 to Miami-Dade County Emergency Order 23-20, dated June 19, 2020, and City of Aventura Emergency Order 9, dated May 17, 2020, as amended by City of Aventura Emergency Orders 10 (as revised), and 11 (as amended), including “The New Normal, a Guide for Residents and Commercial Establishments,” which is hereby adopted and incorporated herein by reference.

(C) In light of the continual spread of COVID-19, the City finds it necessary to implement further face covering requirements.

Section 3.  Continuing Obligations for Retail, Commercial, and other Establishments

(A) Every retail and commercial establishment, and any other establishment or facility in the City of Aventura may remain open, provided that each establishment complies with the following continuing obligations,

1. Complies with the applicable requirements in the Moving to a New Normal Handbook;
2. Insures that customers and employees comply with all social distancing requirements;
3. Complies with the facial covering requirements;
4. Complies with guidelines related to hand washing, and sanitary practices; and
5. Insures that employees who are ill, or not feeling well do not show up or remain at the establishment.

       Should an establishment fall out of compliance with items 1 through 5 above, they shall immediately close.

(B) Commencing at 12:01 a.m. on June 25, 2020, such business may reopen only upon (1) taking 24 hours to review this order and taking all necessary measures to come into compliance with its requirements; and (2) executing the attestation attached hereto as Exhibit “A” demonstrating that the review has been completed and the measures have been taken, and submitting the executed affidavit by email to IMT@mdpd.com or by mail to Special Patrol Bureau/Incident Management Team 1501 N.W. 79th Avenue, Doral, Florida 33126, and to the City Manager’s Office via email rwasson@cityofaventura.com.

Section 4.  City of Aventura Emergency Order 7, dated April 8, 2020, is hereby cancelled, and replaced with the following:  

Use of Covering Over Mouth and Nose

(A)          Effective at 6:00 p.m. on June 24, 2020, all employees and customers of grocery stores, pharmacies, restaurants, and all retail and commercial establishments will be required to wear a form of covering over their nose and mouth at all times while inside the grocery store, pharmacy, restaurant, retail, or commercial establishment facility. All individuals providing delivery services will be required to wear a face covering over their nose and mouth while making deliveries.

(B) A covering over the nose and mouth may include a facemask, homemade mask, or other cloth covering, such as a scarf, bandana, handkerchief or other similar cloth covering.

(C) All grocery stores, pharmacies, restaurants, retail and commercial establishments are required to implement policies for employees to use other personal protective equipment, such as gloves, subject to the availability of such items.

(D) All persons who are outside for any reason such as walking, exercising etc., are strongly recommended to wear a form of face covering over the nose and mouth (as described above) to prevent the spread of COVID-19 to others.

(E) Persons entering or walking through interior “Common Areas” of commercial buildings, residential condominium buildings, and residential cooperative buildings are required to wear facial coverings. “Common Areas” include lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and stairwells. The respective property managers/building managers shall be required to enforce this requirement. 

Section 5. Enforcement

Any person, firm, or corporation who violates any provision of the Declaration of the State of Emergency, and any Supplemental Order, any Amended Supplemental Order, including this Order, shall be subject to such fine or imprisonment or both as provided by Sections 1-14 and 2-333 of the City Code, or any other applicable penalty provision. Each day that a violation shall continue to exist shall constitute a separate offense.

Section 6. Effective Date. 

This Order and Supplement to Declaration shall be effective as of 5:00 p.m., June 24, 2020, and may be further supplemented from time to time in accordance with Article VIII of Chapter 2 of the City Code. This document shall be posted and distributed as provided by City Code Section 2-404(f). 

Executed this 24^nd day of June, 2020.

Exhibit A

Attestation of Compliance with Miami-Dade County’s and City of Aventura Reopening Guidelines (Please see page 4 of Order and Supplement to Declaration of State Of Emergency (Order Number 12) a