R-2020-331 RESOLUTION NO. 2020-33
2 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
3 SHORES VILLAGE, FLORIDA, EXTENDING A TEMPORARY
4 MORATORIUM ON ENFORCEMENT OF SECTION 541 OF THE
5 MIAMI SHORES VILLAGE CODE OF ORDINANCES DUE TO
6 COVID-19, SETTING AN EFFECTIVE DATE, AND SETTING A
7 SUNSET DATE.
8 WHEREAS, a respiratory illness due to a novel coronavirus ("COVID-19"), was first
9 identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting
10 many countries, including the United States;
11 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
12 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
13 Emergency due to COVID-19 in the State of Florida;
14 WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order No. 20-
15 52 declaring a State of Emergency for the State of Florida relating to COVID-19;
16 WHEREAS, on March 12, 2020, the Mayor of Miami -Dade County declared a Local State
17 of Emergency responding to the threat posed by COVID-19;
18 WHEREAS, on March 23, 2020, the Mayor of Miami Shores Village declared a State of
19 Local Emergency due to the threat posed by COVID-19 to Miami Shores Village residents;
20 WHEREAS, to help curb the spread of COVID-19, state and local governments ordered
21 non -essential businesses, including restaurants, to close;
22 WHEREAS, in order to facilitate the reopening of restaurants in Miami Shores Village
23 while continuing to comply with the health regulations and guidelines due to COVID-19, the
24 Miami Shores Village Council has determined that it is in the best interest of Miami Shores Village
25 to establish a limited temporary moratorium on the enforcement provisions of Section 541 of the
26 Miami Shores Village Code of Ordinances (Open Air Cafe Regulation) in accordance herewith,
27 in order for compliant restaurants to institute or expand outdoor seating for its customers;
28 WHEREAS, pursuant to Resolution No. 2020-10, the Village Council of Miami Shores
29 adopted a temporary moratorium on enforcement of Section 541 of the Miami Shores Village
30 Code of Ordinances pursuant to the terms of said Resolution; and
31 WHEREAS, the Village Council of Miami Shores finds that this Resolution is in the best
32 interest of the businesses located in the downtown business district of Miami Shore Village,
33 Miami Shores Village restaurants, and Miami Shores Village residents.
34 NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI
35 SHORES, FLORIDA AS FOLLOWS:
36 Section 1. The above Recitals are true and correct and incorporated herein by
37 reference.
38 Section 2. Beginning upon November 19, 2020 and for a period of six (6) months
39 thereafter, Section 541 of the Miami Shores Village Code of Ordinances (Open Air Cafe
1 Regulation) shall not be enforced against restaurants that have complied with both provisions
2 below:
3 (1) Provide Miami Shores Village with a hold harmless agreement indemnifying Miami
4 Shores Village from any claims for damages to property or injury to persons relating
5 to such open air cafes, in a form reasonably acceptable to the Miami Shores Village
6 Attorney; and
7
8 (2) Furnish Miami Shores Village with proof of applicable insurance coverage(s) in an
9 amount no less than $1,000,000.00 each, for bodily injury and property damage per
10 occurrence, which insurance policies name Miami Shores Village as an additional
11 insured.
12 Section 3. This Resolution creates no vested rights in any party.
13 Section 4. This Resolution shall take effect immediately upon adoption.
14 Section 5. This Resolution hereby sunsets and shall no longer be in force six (6)
15 months from November 19, 2020, unless readopted prior thereto.
16
17
18 PASSED AND ADOPTED this 1 st day of December 2020.
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20
21 ATTEST
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23 /
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26 Ysabely Ro ri uez, M MC Crystal Wagar, Mayor
27 Village Cle k _
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30 APPROVED AS TO FORM & LEGAL SUFFICIENCY:
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32 Richard Sarafan, Village Attorney
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