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HomeMy WebLinkAbout2005-3484 Ordinance ORDINANCE NO. 2005-3484 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO WATERCRAFT; AMENDING CHAPTER 66 BY ENACTING A NEW SECTION 66-8 REGULATING THE ANCHORING AND MOORING OF WATERCRAFT WITHIN THE BOUNDARIES OF THE CITY; REGULATING ANCHORING OR MOORING FOR NONNA VIGATIONAL, LIVE- ABOARD, AND OTHER PURPOSES; DEFINING NONNAVIGATIONAL PURPOSES AND EXCEPTIONS, AND LIVE-ABOARD; ESTABLISHING PENALTIES FOR VIOLATION; PROVIDING FOR REPEALER OF ALL CONFLICTING ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR CODIFICATION AND A SEVERANCE CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Commission finds and declares that the proliferation of watercraft: in use for residential purposes or otherwise stored in the waters of Biscayne Bay within the boundaries of the City have had and have a deleterious effect upon the health, safety and welfare of the residents of the City in that they potentially serve as a source for pollution and contamination through discharge of human waste as well as garbage, refuse, debris, oil and other obnoxious products; constitute aesthetic pollution, being unsightly and interfering with views and enjoyment by the public of the beautiful vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of homeowners and other residents of property adjacent or proximate to the Bay and other waterbodies; constitute a threat to the safety, health and welfare of residents of the City through unregulated activity upon and aboard such watercraft:; and numerous other problems and disadvantages which adversely affect the quality of life of the residents and visitors to the City; and WHEREAS, it is the intent of the City to mitigate the adverse impacts of anchored or moored watercraft:, recognizing that the State of Florida has established a preemption of certain functions under Section 327.60 Florida Statutes and the Florida Administrative Code 68D- 23.101(3), which address vessels in navigation but permit local regulation of vessels not "in navigation"; and WHEREAS, the Attorney General has opined, AGO 85-45, that "vessels which are used as a person's primary residence may be 'live-aboard vessels' for purposes of municipal regulation permitted by Section 327.60(2), F.S., even though they are not used solely as a residence but are also used for recreational purposes, if such vessels are represented as such person's 'legal residence' pursuant to ~ 327.02[(16)](b), F.S. [] , and that the determination of whether such vessels are represented as a person's legal residence may be based on a combination of the person's subjective intent and objective facts," and WHEREAS, the City has conducted studies and observed the advent of vessels not in navigation and of vessels upon which persons are residing; and WHEREAS, the City has determined that vessels anchored or moored within the jurisdictional waters of the City on which persons are residing as their primary residence for more than seven (7) days, or that the person has or persons have no other arrangements for residence in the area, constitutes a legal residence for purposes of this ordinance, and such vessels are "live-aboards" within the jurisdiction of the City to regulate; and WHEREAS, the City has determined that evidence that vessels anchored or moored within the jurisdictional waters of the City for more than seven (7) days constitutes prima facie evidence that such vessels are no longer exercising rights of navigation, and within the jurisdiction of the City to regulate; and WHEREAS, the City has observed the use of anchoring or mooring of vessels within the jurisdictional waters of the City for purposes of storage or avoiding fees associated with marinas or anchorages that are or may be available for their use, and such vessels fall within the jurisdiction of the City to regulate. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND MEMBERS OF THE COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION ONE. Chapter 66 of the Code of Ordinances of the City is hereby amended by the addition of a new section 66-8 to read: Sec. 66-8 Limitations on anchorin2: or moorin2: within city limits. (a) Purpose. This ordinance is adopted for the following purposes and reasons: (1) The City Commission finds and declares that the proliferation of watercraft in use for residential purposes or otherwise stored in the waters of Biscavne Bay within the boundaries of the City have had and have a deleterious effect upon the health, safety and welfare of the residents of the City in that they potentially serve as a source for pollution and contamination though discharge of human waste as well as garbage, refuse, debris, oil and other obnoxious products; constitute aesthetic pollution, being unsightly and interfering with views and enioyment by the public of the beautiful vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of homeowners and other residents. of property adiacent or proximate to the Bay; constitute