HomeMy WebLinkAboutOrdinance 2025-4783 ORDINANCE NO. 2025-4783
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION
82-72 THEREOF, ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS
OF OPERATION AT PUBLICLY-OWNED MARINAS," BY FURTHER
RESTRICTING THE PERMISSIBLE HOURS FOR COMMERCIAL VESSEL
ACTIVITY AT PUBLIC MARINAS AND PUBLIC MARINE FACILITIES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City has seen a significant increase in commercial vessel activity in the
last several years, particularly since the COVID-19 pandemic; and
WHEREAS, the City has also experienced many quality-of-life complaints related to
commercial charter vessel activity including unruly commercial charter and boat rental patrons,
disturbances caused by public intoxication, people engaging in excessively loud arguments and
playing excessively loud music, and public urination; and
WHEREAS, on or about April 28, 2023, the City Commission adopted Ordinance No.
2023-4550, that is codified in Section 82-72 of the City Code, which limited commercial vessel
activity at public marinas and public marine facilities each day from 9 p.m. until 7 a.m. the following
day; and
WHEREAS, on or about February 21, 2024, the City Commission adopted Ordinance No.
2024-4596, that is codified in Section 66-116 of the City Code, which limited commercial vessel
activity at private marinas and private marine facilities each day from 9 p.m. until 7 a.m. the
following day; and
WHEREAS, on or about November 20, 2024, the City Commission adopted Ordinance
No. 2024-4669, that is codified in Section 82-72 of the City Code, which prohibits commercial
vessels from departing public or private marinas and public or private marine facilities each day
from 7:00 p.m. until 7:00 a.m. the following day; and
WHEREAS, the City nonetheless continues to experience issues and field numerous
resident complaints concerning various disturbances, noise, fights, and arrests for illegal conduct,
due to commercial vessel nighttime activity at public marinas; and
WHEREAS, in order to address ongoing resident concerns surrounding nighttime charter
operations and activities that create noise, disturbances, fights and other issues and/or illegal
conduct, the Mayor and City Commission wish to limit commercial vessel activity at public marinas
each day from 7 p.m. until 7 a.m. the following day; and
WHEREAS, the Mayor and City Commission recognize that certain commercial vessel
operators have consistently complied with applicable laws, including the City Code, the Miami-
Dade County Code, and State law, and providing a limited exemption to the commercial vessel
hours of activity for such compliant operators would appropriately balance the interests of
responsible business operations and residents' quality of life concerns; and
WHEREAS, the Mayor and City Commission further recognize that Code violations issued
based upon the inability of a commercial vessel operator to acquire a business tax receipt due
solely to the Miami Beach Marina's failure to obtain a master business tax receipt should not be
counted as an applicable violation for purposes of the exemption being created for responsible
operators.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-72 of the City Code shall be amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE III. USE OF PUBLIC PROPERTY
* * *
DIVISION 1. GENERALLY
* * *
Sec. 82-72. Commercial vessel activity hours of operation at public marinas.
(a) Definitions. The following words, terms, and phrases, when used in this section, shall have
the meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
Marina means any installation operated for profit which exclusively provides any
accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or
servicing of watercraft, located in the waters of the city.
Marine facility means any device, dock, structure, building or component of a marina.
Operate means to navigate or otherwise use a vessel on or in the waters of the city.
Premises means any occupied or unoccupied vessel, marina, marine facility, accessory
structure, dock or pier, lot or parcel of land or any part thereof, used or intended to be used on or
in conjunction with the waterways of the city.
Vessel means and includes every description of watercraft used or capable of being used
as a means of transportation on water. The term shall mean any watercraft, and all vessels shall
belong to one of the following classes:
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(1) Commercial vessel means and includes every vessel used or operated for
commercial purposes on the navigable waters of the city that is either carrying
passengers (including, but not limited to, charters and rentals), carrying freight,
towing, or for any other use, for which a compensation is received, either directly
or where provided as an accommodation, advantage, facility or privilege at any
place or public accommodation, resort or amusement.
(2) Pleasure vessel means and includes every vessel not within the classification of
commercial vessel. The term shall include a crew racing shell, which means any
shell, gig, barge or other boat designed primarily for the practice of racing
conducted by a private or public educational institution, school, academy, college,
university or association of any of the preceding, or by an amateur sports club or
association or by the United States or International Olympics Committee, and shall
include canoes, rowboats or lifeboats.
(b) Prohibitions.
p.m. until 7:00 a.m. the following day. All ether commercial vessel activity shall be
prohibited at public marinas and public marine facilities each day from 9:00 p.m. 7:00 p.m.
until 7:00 a.m., the following day. Such prohibition shall include, but not be limited to, the
departure, arrival, or other operation of a operating a commercial vessel, the queueing,
embarkation or disembarkation of passengers, and the loading or unloading of any food,
goods, equipment, fuel or supplies.
