Ordinance 2024-4669ORDINANCE NO.2024-4669
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 Ill,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,"TO MODIFY THE
PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT
PUBLICLY-OWNED MARINAS AND MARINE FACILITIES;AND AMENDING
CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,
ENTITLED "MARINE STRUCTURES,FACILITIES AND VESSELS,"BY
AMENDING ARTICLE Ill,ENTITLED "PIERS,DOCKS,AND BOAT RAMPS,"
BY AMENDING SECTION 66-116 THEREOF,ENTITLED "COMMERCIAL
VESSEL HOURS OF OPERATION AT PRIVATE MARINAS AND PRIVATE
MARINE FACILITIES,"TO MODIFY THE PROHIBITED HOURS OF
DEPARTURE FOR COMMERCIAL VESSELS AT PRIVATELY-OWNED
MARINAS AND 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 approved Ordinance No.
2023-4550,that is codified in Section 82-72 of the City Code,which limits 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 limits 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,the complaints and issues emanating from public and private marinas and
marine facilities have been greatly reduced since Ordinance No.2023-4550 and Ordinance No.
2024-4596 went into effect;and
WHEREAS,the City nonetheless has still experienced issues involving disturbances,
noise,and arrests for illegal conduct,due to commercial vessel nighttime departures;and
WHEREAS,the Mayor and City Commission desire to adopt the following regulations in
the City Code of Laws and Ordinances in order to address the concerns surrounding the nighttime
departure of commercial vessels,which are necessary for the protection of City residents'quality
of life,and which are consistent with,and further,the public health,safety and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Sections 82-72 and 66-116 of the City Code shall be amended as follows:
CHAPTER 82
PUBLIC PROPERTY
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ARTICLE Ill.USE OF PUBLIC PROPERTY
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DIVISION 1.GENERALLY
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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:
(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
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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 provisions of this chapter shall apply to rowboats,canoes,
sailboats,except as otherwise expressly provided.The term shall not 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 not include canoes,rowboats or lifeboats.
(b)Prohibitions.Commercial vessels shall be prohibited from departing each day from 7:00 p.m.
until 7:00 a.m.the following day.All other commercial vessel activity shall be prohibited at
public marinas and public marine facilities each day from 9:00 p.m.until 7:00 a.m.,the
following day.Such prohibition shall include,but not be limited to,operating a commercial
vessel,the queueing,embarkation or disembarkation of passengers,and the loading or
unloading of any food,goods,equipment,fuel or supplies.
Notwithstanding the foregoing,all pleasure vessels,along with commercial fishing vessels,
commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours 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)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 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;
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b.If the violation is the second violation within the preceding six months,person or
business shall receive a civil fine of $1,000.00;
c.If the violation is the third violation within the preceding six months,a person or
business shall receive a civil fine of $2,000.00;and
d.If the violation is the fourth or subsequent violation within the preceding six months,a
person or business shall receive a civil fine of $5,000.00,and any city-issued
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 property,but shall not be
deemed to be a court judgment except for enforcement purposes.On or after the 61 st
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.
k k¢
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*
CHAPTER 66
MARINE STRUCTURES,FACILITIES AND VESSELS
k *k
ARTICLE Ill.PIERS,DOCKS,AND BOAT RAMPS
*k *
Sec.66-116.Commercial vessel activity hours of operation at private marinas and private
marine facilities.
(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:
Private marina means any privately-owned or operated,for-profit,dock or installation that
provides accommodations or facilities for any watercraft,including mooring,docking,storing,
leasing,sale,or servicing of watercraft,located within the city.
Private 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.
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:
(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 not 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 not include canoes.
rowboats or lifeboats.
(b)Prohibitions.Commercial vessels shall be prohibited from departing each day from 7:00 p.m.
until 7:00 a.m.the following day.All other commercial vessel activity shall be prohibited at
private marinas and private marine facilities each day from 9:00 p.m.until 7:00 a.m.the
following day.Such prohibition shall include,but not be limited to,operating a commercial
5
vessel;the queueing,embarkation or disembarkation of passengers;and the loading or
unloading of any food,goods,equipment,fuel or supplies.