a threat to the safety, health and welfare of residents of the City through unregulated activity upon and aboard such watercraft; and numerous other problems and disadvantages which adversely affect the quality oflife ofthe residents and visitors to the City; and (2) It is the intent of the City to mitigate the adverse impact of anchored or moored watercraft, recognizing that the State of Florida has established a preemption of certain functions under Section 327.60 Florida Statutes and the 2 Florida Administrative Code 68D-23.101(3). which address vessels in navigation but permit local regulation of vessels not "in navigation"; and (3) The City has conducted studies and observed the advent of vessels not in navigation and of vessels upon which persons are residing. (4) The Attorney General has opined. AGO 85-45. that "vessels which are used as a person's primary residence may be 'live-aboard vessels' for purposes of municipal regulation permitted by Section 327.60(2). F.S.. even though they are not used solely as a residence but are also used for recreational purposes. if such vessels are represented as such person's 'legal residence' pursuant to ~ 327.02r(6)1(b). F.S. rl . and that the determination of whether such vessels are represented as a person's legal residence may be based on a combination of the person's subjective intent and objective facts." (5) The City has determined that vessels anchored or moored within the jurisdictional waters of the City on which persons are residing as their primary residence or for more than seven (7) consecutive or cumulative days within a thirty-day period constitutes a legal residence for purposes of this ordinance. and such vessels are "live-aboards" within the jurisdiction of the City to regulate. (6) The City has determined that evidence that vessels anchored or moored within the jurisdictional waters of the City for more than seven (7) consecutive or cumulative days within a thirty-day period constitutes prima facie evidence that such vessels are no longer exercising rights of navigation. and within the jurisdiction of the City to regulate. (b) Definitions. For purposes of this section. the following definitions shall apply: (1) A vessel not "in navigation." or "not engaged in the exercise of the rights of navigation." is defined as one that evidences. through a case-by-case review of applicable factors. an abandonment. either temporary or permanent. of the exercise of rights of navigation. Factors to consider as evidence of such abandonment include but are not limited to. how long a vessel has been anchored within the boundaries of the city within a thirty-day period. or whether a vessel has a current registration as required by applicable law. or whether a vessel is being anchored or stored on the water to avoid dockage or storage fees. sometimes evidenced for example by a sailboat that has removed its sails. A vessel anchored or moored within the jurisdictional waters of the City for more than seven (7) consecutive or cumulative days within a thirty-day period. constitutes prima facie evidence that such vessel is not "in navigation" or is "not engaged in the exercise of the rights of navigation. " (2) A "non-live aboard vessel" shall be a vessel that does not fall within the definition of live-aboard vessel as set forth in section 327.02(6). Florida 3 Statutes. namely: "Live-aboard vessel" means: (a) Any vessel used solely as a residence: or (b) Any vessel represented as a place of business. a professional or other commercial enterprise. or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel. " (3) The fact of whether a vessel is a person's or persons' "legal residence." and therefore a "live-aboard vessel" under this ordinance may be established by evidence that the person is or persons are using the vessel as his. her or their primary residence. including evidence of a combination of the person's or persons' subiective intent and obiective facts. including the fact that the vessel on which the person is or persons are residing has been anchored or moored within City limits for seven (7) consecutive or cumulative days within a thirty- day period. or that the person has or persons have no other arrangements for residence in the area beyond the seven (7) day period. (c) The following vessels are prohibited from anchoring or mooring within the boundaries of the city. except as hereinbefore and hereinafter provided: (1) Non-live aboard vessels not in navigation. or not engaged in the exercise of the rights of navigation: and (2) Live-aboard vessels being used as a person's legal residence more than seven (7) consecutive or cumulative days within a thirty-day period. (d) This section shall not apply to non-live-aboard vessels exercising rights of navigation. or vessels (whether non-live-aboard or live-aboard): (i) responding to a bona-fide emergency on their vessel. such as failure of the vehicle to operate. or iniury or illness suffered by the vessel's operator. or during the period when a