Ordinance 75-2050 ORDINANCE NO. 75-2050
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, TO BE
KNOWN AS THE CITY OF MIAMI BEACH MARINE
ORDINANCE; PROVIDING ADMINISTRATION AND
ENFORCEMENT OF THE MARINE ORDINANCE; PRO-
VIDING REGULATIONS CONCERNING PLEASURE AND
COMMERCIAL VESSELS IN THE CITY OF MIAMI
BEACH TOGETHER WITH PROVISIONS FOR THE
LICENSING AND EXAMINATION OF COMMERCIAL
VESSELS AND CHARTER BOATS ; PROVIDING
REGULATIONS CONCERNING PIERS, DOCKS, AND
PUBLIC AND PRIVATE BOAT RAMPS ; PROVIDING
REQUIREMENTS FOR HOUSEBARGES ; PROVIDING
REQUIREMENTS AND REGULATIONS FOR REGATTAS
AND BOAT RACES IN THE CITY OF MIAMI BEACH;
PROVIDING REGULATIONS CONCERNING VESSELS
ABANDONED ON PUBLIC AND PRIVATE PROPERTY
AND THEIR SALE; PROVIDING FOR THE REGULA-
TION OF MARINAS AND MARINE FACILITIES IN
THE CITY OF MIAMI BEACH; PROVIDING SEVERA-
BILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN
CODE AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA :
SECTION 1 : That Chapter 7 of the Code of the City of Miami Beach
be and the same is hereby amended to read as follows :
Article I . In General.
Sec. 7-1. Short Title.
This Chapter shall be known and may be cited as the "City of
Miami Beach Marine Ordinance" .
Sec. 7-2 . Findings of Council.
The City Council hereby finds and declares that it is the
policy of the City of Miami Beach to promote safety for persons
and property in and connected with the operation and equipment
of vessels in the City of Miami Beach;to promote standards and
the regulation of all waterways in the City of Miami Beach,
marine facilities, marinas, charter craft, sightseeing craft,
excursion boats, commercial craft, docks, piers, skiing, water
sports, regattas, marine sewage, marine pollution, marine sewage
disposal facilities, boat regulation and licensing, licensing
of all marinas, marine facilities ; to establish a marine auth-
ority which would set guidelines and regulate the use of all
the waterways of the City of Miami Beach and all provisions of
this Chapter and to have said marine authority hear appeals,
and to promote uniformity of laws relating thereto. The City
Council further finds that there are presently conditions exist-
ing in the City of Miami Beach as to unregistered and dangerous
vessels, marine facilities, marinas, docks, piers, and sewage
facilities kept in such a manner as to constitute a hazard to
navigation, life and property and pollution of the waterways
within the municipal limits of the City of Miami Beach. It is
further found and declared that the existence of such con-
ditions and factors, if not remedied, will create obstructions
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 a
to navigation, hazard to life and property, and that any
area within the City where these conditions exist will exper-
ience a deterioration of water quality, a curtailment of in-
vestment, and tax revenues and impairment of economic values,
social values, as well as the aesthetic beauty and life style
characteristic of the City of Miami Beach. It is further found
and declared that the establishment and maintenance of a marine
ordinance together with the establishment of a Marine Authority
are essential to the prevention of navigational obstruction, de-
cay and pollution on and in the waterways of the City of Miami
Beach and the safeguard of public health, safety, morals and
welfare of the citizens of the City of Miami Beach.
Sec, 7-3 . Purpose of Chapter.
The intent and purpose of this Chapter is necessary to promote
and attain:
(1) The full use and enjoyment of the waters of the
City of Miami Beach.
(2) The safety of persons and the protection of prop-
erty as related to the use of the waters .
(3) A uniformity of laws and regulations regarding the
use of the waters.
(4) Conformity with and implementation of state and
federal laws and requirements .
It is further the intent and purpose of this Chapter to protect
the public health, safety, morals and welfare of all the people
of the City by establishing minimum standards governing the con-
dition, occupancy and maintenance of all waterways, vessels, and
marine facilities in the City and establishing minimum standards
governing the waterways, vessels, and marine facilities in the
City and other physical components and conditions essential to
make such waterways, vessels and marine facilities safe, sanitary
and fit to be used and occupied. This Chapter fixes certain re-
sponsibilities and duties for the owners, operators, agents and
occupants of any real property, vessel, or marine facility in the
City. This Chapter establishes procedures for the inspection of
such and the condemnation and vacation of those vessels or marine
facilities found unsafe and further fixes penalties for the vio-
lations of the provisions of this Chapter. This Chapter is here-
by declared to be remedial and essential to the public interest,
and it is intended that this Chapter be liberally construed to
effectuate the purposes as stated above.
Sec. 7-4. Applicability of Chapter; conflict with other laws,
codes or regulations .