Notwithstanding the foregoing,all pleasure vessels-,along with commercial fishing vessels,
commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours shall
be exempt from the requirements of this section.
This section shall not be construed as to prohibit private marinas and private marine facilities from
providing or utilizing core marina functions including,but not limited to,utilities,dockage,storage,
and other services typically provided by a marina.
This section shall not apply to public marinas and public marine facilities which are governed by
section 82-72 of the city Code.
(c)Civil penalties.The code compliance department and police department shall enforce this
section;however,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
paying the fine,that the violation may be appealed by requesting an administrative
hearing before a special magistrate within ten days after service 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;
b.If the violation is the second violation within the preceding six months,person or
business shall receive a civil fine of $1,000.00;
c.If the violation is the third violation within the preceding six months,a person or
business shall receive a civil fine of $2,000.00;and
d.If the violation is the fourth or subsequent violation within the preceding six months,
a person or business shall receive a civil fine of $5,000.00,and any city-issued
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.
6
(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 property,but shall not be
deemed to be a court judgment except for enforcement purposes.On or after the 61 st
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.
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SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect on loutvu be 3o,202(_.
PASSED and ADOPTED this 2@ day of ovembe-,2024.
ATTEST:
7l
Rafael E.Granado
City Clerk
NO 2 2 2024
8
Steven Meiner
Mayor
APPROVED AS TO
FORM &LANGUAGE
&+2 &EXECUTION
)(o24
Date
(Sponsored by Commissioner David Suarez)
Underline denotes additions.
Strikethrough denotes deletions.
O rdinances -R5 S
M IA M I BEA CH
COMMISSION MEMORA NDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:November 20,2024 10:50 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 Ill,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,"TO MODIFY THE PROHIBITED HOURS OF
DEPARTURE FOR COMMERCIAL VESSELS AT PUBLICLY-OWNED MARINAS
AND MARINE FACILITIES;AND AMENDING CHAPTER 66 OF THE CODE OF THE
CITY OF MIAMI BEACH,FLORIDA,ENTITLED "MARINE STRUCTURES,
FACILITIES AND VESSELS,"BY AMENDING ARTICLE Ill,ENTITLED "PIERS,
DOCKS,AND BOAT RAMPS,"BY AMENDING SECTION 66-116 THEREOF,
ENTITLED "COMMERCIAL VESSEL HOURS OF OPERATION AT PRIVATE
MARINAS AND PRIVATE MARINE FACILITIES,"TO MODIFY THE PROHIBITED
HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PRIVATELY-OWNED
MARINAS AND MARINE FACILITIES;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECO MMENDATIO N
BACKG RO UND/HISTO RY
ANA LYSIS
The proposed Ordinance was approved on first reading.No changes have been made between
first and second reading.
Due to the significant increase in commercial vessel activity the City has experienced in the last
several years,particularly since the COVID-19 pandemic,there have been 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.
As a result,the Mayor and City Commission adopted Ordinance Nos.2023-4550 and 2024-4596
(the "Ordinances"),which limit commercial vessel activity at public marinas and marine facilities,
and private marinas and marine facilities,respectively,each day from 9 p.m.until 7 a.m.the
following day.
While many of the complaints and issues emanating from public and private marinas and marine
facilities have been greatly reduced since the Ordinances were enacted,the City nonetheless still
experiences some issues involving disturbances,noise,and arrests for illegal conduct,due to
nighttime commercial vessel departures.
Therefore,in an attempt to ameliorate these issues,the proposed Ordinance would prohibitPage9110f1993
commercial vessels from departing any public or private marina or marine facility from 7:00 p.m.
until 7:00 a.m.the following day,with an exception provided for commercial fishing vessels,
commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours.
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 10/11/2024.
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Click or tap here to enter text.
Applicable Area
Citywide
ls_this_a"Residents _Right to_Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
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):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
10:50 a.m.2nd Rdg,Ch.82,Prohibit Hours of Departure for Commercial Vessels.(Suarez)CA
Page 912 of 1993