hurricane watch or warning or other dangerous weather condition is in effect. either in the city. or in the next immediate destination of the vessel. or the route thereto: (ii) located within designated anchoring and mooring areas: (iii) moored to or docked at private property with the consent of the property owner. whether or not also anchored to secure the vessel. or (iv) anchored immediately adiacent to upland property owned or leased by the owner of the vessel. due to an inability to moor to the upland property. ( e) In the event of an emergency. or dangerous weather condition in effect in the City or the next immediate destination of the vessel. or the route thereto. as provided for in subsection (d) above. the owner or occupant of the vessel shall immediately contact the city's marine patrol. and inform them of the nature of the emergency or weather condition. and the amount of time required to remedy the situation. Upon the abatement of the emergency or weather condition. compliance with this ordinance is required. (f) The city commission. or designee. may designate public anchoring and mooring areas. subiect to rules. regulations and permitting procedures by the city manager and such other local. state or federal agencies with iurisdiction. 4 (g) Violations and Penalties. (1) Any violation of the provisions of this section shall be a violation of the City Code as well as Chapter 327 Florida Statutes. Any person who owns. operates or is otherwise in control of a vessel and who violates any of the provisions of this Section. or the provisions of Chapter 327 Florida Statutes. may be charged with a non criminal (civil) infraction and shall be subject to the enforcement and penalty provisions and procedure of Code Chapter 30 as well as Chapter 327. Florida Statutes. Any vessel that is in violation of this law may also be subject to the provisions of Code Sections 66-221 through 66-229. (2) In addition, any vessel violating this section shall be subject to removal and impoundment. and operators of such vessels may be charged with a non- criminal (civil) infraction pursuant to section 327.73. Florida Statutes. by any law enforcement agency with jurisdiction to enforce this ordinance (enforcing agency). The City's marine patrol will regularly document the arrival and location of vessels. at which time it will provide the vessel operator with written notice about this ordinance. If no vessel operator is located on or about the vessel at the time of documenting its arrival and location. the marine patrol will post such notice on the vessel. and send notice by certified mail to the last registered owner of the vessel. if reasonably obtainable. informing such owner of the seven day limitation and forty-eight hour warning period prior to impounding. Failure to provide this arrival notice by posting or mail shall not affect enforcement proceedings. Forty-eight hours prior to removal and impoundment the enforcing agency shall post notice of violation on the vessel to be impounded. to afford the owner or operator the opportunity to move the vessel from city limits or to a lawful location. Within five days following removal. the enforcing agency shall provide written notice by certified or registered mail return receipt requested to the registered or documented owner at his. her or its address of record as to where and how the vessel can be recovered. If the vessel is not repossessed by the owner within 20 days after mailing of such notice. the vessel shall be disposed of in the manner and under the provisions of Sections 66-223 through 227. or other applicable law. The owner of the vessel shall be responsible for all costs for removal and impoundment of the vessel. which shall become a lien upon and against the vessel and which shall be paid prior to release of the vessel to the owner or agent. (3) Nothing herein shall be deemed to abrogate the handling of derelict vessels as provided by Section 66-228 and 66-229 ofthe Code. 5 SECTION TWO. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION THREE. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION FOUR. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall take effect ten days follow'ng ~~p~ CITY CLERK ,2005. PASSED and ADOPTED this 18th day of Robert Parcher APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ,j-/9-05 Date First Reading: April 20, 2005 Second Reading: Mayl8, 2005 T:\AGENDA\2005\MayI805\Regular\MOORING ANCHORING ORDINANCE 051905 FINAL.doc 6 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ Condensed Title: An Ordinance establishing an anchoring and mooring time limit in the waters of the City of Miami Beach for nonnavigational and live-aboard vessels. Issue: Shall the Mayor and City Commission approve the Ordinance establishing an anchoring and mooring time limit in the Ci of Miami Beach? Item Summary/Recommendation: The Ordinance was prepared as a result of concerns expressed by residents about water pollution, navigational hazards and visual intrusions associated with