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HomeMy WebLinkAboutcocc_proposed_resolution_no_2020-17_20200709RESOLUTION NO. 2020-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; ENCOURAGING THE CITIZENS, BUSINESSES AND VISITORS OF THE CITY OF CAPE CANAVERAL, FLORIDA TO EXERCISE PERSONAL RESPONSIBILITY IN SLOWING THE SPREAD OF COVID-19; MORE SPECIFICALLY: URGING PERSONS TO WEAR A FACE COVERING IN PLACES OPEN TO THE PUBLIC THROUGHOUT THE CITY OF CAPE CANAVERAL IN ORDER TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS, SUBJECT TO CERTAIN EXCEPTIONS; URGING PERSONS TO PRACTICE SAFE SOCIAL DISTANCING AND OTHER SAFETY MEASURES RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL (CDC) TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS; ENCOURAGING PERSONS TO STAY SAFER AT HOME WHEN POSSIBLE TO MINIMIZE THE SPREAD OF THE COVID-19 VIRUS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; APPLICABILITY; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Coronavirus ("COVID-19) is a respiratory illness caused by a virus that can spread rapidly from person to person, and may result in serious illness and death; and WHEREAS, in response to the Coronavirus Disease 2019 ("COVID-19"), Governor Ron DeSantis issued Executive Order No. 20-52 on March 1, 2020, declaring a public health emergency in the State of Florida, and on May 8, 2020, Governor DeSantis issued Executive Order No. 20-114, extending the state of emergency for an additional 60 days, and further extended for 60 additional days on July 7, 2020 by Executive Order No. 20-166; and WHEREAS, after Governor DeSantis issued Executive Order No. 20-91 on April 1, 2020, imposing statewide restrictions on non -essential businesses and activities due to COVID-19 (Safer at Home Order), Governor DeSantis subsequently issued Executive Orders No 20-112, (April 29, 2020), Executive Order No. 20-120 (on May 9, 2020), Executive Order No. 20-123 (May 14, 2020), Executive Order No. 20-131 (May 22, 2020), and Executive Order No. 20-139 (June 3, 2020), removing and decreasing the restrictions of the Safer at Home Order in order to provide for the phased re -opening of the State of Florida; and WHEREAS, the City Council believes that the safety of all its citizens (individuals and corporate) and the mitigation of the spread of COVID-19 continues to be of the utmost public importance, and circumstances require all citizens to reflect on the fundamental principles of public and private responsibility; and WHEREAS, the City Council desires when appropriate to continue to inform its citizens about the best practices for living under the difficult circumstances caused by COVID-19 for purposes of encouraging citizens to take and sustain personal responsibility for their own benefit and the benefit of the region, state, and country; and City of Cape Canaveral Resolution No. 2020-17 Page 1 of 6 WHEREAS, the City Council finds that personal responsibility and self-determination of its citizens, when directed towards implementing best practices and ensuring the safety of self and others, are a potent and useful force against mitigating against the spread of COVID-19; and WHEREAS, the City Council understands the importance of personal responsibility in slowing the spread of COVID-19 and is confident that the citizens of Cape Canaveral will continue to take responsibility for their actions by following appropriate CDC guidance as a means of reducing their risk and the risk of others in spreading COVID-19; and WHEREAS, the re -opening of the State of Florida will lead to more contact between individuals gathered together in public places, which is likely to increase the transmission of COVID-19 among individuals and the spread of COVID-19 within Florida communities; and WHEREAS, COVID-19 is spread through airborne transmission from individuals, sneezing, speaking, and coughing; and WHEREAS, COVID-19 can be spread by individuals who are asymptomatic, and the infectious droplet nuclei can spread for a great distance, although how far is not fully understood at present; and WHEREAS, on June 20, 2020, the Florida Department of Health issued a Public Health Advisory recommending that residents wear a face covering, which helps the resident protects others from exposure as well as themselves; and WHEREAS, the Centers for Disease Control and Prevention ("CDC") recommends use of facial coverings to reduce the spread of COVID-19; and WHEREAS, a recent meta -analysis funded by the World Health Organization supports the use of social distancing and facial coverings to minimize transmission of COVID-19, and on June 5, 2020, the World Health Organization changed its positon on the use of facial covering, and now supports their use; and WHEREAS, Sections 876.12 through 876.15 of the Florida Statutes, make it unlawful