It shall be an affirmative defense pursuant to this section if the owner of a commercial
vessel proves by clear and convincing evidence that he or she is operating the vessel
during prohibited hours without compensation of any kind, for his or her own pleasure, and
the pleasure of his or her personal friends and/or relatives.
Any person who knowingly makes any false statement to support this affirmative defense
shall be punished pursuant to Sec. 1-14 of the city code.
Notwithstanding the foregoing, all pleasure vessels, along with commercial fishing
vessels, commercial diving vessels, and licensed towing vessels, that are properly registered with
the marina operator as such, shall be exempt from the requirements of this section. It shall be the
sole responsibility of any person owning, operating or utilizing a vessel for commercial activity to
ensure that such vessel is properly and accurately registered with the marina operator for the
purpose of claiming an exemption to the requirements of this section.
This section shall not be construed as to prohibit public marinas and public marine facilities
from providing core marina functions including, but not limited to, utilities, dockage, storage, and
other services typically provided by a marina.
(c) Commercial vessel activity hours exemption; associated procedures.
(1) Commercial vessel operators who have conducted operations within the City for a
minimum of two (2) consecutive years without any pending or adjudicated
violations of the City Code, the Miami-Dade County Code, State law. or any other
applicable laws, rules. or regulations shall be eligible to apply for an exemption
from the 7:00 p.m. cessation of commercial vessel activity as established in this
section.
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(2) For purposes of determining eligibility for the exemption created by subsection
(c)(1) directly above. a City Code violation issued to a commercial vessel operator
who received a notice of violation in the applicable period due to its inability to
obtain a business tax receipt due solely to the Miami Beach Marina Operator's
failure to obtain a master business tax receipt shall remain eligible to be considered
for an exemption under subsection (c)(1) provided that such commercial vessel
operator obtains its business tax receipt promptly after the Miami Beach Marina
Operator obtains its master business tax receipt.
() Applications for an exemption pursuant to subsection (c)(1) shall be submitted in
writing on a form and in a manner to be prescribed by the City,
(4) The City Manager. or the City Manager's designee. shall review each application
and determine, in the City's sole and absolute discretion. whether to grant or deny
the exemption. Applicants shall be notified in writing of the City's determination.
(5) If approved, the exemption shall permit the applicant to conduct commercial vessel
activity until no later than 9:00 p.m. each evening. However. the approval of an
exemption shall not relieve the applicant of the obligation to fully comply with all
other provisions of the City Code, the Miami-Dade County Code. State law. and
any other applicable laws, rules or regulations.
(__)6 Approval of an exemption under this subsection shall not be deemed to create any
vested right, property interest, or other entitlement in the applicant. The City may
revoke any exemption at any time. with or without cause, and in the City's sole
discretion.
(7) If an applicant that has been granted an exemption under this subsection is issued
a notice of violation of the City Code. the Miami-Dade County Code, State law, or
any other applicable law, rule, or regulation, the exemption shall be immediately
and automatically revoked upon the issuance of that notice of violation. The
exemption may only be reinstated if the notice of violation is dismissed by the
issuing authority. or if the applicant ultimately prevails upon the conclusion of all
litigation related to that notice of violation,
( Upon revocation of the exemption, an applicant shall immediately comply with the
7:00 p.m, cessation of commercial vessel activity as established in this section.
(9) Commercial vessel operators who have been in operation within the City for less
than two (2)consecutive years shall not be eligible to apply for an exemption under
this subsection.
(d) Civil penalties. The code compliance department shall enforce this section. This shall not
preclude other law enforcement agencies from taking any action to assure compliance
with this division and all applicable laws.
(1) If a violation is observed, the enforcement officer shall be authorized to issue a
notice of violation to the commercial vessel. The notice will inform the violator of
the nature of the violation, amount of fine for which the violator is liable, instructions
and due date for paving the fine, that the violation may be appealed by requesting
an administrative hearing before a special magistrate within ten days after service
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of the notice of violation, and that the failure to appeal the violation within ten days
of service shall constitute an admission of the violation and a waiver of the right to
a hearing.
(2) A violation of this section shall be subject to the following fines and penalties:
a. If the violation is the first offense, a person or business shall receive a civil fine
of$500;00 $1,000.00;
b. If the violation is the second violation within the preceding six twelve months,
a person or business shall receive a civil fine of$1,000.00 $5,000.00 and the
city manager may temporarily suspend the business tax receipt of the violator
for a period not to exceed 30 days;
c. If the violation is the third violation within the preceding six twelve months, a
person or business shall receive a civil fine of$2,000.00 $5,000.00, however,
if the special magistrate finds the violation to be irreparable or irreversible in
nature, the special magistrate may impose a fine not to exceed $15,000.00 per
violation and, in addition to any fine imposed, the business tax receipt of the
violator shall be revoked; ,and
city rued business tax receipt shall be revoked.
(3) A violator who has been served with a notice of violation must elect to either:
a. Pay the civil fine in the manner indicated on the notice of violation: or
b. Request an administrative hearing before a special magistrate to appeal the
notice of violation, which must be requested within ten days of the service of
the notice of violation.