vessels that anchor and moor for long periods of time in the waters of the City. The Ordinance regulating anchoring and mooring of vessels within the City limits was discussed at the Neighborhood/Community Affairs Committee meeting on March 29, 2005. The Committee recommended that the Ordinance be forwarded to the City Commission for its review and consideration on First Reading. After First Reading, the Ordinance was discussed at the April 27, 2005 Finance and Citywide Projects Committee Meeting. The Committee discussion focused on the costs and expectations for enforcement of the Ordinance and discussed several language amendments. During the Committee discussion it was made clear that the enforcement response, while always seeking compliance could be more flexible than originally anticipated. The Committee indicated that only in required circumstances would towing and storage be necessary rather than in every instance of non-compliance. The costs of enforcement are significantly impacted by this expectation and reflected as such in the revised budget projection. The vessel anchoring and mooring Ordinance establishes a time limit that any vessel may be anchored or moored within the waters of the City of Miami Beach. State maritime law allows municipalities only to regulate or to limit the anchoring or mooring of non live-aboard vessels when such vessels are not considered to be in- navigation. Technically, in- navigation means the time period in which a vessel is moving from one location to another, including any layovers or temporary anchorages in that time. State law also allows municipalities to regulate live-aboard vessels, which include vessels used as a primary or legal residence. The attached Ordinance defines and establishes a local time limit for when a vessel is, in or not in, navigation and applies that time limit as well to vessels used as a primary or legal residence. The Ordinance limits to a seven (7) day period of time for which it might be anchored within the boundaries of the City in a 30 day period. The Administration recommends if this Ordinance is approved on Second Reading, to refer the Ordinance to the Finance and Citywide Projects Committee, to discuss funding sources for the desired levels of enforcement. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: I I Finance Dept. Ci Clerk's Office Le islative Trackin Robert C. Middau h AGENDA ITEM DATE RSD S'""l i ..-0 ;- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City comUiSSi n Jorge M. Gonzalez { l L- City Manager :.d1. Date: May 18, 2005 To: SECOND READING Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO WATERCRAFT; AMENDING CHAPTER 66 BY ENACTING A NEW SECTION 66-8 REGULATING THE MOORING AND ANCHORING OF WATERCRAFT WITHIN THE BOUNDARIES OF THE CITY; REGULATING ANCHORING OR MOORING FOR NON NAVIGATIONAL, LIVE-ABOARD, AND OTHER PURPOSES; DEFINING NON NAVIGATIONAL PURPOSES AND EXCEPTIONS, AND LIVE-ABOARD; ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING FOR REPEALER OF ALL CONFLICTING ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR CODIFICATION AND A SEVERANCE CLAUSE; AND SETTING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION If approved on Second Reading, refer the Ordinance to the Finance and Citywide Projects Committee, to discuss and recommend funding sources for enforcement costs. BACKGROUND Attached please find a copy of an Ordinance for consideration of the City Commission on Second Reading which deals with the subject of mooring or anchoring of vessels within the City limits. The Ordinance was prepared as a result of concerns expressed by residents about water pollution, navigational hazards and visual intrusions associated with vessels that anchor or moor for long periods of time in the waters of the City. The Ordinance regulating anchoring or mooring of vessels within the City limits was discussed at the Neighborhood/Community Affairs Committee meeting on March 29, 2005. The Committee recommended that the Ordinance be forwarded to the City Commission for its review and consideration on First Reading. After First Reading, the Ordinance was discussed at the April 27, 2005 Finance and Citywide Projects Committee meeting. The Committee discussion focused on the costs and expectations for enforcement of the Ordinance and discussed several language amendments. During the Committee discussion it was made clear that the enforcement response, while always seeking compliance could be more flexible than originally anticipated. The Committee indicated that only in required circumstances would towing and storage be necessary rather than in every instance of non-compliance. The costs of enforcement are significantly impacted by this expectation and reflected as such in the revised budget projection. The original estimate for enforcement was $1,128,250 and the revised budget as adjusted for different enforcement is $ 391,500. The Administration was also asked to review other methods of enforcement that might minimize the program costs. This