to wear a mask, however, pursuant to Section 876.155, Florida Statutes, this prohibition of mask wearing only applies when there is also evidence that there is an intent to intimidate other people, deprive them equal protection under the law, or engage in criminal conduct; and WHEREAS, according to public data provided by the Florida Department of Health, there has been a significant increase in coronavirus cases across the State of Florida and within Brevard County; and WHEREAS, based on the manner in which the coronavirus is spread, and correlation of infection rates with the presence (or absence) of social distancing measures, it is prudent to be concerned that COVID-19 cases will significantly increase within the City of Cape Canaveral if additional measures are not taken to stop or slow the spread of the virus; and City of Cape Canaveral Resolution No. 2020-17 Page 2 of 6 WHEREAS, COVID-19 continues to pose an imminent health hazard and an increased risk of infection to residents of the City and healthcare, first responders, and emergency medical service workers caring for patients with COVID-19; and WHEREAS, the City's Comprehensive Emergency Management Plan, and Ch. 252, Fla. Stat., authorize the City Council to take actions such as urging face coverings when necessary during declared emergencies to ensure the health, safety, and welfare of the community; and WHEREAS, this Resolution is issued in furtherance of protecting the health and safety of the citizens, businesses, residents and visitors of the City of Cape Canaveral, assisting the healthcare delivery system in its ability to serve those persons infected by COVID-19, and to preserving the public's access to essential services and activities and maintaining the operation of critical infrastructure; and WHEREAS, it is also necessary to protect the economy and businesses and their customers by taking actions such as requiring face coverings to protect the health and safety of the citizens, residents and visitors of the City of Cape Canaveral; and WHEREAS, this Resolution is also issued to inform the citizens of Cape Canaveral in support implementing Florida's Safe.Smart.Step-by-Step Plan for Florida's Recovery and Florida's economic recovery from COVID-19 while urging the citizens of Cape Canaveral to follow the best practices issued by health authorities including the CDC and Florida Department of Health. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral as fol lows: Section 1. Recitals. The foregoing recitals are hereby adopted by the City Council as material findings of the City of Cape Canaveral and are further fully incorporated herein by this reference as part of this Resolution. Section 2. Personal Responsibility. The City Council encourages the citizens, businesses and visitors of the City of Cape Canaveral, Florida to exercise personal responsibility and accountability in slowing the spread of Covid-19. Section 3. Following CDC Recommendations and Guidelines. The City Council encourages the citizens, businesses and visitors of the City of Cape Canaveral, Florida to abide by CDC Recommendations and Guidelines related to COVID-19. See e.g., https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance- list.html?Sort= Date%3A%3Adesc https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html Section 4. Safer At Home. The City Council encourages persons to stay "Safer at Home" when possible to minimize the spread of COVID-19, and consider going out only for essential services and activities during the COVID-19 emergency as initially set forth in Governor City of Cape Canaveral Resolution No. 2020-17 Page 3 of 6 DeSantis' Executive Orders No. 20-91 and No. 20-92. Additionally, when deciding to go out, persons should consider CDC Guidelines. See https://www.cdc.gov/coronavirus/2019- ncov/daily-life-coping/deciding-to-go-out.html Section 5. Face Coverings. (1) Definitions. The following words used in this Resolution shall have the meaning ascribed below: "Companion" means a person who is accompanying another person. "Face Covering" shall mean a uniform piece of material that securely covers a person's nose and mouth and remains affixed in place without the use of one's hands, whether store bought or homemade, consistent with CDC guidelines. See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-make-cloth-face- covering.html "Place open to the Public" shall mean a place to which the public has access, including, but not limited to, shops, businesses, non-profit and other institutional agencies, places of assembly, streets, public parks, transportation facilities, common areas of buildings, and such other places where the public is free to go. A person's home or residence is not a place open to the public. "Social Distancing" shall mean the practice of a person physically