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Ex. MET-MIA-093 Order Primary source read

City of Miami Beach Declaration of a State of Emergency Relating to Spring Break 2021 (E.O. 2021-01-SB)

Curfew 8 p.m.-6 a.m. in the South Beach 'High Impact Zone' (5th-16th Streets, Pennsylvania Avenue to Ocean Drive); eastbound MacArthur, Julia Tuttle and Venetian Causeways closed 9 p.m.-6 a.m. except to residents, hotel guests and employees; Ocean Drive closed; sidewalk cafes suspended from 7 p.m.; restaurants in the zone delivery-only after 8 p.m.

Interim City Manager Raul J. Aguila · City of Miami Beach, Florida (City)

Open exhibit (PDF, 302 KB)
The COVID Project

The record

Jurisdiction
City of Miami Beach, Florida · Miami-Dade, Broward and Palm Beach · Florida
Level
City
Authority
Miami Beach Code ss. 26-31, 26-33 (curfews), 26-35 (72-hour limit), 26-36 and 1-14 (penalties); City Commission Res. 2021-31599 (High Impact Ordinance)
Issued
2021-03-20 Mar. 20, 2021
Effective
2021-03-20 8:03 p.m. (immediately; 72 hours to Mar. 23, 2021, 5:00 p.m., unless extended by the Commission) (read as 2021-03-20)
End
2021-03-23 (subject to Commission extension; extensions not in the exhibits) (read as 2021-03-23)
In force
Mar. 20, 2021 to Mar. 23, 2021
Quarters
2021 Q1
Limitation types
Business closureGathering capTravel and quarantineCurfew and hours
Addressees
  • all persons in the High Impact Zone
  • restaurants and sidewalk cafes in the High Impact Zone
  • motorists on the MacArthur, Julia Tuttle and Venetian Causeways
  • businesses in the zone (urged to close)
Functions reached
  • DR dining room and sidewalk cafes (suspended evenings)
  • BA nightlife (curfew)
  • LG hotels (guest access through closed causeways)
  • TR travel (causeway closures)
  • RT retail in the zone
Collection
Miami-Dade, Broward and Palm Beach MET-MIA

Operative words

1. Effective each night, from 8:00 p.m. through 6:00 a.m., a curfew shall be imposed in the area bounded by 5th Street on the south, 16th Street on the north, Pennsylvania Avenue on the west, and Ocean Drive on the east (the "High Impact Zone"). Restaurants within the High Impact Zone shall be permitted to continue to operate until 12:00 a.m. for delivery services only.... 2. Eastbound lanes on the MacArthur Causeway and Julia Tuttle Causeway shall be completely CLOSED to traffic from 9:00 p.m. through 6:00 a.m., except to City residents, guests of hotels in the City, and employees of business establishments in the City.... 4. Effective each night, from 8:00 p.m. through 6:00 a.m., Ocean Drive shall be CLOSED to pedestrian and vehicular traffic... 5. Effective each night, from 7:00 p.m. through 6:00 a.m., all sidewalk cafe operations, including expanded outdoor restaurant seating, shall be SUSPENDED in the High Impact Zone... The City strongly urges all businesses in the High Impact Zone to close voluntarily during the State of Emergency.

Enforcement

Arrest and criminal prosecution (Miami Beach Code ss. 26-36, 1-14)

Notes

Recital: visitors gathered 'without any facial coverings or regard for appropriate social distancing... in violation of Miami-Dade County Emergency Orders and City Emergency Orders'; cites 7020 Entertainment, LLC v. Miami-Dade County (S.D. Fla. No. 20-25138) and Smith v. Avino, 91 F.3d 105 (11th Cir. 1996) upholding emergency curfews

Retrieval note

Text layer read in full (DocuSigned Mar. 20, 2021, 8:03 p.m.).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.