review is also incorporated in the revised budget projection. The Committee also discussed language to better describe the enforcement portion of the Ordinance and most significantly the time limit to be applied to vessels anchoring in City waters. New language relative to violations and penalties is found in section 66-8 (g). In the Committee discussion regarding the mooring and anchoring Ordinance, the Committee members were informed that there is a division in case law as to what constitutes a reasonable definition of the time for which a vessel could be considered in or out of navigation. As the 72 hour standard that was embodied in the Ordinance presented for initial Commission review and consideration was on the more stringent side of those definitions that are used by other municipalities within the State, the Committee has suggested that a seven (7) day standard be applied. The seven (7) day standard is incorporated into the Ordinance. The new time limit for mooring and anchoring is found in section 66-8 (a) (6). ANALYSIS The vessel mooring and anchoring Ordinance establishes a time limit that any vessel may be moored within the waters of the City of Miami Beach. State maritime law allows municipalities only to regulate or to limit the anchoring or mooring of non-live aboard vessels when such vessels are not considered to be in navigation. Technically, in navigation means the time period in which a vessel is moving from one location to another, including any layovers or temporary anchorages in that time. State law also allows municipalities to regulate live aboard vessels, which include vessels used as a primary or legal residence. The attached Ordinance defines and establishes a local time limit for when a vessel is in or not in navigation, and applies that time limit as well to vessels used as a primary or legal residence. The Ordinance limits vessels to a seven (7) day period of time for which it might be anchored within the boundaries of the City in a 30 day period. The Ordinance also incorporates a provision that would allow the City Commission to designate a public anchoring and mooring area subject to rules, regulations and permitting procedures by the City Manager and any other local, state or federal agencies that have jurisdiction. The creation of a designated mooring area was included in the Ordinance in order to provide vessel operators with an alternative in the event they wish to stay anchored in waters in Miami Beach for more than a seven (7) day period. This provision has been discussed as an appropriate amenity in the event that the Ordinance passes. It has also been recognized in Committee that the creation of any designated mooring area would require a through analysis and public involvement process before proceeding. The Ordinance also makes provisions for exceptions to the seven (7) day anchoring limit for a bona fide emergency. Vessels that declare an emergency, which would include weather conditions, are required to notify the City's Marine Patrol upon arrival in the City jurisdictional area and upon correction of the emergency the seven (7) day time limit would then apply. FISCAL IMPACT During the Committee's discussion of this particular Ordinance a concern was expressed and the Committee requested that the potential costs of enforcement be clearly identified for Commission consideration together with the Ordinance. One of the concerns expressed by Committee members as well as citizens present for the discussion item was that if the Ordinance were to be approved the necessary resources should be provided by the City to actually undertake enforcement of the Ordinance in an effective manner. An initial survey of vessels before the first reading of the Ordinance established that there were approximately 85 boats anchored within waters of the City of Miami Beach. Of that number approximately 20 gave the exterior appearance of being lived upon or in some form of navigable capacity, while approximately 65 were clearly not occupied and essentially in storage. A more recent survey has indicated that 82 vessels are anchored in City waters, of which 50 appeared to have persons on board while 32 appeared to be unoccupied. Both surveys were visual and confirmation of occupancy was not attempted by individual inspection. The number of boats currently anchored in the City is lower than normally would be expected in the winter season when the total boat count would increase by an additional 100 to 150 boats, which traditionally anchor within the waters of the City of Miami Beach during that season. In establishing costs associated with enforcement of the mooring Ordinance, some assumptions had to be made relative to the number of vessels that not only would be tracked and or cited but also might be impounded and stored by the City in the enforcement of the Ordinance. The single largest potential expense of the City is boat storage costs associated with enforcement of this Ordinance. Based on Committee discussion, this cost has been