CAO 01-19 Sea Scooters
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CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
TO:
FROM:
Jorge M. Gonzalez CAO - 01-19
City J.\tlanager _
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Murray H. Dubbin .\;\ "XfllL".
City Attorney NV
October 11, 2001
DA TE:
SUBJECT: YOUR l\1EMORANDUM OF OCTOBER 9, 2001
LEGAL OPINION ON "VHETHER "SEA SCOOTER" IS CONSIDERED
A "WATERCRAFT"
The question posed in the above referenced memo is essentially, what is the nature of a "Sea
Scooter" and whether the same is considered a "watercraft" as defined by the City Code?
In order to assist me in understanding what a "Sea Scooter" is, I have reviewed a brochure
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apparently issued by a company called Sea Scooters.com. I interpret the information contained in
the brochure (copy attached) to describe a device designed for use in the water with adjustable
buoyancy and an electrically powered motor, which can propel a swimmer at speeds of
approximately two to three miles per hour on the water surface or through depths of up to 130 feet
The user grasps the handles on the device which moves the user on top of and under water. The
brochure describes it as a "Water Propulsion Vehicle".
The Miami Beach City Code, Section 82-466 contains the following definitions:
Sec. 82-466. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Watercraft means any contrivance or device used or capable of being used as a means of
transportation on the water. The term shall include but shall not be limited to sun boards, ski
boards, wind surfers, surtboards, sailboats, personal watercraft, mechanically powered
watercraft and water skis.
There are additional definitions for "Mechanically powered watercraft" and "Personal
watercraft" which are instructive, but which do not alter this opinion.
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Section 82-467 defines Restricted Swim Areas, diagrams of which are attached and made
part of the Code. Section 82-468 prohibits the operation of "watercraft" within the defined
swim areas.
Section 82-469 (3) excludes from the above referred to prohibition "Watercraft operated
within a conidor authorized by the city and clearly marked as such by use of buoys or other
markers as approved by the city, the state depanment of natural resources and such federal
agencies whose approval is or may be required by law."
Accordingly, I conclude that "Sea Scooters" clearly fall within the definition of "watercraft" as
defined by the City Code and may not be operated in restricted swim areas, other than as allowed by
Section 82-469 (3).
Your second question is: If so (it is a watercraft), what would be required in order to permit their use
on a permanent basis?
The answer to this is self-evident. Their use would be permitted on a permanent basis on the same
basis that Jet Skis and other watercraft are presently permitted on the beach, which is pursuant to
Section 82-469 (3).
Your next question is: What would be required for a Pilot Program?
In my opinion, if it is the desire of the City to establish a ..Pilot Program", Sea Scooters should only
be allowed where other watercraft are allowed. If, as a matter of policy, the City wishes to exclude
Sea Scooters from the definition of watercraft, then an amendment should be made to the existing
City Code to specifically do so.
At this time, City law would not allow a Pilot Program, except within authorized conidors pursuant
to Section 82-469.
MHD:lm
Enc!.
cc: Commissioner Luis Garcia
Christina M. Cuervo, Assistant City Manager
Joe Damien, Asset Manager