HomeMy WebLinkAbout2020-087p K
BOARD OF COUNTY COMMISSIONERS
3120200025108
AVER �, RECORDED IN THE PUBLIC RECORDS OF
QG JEFFREY R SMITH, CLERK OF COURT
4 INDIAN RIVER COUNTY FL
BK: 3298 PG: 1111 Page 1 of 3 5/62020 12:33 PM
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INDIAN RIVER COUNTY EMERGENCY ORDER 2020-007
WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order 20-51, directing the declaration of a public health
emergency and establishing the State of Florida's response to COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General declared a public health
emergency in the State of Florida; and
WHEREAS, on March 7, 2020, Indian River County began making preparations to
address COVID-19; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency
exists in the State of Florida by reason of COVID-19; and
WHEREAS, on April 29, 2020, Governor Ron DeSantis issued Executive Order Number
20-112, which allowed restaurants and food establishments licensed under Chapters 500 or 509,
Florida Statutes, to have on -premises consumption of food and beverage, so long as they adopt
appropriate social distancing measures and limit their indoor occupancy to no more than 25 percent
of their building occupancy; and
WHEREAS, under Executive Order Number 20-112, for such restaurants and food
establishments, outdoor seating is permissible with appropriate social distancing, such maintaining
a minimum of 6 feet between parties, only seating parties of 10 or fewer people and keeping bar
counters closed to seating; and
WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and
Resolution 2019-55 of the Indian River County Board of County Commissioners, the County
Administrator is authorized to declare a local state of emergency upon making a determination that
a disaster has occurred or is imminent, requiring immediate and expeditious action,
WHEREAS, in my capacity as County Administrator, I determined that, by reason of
COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and
expeditious action, and declared that a local state of emergency existed in all of Indian River
County, Florida, effective as of 8:00 a.m., on the 17th day of March, 2020; and
OFFICE OF THE COUNTYADMINISTRA TOR
INDIANRIVER COUNTY
1801 271h Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
BOARD OF COUNTY COMMISSIONERS
WHEREAS, in my capacity as County Administrator, I determined that, by reason of
COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and
expeditious action, and declared that a local state of emergency existed and continued to exist in
all of Indian River County, Florida, on March, 24, March 31, April 7, April 14, April 21, April 28,
and again on May 5, 2020; and
WHEREAS, while the Governor has allowed restaurants to re -open per Executive Order
20-112, restaurants may need additional flexibility, consistent with that order, in order to make
service viable; and
WHEREAS, the County wants to take all reasonable efforts to assist restaurants to open
in a viable manner while helping protect the health & safety of County residents; and
WHEREAS, by reason of such declarations of a state of emergency, and pursuant to the
authority granted in me in my capacity as County Administrator, I am authorized to enter
emergency orders necessary to ensure the health, safety and welfare of the residents of Indian
River County, including, without limitation, those orders authorized in chapter 252, Florida
Statutes, and chapter 101 of the Code of Indian River County, and other applicable law;
NOW, THEREFORE, this Emergency Order is issued declaring that restaurants and food
establishments as identified under Governor's Executive Order Number 20-112 located in the
unincorporated areas of Indian River County, can provide outdoor seating as set forth below:
Section A. Waiver of Temporary Use Permits
Temporary use permits or other permits required for such activities by those restaurants
and food establishments operating consistent with this Emergency Order and Governor's
Executive Order 20-112, shall be waived.
Section B. Temporary Outdoor Dining Area Requirements
Site plan restrictions governing temporary outdoor dining areas shall be waived for
restaurants and food establishments operating consistent with this Emergency Order and
Governor's Executive Order 20-112 within the limitations set forth below.
1. Temporary outdoor dining areas shall not block entrance or exit ways, fire lanes, fire
hydrants, or any other aspect of public safety.
2. Except as noted in this Emergency Order, temporary outdoor dining areas shall not block
streets, driveways, parking lot lanes, parking areas, or anywhere that impedes access or
poses a conflict between diners and vehicular traffic.
3. Temporary outdoor dining areas located within a parking area, shall utilize a
temporary physical barrier to separate the dining from the remaining parking.
4. Temporary outdoor dining areas shall not block any drainage or utility areas or impede the
operation and maintenance of these areas.
5. Temporary outdoor dining areas shall comply with all applicable fire code and public
health department requirements.
OFFICE OF THE COUNTY ADMINISTRA TOR
INDIAN RIVER COUNTY
1801 27th Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
BOARD OF COUNTY COMMISSIONERS
6. Temporary outdoor dining areas shall comply with all applicable provisions of Governor's
Executive Order Number 20-112.
Section C. Contract Infringement
This Emergency Order shall not infringe on any contractual obligations between a landlord
and tenant which relate to the tenant's authority to utilize outdoor space for temporary outdoor
dining areas.
THIS EMERGENCY ORDER shall be enforced in the unincorporated areas of Indian
River County per section 252.47, Florida Statutes. Violation of this Emergency Order is
punishable pursuant to section 252.50, Florida Statutes as a misdemeanor of the second degree.
THIS EMERGENCY ORDER shall be in effect in Indian River County, from 8 a.m. on
May 6, 2020 until 8 a.m. on May 13, 2020, or until further order.
DONE AND ORDERED this 6th day of May, 2020.
Jason E. Arowh, Indian River Countv Administrator
OFFICE OF THE COUNTY ADMINISTRA TOR
INDIAN RIVER COUNTY
180127' Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408