revised downward to reflect significantly fewer vessels being towed and stored. For purposes of this evaluation, it has been assumed that approximately 10 boats would need to be impounded and stored by the City of Miami Beach in the initial year of the program. This number represents a much smaller percentage of the established inventory that would be addressed during the course of the year. In subsequent years, it would be anticipated this number would drop further and an assumption of five (5) boats to be towed and stored by the City could be anticipated. The enforcement assumption for the projected budget is that most of the vessels that have persons on board will comply rather than receive a citation or be towed to a holding area. It is also assumed that a large percentage of vessels that are anchored for long periods with no one aboard will also comply when the enforcement procedure and posted notice is placed on the vessel. All efforts will be made to achieve compliance without taking possession of the . vessels. The budget of $120,000 for first year expenses assumes that only 10 vessels are stored for some period of time. The original estimate was for $840,000, assuming different enforcement parameters, which accounts for the largest single change in the budget estimate. single change in the budget estimate. The number of vessels towed and stored may in reality be slightly higher, however a lower number was used expecting some revenue off set for some of the vessels stored. The Police Department Marine Patrol would be the primary enforcement agency for the ordinance if adopted. The current staffing assigned to the Marine Patrol is one sergeant and two police officers. The Marine Patrol operates two vessels and in typical deployment one boat is in service and available for response to calls and to patrol on a seven day a week basis. The principal work of the current Marine Patrol officers is to monitor and control speed, to assist with investigations, burglaries and other crimes which have a water orientation. Under the present deployment with one boat, no backup vessel is available to the Marine Patrol in the event such is needed in the course of an enforcement effort. The Marine Patrol has estimated that in order to enforce the provisions of the Ordinance, two additional full time officers would need to be assigned to the Marine Patrol. The assignment of the two new officers would allow the current contingent of Marine Patrol officers to continue with their current full time duties while the two newly assigned officers would spend full time enforcing the provisions of this Ordinance. The annualized cost of two entry level police officers is approximately $150,000, with the cost of a Police vehicle that would also be provided, the total is $200,000. The Police Department has analyzed other methods of enforcement per the Committee discussion, including the use of mutual aid, overtime assignments and use of reserve officers. The cost, the specialized training necessary for a Marine Patrol Officer and that the enforcement work is necessary on year round basis made each of these options impractical and enforcement efforts inconsistent with the desired pro-active approach requested. The addition of two officers at the cost specified is the most practical manner to pursue enforcement of the Ordinance, if adopted. Violations of the Ordinance are non-criminal infractions that would be heard in County Court. As a Police Department citation, these infractions would not be within the purview of the City Special Master system that is used for a variety of municipal code violations. While a new vessel is not absolutely required to enable the Marine Patrol to provide an enforcement response under this Ordinance, it would improve their abilities and allow greater support to this Ordinance and to ongoing duties already pursued by the members of the Marine Patrol. No vessel purchase is anticipated in the budget estimate at this time. In order to enforce the provisions ofthe Ordinance, much like other regulatory efforts, signage is suggested to advise vessel operators of the mooring regulations enforced by the City of Miami Beach. Only the principal navigational channels that access the waters of the City of Miami Beach, approximately 10 locations, would need to be signed with an estimated cost of sign installation of approximately $20,000.00. A key issue in establishing the signing is that each sign must receive a permit and approval by the Florida Fish and Wildlife Commission in order to be installed by the City. In the event the Florida Fish and Wildlife Commission and or other regulatory agencies such as the Coast Guard had issues or concerns with the Ordinance, or the placements of the City's advisory signs, the signing might not be possible and the expense not incurred. Below is a summary of the annualized cost in the first year and second year of enforcement efforts associated with this Ordinance. Only the principal charges have been described in the