(4) The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code. A request for the
administrative hearing must be accompanied by a fee as approved by a resolution
of the city commission, which shall be refunded if the named violator prevails in
the appeal.
(5) If the named violator, after issuance of the notice of violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special magistrate,
the special magistrate may be informed of such failure by the code enforcement
officer. The failure of the named violator to appeal the decision of the code
enforcement officer within the prescribed time period shall constitute a waiver of
the violator's right to an administrative hearing before the special magistrate, and
shall be treated as an admission of the violation, for which fines and penalties shall
be assessed accordingly.
(6) A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by
the sheriffs of this state, including levy against the violator's real or personal
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property, but shall not be deemed to be a court judgment except for enforcement
purposes. On or after the 61st day following the recording of any such lien that
remains unpaid, the city may foreclose or otherwise execute upon the lien.
(7) Any party aggrieved by a decision of a special magistrate may appeal that decision
to a court of competent jurisdiction.
(8) The special magistrate shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
(9) The special magistrate shall not have discretion to alter the penalties prescribed in
this subsection.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of February, 2026.
ATTEST:
Steven Meiner, Mayor
/7"--)1
73EC 2 2 2025
Rafael E. Granado, City Clerk �°° 8 "'� • ';
4.:ORIORATEDi APPROVED AS TO
Underline denotes additions. ?�..
'�,,;�•....:?�.��-,.:•;. _ FORM & LANGUAGE
Strikethcough denotes deletions. ' H ELUTION
Double underline denotes additions after first reading.
Double strikethrough denotes deletions after first reading. Io)z)Jz,
(Sponsored by Mayor Steven Meiner) City Att6mey D
ate
Co-Sponsored by Commissioner David Suarez
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 17, 2025 9:45 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-72 THEREOF,
ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT
PUBLICLY-OWNED MARINAS," BY FURTHER RESTRICTING THE PERMISSIBLE
HOURS FOR COMMERCIAL VESSEL ACTIVITY AT PUBLIC MARINAS AND
PUBLIC MARINE FACILITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for
consideration by the Mayor and City Commission.
The City has seen a significant increase in commercial vessel activity in the last several years,
particularly since the COVID-19 pandemic. Unfortunately, the City has also experienced many
quality-of-life complaints related to commercial charter vessel activity including unruly commercial
charter and boat rental patrons, disturbances caused by public intoxication, people engaging in
excessively loud arguments and playing excessively loud music, and public urination.
On or about April 28, 2023, the City Commission adopted Ordinance No. 2023-4550, that is
codified in Section 82-72 of the City Code, which limited commercial vessel activity at public
marinas and public marine facilities each day from 9 p.m. until 7 a.m. the following day. Then, on
or about November 20, 2024, the City Commission adopted Ordinance No. 2024-4669, which
prohibits commercial vessels from departing public or private marinas and public or private marine
facilities each day from 7:00 p.m. until 7:00 a.m. the following day.
Nonetheless, the City continues to experience issues and field numerous resident complaints
concerning various disturbances, noise, fights. and arrests for illegal conduct, due to commercial
vessel nighttime activity at public marinas.
Accordingly, the proposed Ordinance would prohibit all commercial vessel activity at public
marinas (with specified exceptions) from 7:00 p.m. each evening until 7:00 a.m. the following
day. The proposed Ordinance also increases the fines for violation from $500 for a 1st violation,
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$1,000 for a 29d violation within the preceding 6 months; $2,000 for a 3rd violation within the
preceding 6 months; and $5,000 for a 4th or subsequent violation within the preceding 6 months
to a structure in which the fine for a 1st violation is $1,000 and the 2nd or subsequent violation
within 12 months is $5,000.
Moreover, the proposed Ordinance authorizes the City Manager to suspend the business tax
receipt of the violator for a period not to exceed 30 days for a 2nd violation within the preceding 12
months and requires the City Manager to revoke the business tax receipt for a 7rd violation within
the preceding 12 months.
Pursuant to meetings and communications with various stakeholders, the proposed Ordinance
has been amended after First Reading to establish an exemption (and application
process/procedure) for commercial vessels operators, without any violations of the City Code,
County Code, State law, or any other applicable law, rule, or regulation within the prior two (2)
years, to request that the City grant an exemption allowing the operator to continue commercial
vessel operations until 9:00 p.m. each evening. The proposed Ordinance was also amended to
provide an effective date of December 1, 2025, in order to allow qualifying commercial vessel
operators to apply for the exemption to the 7:00 p.m. cessation time for commercial vessel activity
established by the Ordinance.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
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Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
9:45 a.m. 2nd Rdg, Commercial Vessel Activity Hours at Public Marinas/Penalties. (SM/DS) CA
Previous Action (For City Clerk Use Only
First Reading Public Hearing on 9/3/2025 — R5 P
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