distancing themselves from another person by staying at least six (6) feet apart. Social distancing shall exclude requiring distancing between family members and Companions. (2) Urging Use of Face Coverings. (a) Except as specifically stated below, every person working, living, visiting, or doing business in the City of Cape Canaveral is urged to wear a Face Covering consistent with the current CDC guidelines while within or at a place open to the public within the jurisdictional limits of the City of Cape Canaveral. (b) All business operators of an indoor location of a business that is a place open to the public are urged to require all persons within the location to wear a Face Covering when not social distancing. Further, all business operators are urged to ensure compliance with this Resolution. (3) Exceptions. A Face Covering shall not be required for the following persons: (a) Persons under the age of 2 years. (b) Persons observing and maintaining social distancing from other persons in accordance with CDC guidelines at outdoor locations (c) Persons for whom a Face Covering would cause impairment due to an existing health condition or disability. City of Cape Canaveral Resolution No. 2020-17 Page 4 of 6 (d) Persons working in a business or profession who are not interacting face-to-face with the public. (e) Persons working in, or patrons of, a business or profession where use of a Face Covering would prevent them from performing the duties or receiving the services of the business or profession. (f) Persons exercising, while maintaining social distancing. (g) Persons eating or drinking. (h) Public safety, fire, and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies. (i) A person speaking with another individual who is hearing impaired where the hearing impaired individual needs to observe the person's mouth in order to understand what is spoken. (j) Persons for whom a Face Covering would conflict with the American with Disabilities Act (ADA). (k) Students at any location under the control of the school, which shall establish its own policy for all of its school locations. (4) Recommending Businesses Post Written Notice at Entrances and Websites. For the benefit of businesses and their patrons, the City Council recommends that all businesses allowing patrons to enter the business premises should post a written notice at the business entrance and on their websites (if applicable) advising patrons whether the business requires patrons to use a face covering or not while located on the premises. If a business requires face coverings on their premises, the City Council encourages such businesses to enforce their face covering policy for the benefit of their employees and patrons. Section 6. Compliance. This Resolution is intended as an emergency measure in furtherance of the State of Florida Declaration of Emergency — COVID-19 and the provisions of Section 252-47 and 252.50, Florida Statutes. The City seeks voluntary compliance with the provisions contained in this Resolution and to educate and warn of the dangers of non- compliance. Section 7. Repeal of Prior Inconsistent Resolution. All prior resolutions or parts of resolutions inconsistent with this resolution are hereby repealed to the extent of the conflict. Section 8. Applicability; Conflicts and Severability. (a) This Resolution is in addition to the Executive Orders issued by Governor DeSantis and Brevard County. Any provision within this Resolution that conflicts 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, the President of United States, or Brevard County shall be City of Cape Canaveral Resolution No. 2020-17 Page 5 of 6 deemed inapplicable and deemed to be severed from this Resolution, with the remainder of this Resolution remaining intact and in full force and effect. This Resolution has no application outside of the municipal boundaries of the City of Cape Canaveral. (b) Should any section or provision of this resolution, or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. (c) Nothing contained herein shall require or allow a person to wear a Face Covering so as to conceal the identity of the wearer in violation of Chapter 876, Florida Statutes. Section 9. Effective date. This Resolution shall become effective immediately upon adoption and shall remain in effect in the City of Cape Canaveral for so long as a state of emergency related to COVID-19 is in effect within the City of Cape Canaveral pursuant to the Governor's Executive Order, or unless otherwise modified, repealed or terminated. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 9th day of July, 2020. Bob Hoog, Mayor ATTEST: For Against Mike Brown Mia Goforth, CMC Robert Hoog City Clerk Mickie Kellum Wes Morrison Angela Raymond Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2020-17 Page 6 of 6