narrative while all other charges such as fuel and boat tow charges are also included in the budget workup. First Year First Yr. Second Year Second Yr. Revised OriQinal Revised OriQinal Tow Charges $ 10,000 36,750 5,000 15,750 Vessel Storage 120,000 840,000 60,000 360,000 Signage Installation 20,000 20,000 0 0 Signage Maintenance 10,000 10,000 10,000 10,000 Supplies 10,000 0 10,000 0 Fuel 11,500 11,500 11 ,500 11 ,500 Boat Maintenance 10,000 10,000 10,000 10,000 Personnel 200,000 200,000 212,000 210,000 TOTAL $391,500 1,128,250 318,500 617,250 While the actual budget numbers will fluctuate up or down depending upon actual experience and costs encountered, it would not be anticipated to vary significantly from the number presented in the budget estimate in enforcing the ordinance as presented. As such, as a stand alone program, this is a relatively significant undertaking for the City of Miami Beach in pursuing enforcement at the service level discussed by the Committee members in the consideration of this Ordinance. CONCLUSION The Administration recommends that if adopted on Second Reading, the Ordinance again be referred to the Finance and Citywide Projects Committee to consider funding sources to address the costs identified in the revised enforcement budget. JMG\RCM\sam T:\AGENDA\2005\May1805\Regular\Mooring Ord second read,doc CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ~ - . NOTICE IS HEREBY given t~at pUbli,c h~arings will ~ hel~ by the Mayor ~nd City Commission of the CIty of Miami Beach, Flonda, In the Commission Ct>ambers 3rd floor City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on' Wednl!Sday. May 18. 2005, to consider the following: 1015A,M, . .. An Ordinance Amending Chapter 70 Of The Code Of The City Of MIamI Beach, Er,titled "Miscellaneous Offenses," To Create Article VI, To Be Entiti"lj .Sex Otfenders" And Creating Section 70-400, Entitled "Sex Offender Rc'sldency Pmhibition," Providing For A Prohibition From ~e~ Offe~d~rs Con~'cted Of Crimes Under Certain Florida Statutes From LIVing Within 2500 Feet Of Specified Locations Within The City Of Miami Beach Inquiries may be directed to the City Manager's Office at (305) 673-701 0, I '!):20A,M, An Ordinance Amending The land Development Regulations Of The City, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation," Division 4, "Designation," Section 118-[8~, By Amending The Procedures For Instructions To The Planning ~,epartme~t For Designation Of Historic Structures And The Issuance Of Demolition PermIts Inquiries may be directed to the Planning Department at (305) 673-7550, 10:30 A.M, An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 142 "Zoning Districts And Regulations," By Amending Article IV, "Supplementary District Regulations," By Creating Division 6 "Housing For Low And/Or Moderate Income Eld~rly," Creating Section 142-1181, "Purpose," Section 142-1182 "Definitions," Section 142-1183, "Unit Size,. And Section 142-1184 "Mandatory Criteria;" Amending Division 3, "Residential Multifamily Districts," Subdivision II "RM-l Residential Multifamily Low Intensity," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity,.. Subdivision V, "RM-3 Residential Multifamily, High Intensity," Division 4 "CD-1 Commercial, Low Intensity District," Division 5, "CD-2 Commercial, Medium Intensity District," Division 6, "CD-3 Commercial, High Intensity District," And Division 18, .ps Performance Standard District," By Including References To Division 6, "Housing For Low And/Or Moderate Income Elderly" inquiries may be directed to the Planning Department at (305) 673-7550. 5:20 P.M, An Ordinance Relating To Watercraft; Amending Chapter 66 By Enacting A New Section 66-8 Regulating The Anchoring And Mooring Of Watercraft Within The Boundaries Of The City; Regulating Anchoring Or Mooring For Nonnavigational, live-Aboard, And Other Purposes; Defining NonnavigatlonaJ Purposes And Exceptions, And live-Aboard; Establishing A Penalty For Vio~lion; Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their I!iews In writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139, Copies of these ordinances are available for public inspection during normal business hours in the CitIl Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E, Parcher, City Clerk. City of Miami Beach Pursuant to Section 286.0105, Fla, Stat., the City hereby advises the public that: If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedir.gs i:> made which record incl~des t~e testimony and evidence upon which the appeal is to be based, ThIS notIce does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence nor does it authorize challenges or appeals not otherwise allowed by law, ' !o requ~st this material in accessible format, sign language interpreters, Information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218{TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service): Ad #305 IJl o o '"'l ,..: > <( ~ >- '1 Cl Z ::> Vl u ,i ti:: J: W J: I- C L' U 'jij .... ell .r= ~ ~ ~ ro ~~ I I . j I I I