The provisions of this Chapter shall be applicable as the min-
imum marine standards in the City. Every vessel, marine facil-
ity, or marina shall comply with the provisions of this Chapter,
irrespective of when such shall have been constructed, altered
or repaired, and irrespective of any permits or licenses which
shall have been issued for the use or alteration or repair of
occupancy of any vessel, marine facility or marina, on or prior
to the effective date of this Chapter. This Chapter is intended
and shall be construed as establishing retrospective minimum
standards for all vessels, watercraft, docks, piers, bulkheads,
marine facilities and marinas presently existing in the City of
Miami Beach. This Chapter is not intended to replace, modify,
supersede or diminish or conflict with any standard established
for the construction or repair or alteration of any vessel estab-
lished by the State of Florida or the Government of the United
States of America and their agencies . In any case where any
provision of this Chapter is found to be in, conflict with a
material and controlling provision of the Comprehensive Zoning
- 2 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 S
Ordinance of the City of Miami Beach, the Comprehensive Zoning
Ordinance of the City of Miami Beach shall prevail. In any
case where any provision of this Chapter is found to be in
conflict with a material and controlling provision of a
statute or regulation established by the State of Florida,
Metropolitan Dade County, the City of Miami Beach, or the
Federal Government, the statute or regulation which establishes
the highest standard shall prevail. All municipal departments,
officials and employees who have the duty, responsibility or
authority to issue permits or licenses regarding the use and
occupancy of vessels, marine facilities or marinas shall con-
form to the provisions of this Chapter, as a minimum standard.
It shall be the duty and responsibility of municipal depart-
ments, officials and employees to enforce the minimum standards
prescribed by the provisions of this Chapter.
Sec. 7-5. Existing remedies preserved.
Nothing in this Chapter shall be deemed to abolish or impair
any existing remedies relating to the removal or demolition
of any vessel or marine facility which are deemed to be dan-
gerous, unsafe or unsanitary. This Chapter shall not affect
violations of any other municipal ordinance, code or regula-
tion existing prior to the effective date of this Chapter,
and such violations may continue to be punished to the full
extent of the law under the provisions of those ordinances,
codes or regulations in effect at the time the violation was
committed.
Sec. 7-6. Definitions .
The following definitions apply to all articles contained in
this Chapter except where otherwise indicated. All terms shall
be construed liberally. The following definitions when in con-
flict shall supercede and modify the definitions contained in
Florida Statute, Chapter 371.
Approved. Approved by the Marine Authority or its auth-
orized representatives .
Board. This term shall be synonymous with the Marine
Authority.
Boat livery. The business of holding out vessels for
rent, lease, or charter.
City. The City of Miami Beach as defined under its charter,
ordinances and related laws .
Code enforcement officer. Marine inspector and assistants.
Enforcing agency. The City of Miami Beach Marine Authority
and the Marine Inspector.
Federal laws and regulations . All statutes, rules, and
regulations, and other laws of the United States, which may be
applicable to any and all subject matters of this Chapter and to
the rules and regulations adopted and promulgated pursuant to
this Chapter.
Finance Director. The City of Miami Beach Finance Director
and his assistants.
Garbage. Any waste or refuse of all types, compositions
and description not including sewage.
- 3 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
Head of enforcement agency. The Chairman of the Miami
Beach Marine Authority.
Housebarge. A residence floating on water, usually per-
manently moored, which is not manufactured with a system of
propulsion.
Length. The measurement of a vessel from end to end
over the deck.
Live bait receivers. A live bait receiver is an object
for confining live bait which is afloat in the waters of the
City harbor or the ocean, either moored to a pier, bulkhead
or seawall, or moored by means of an anchor or other weight
to the bottom of the harbor or ocean; provided, however, that
a live bait receiver shall not be deemed to be a premise with-
in the meaning of this ordinance.
Marina. Any installation operated for profit which ex-
clusively provides any accommodations or facilities for water-
craft, including mooring, docking, storing, leasing, sale or
servicing of watercraft, located in the waters of the City.
Marine facility. Any device, structure, building or
component part of a marina.
Marine Inspector. Code Enforcement Officer and assistants.
Mooring. Any appliance used to secure a vessel to a dock
or pier, which may or may not be carried aboard such vessel as
regular equipment when under way. Also the attaching of a ves-
sel to a permanent or floating structure or other vessel.
Passengers for hire. The carriage of any person or persons
by a vessel for a valuable consideration, whether direct or in-
direct, flowing to the owner, charterer, operator, agent, or any
other person interested in the vessel.
Occupant. Any person using or having actual possession of
any vessel, marina, or marine facility.
Occupied. Any vessel, marina, or marine facility used or
intended to be used by persons.
Operate. To navigate or otherwise use a vessel on or in
the waters of the City.
Operator. Any person who has charge, care or control of a
vessel, marina, or marine facility.
Owner. Any person, firm, corporation, or other legal entity,
who individually or jointly or severally with another, holds the
legal or beneficial title to any vessel, marina, marine facility,
equipment or premises subject to the provisions of this Chapter.
The terms shall include the owner' s duly authorized agent, a
purchaser, devisee, fiduciary, property holder or any other per-
son, firm, corporation or legal entity having a vested or con-
tingent interest or in the case of a leased premises, the legal holder
of the lease, or his legal representative. It is intended that
this term shall be construed as applicable to the person, firm,
corporation, or legal entity responsible for the construction,
maintenance and operation of the vessel, marina, marine facility
or premise involved.
Person. Individuals, children, firms, associations, joint
ventures, partnerships, estates, trusts, business trusts, syndi-
cates, fiduciaries, corporation and all other groups or combin-
ations .
- 4 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 1
Pier. Any fixed or floating structure for securing vessels,
loading or unloading persons or property or providing access to
the water, and including any wharf, dock, float, or any other
loading facility.
Premises . 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 of Miami Beach.
Sewage. All human body wastes.
Vessel. Includes every description of watercraft used or
capable of being used as a means of transportation on water.
Vessel shall mean any watercraft and all vessels shall belong
to one of the following classes :
(1) Commercial vessel - shall mean and include every
vessel which is used or operated for commercial purposes on
the navigable waters of the City; that is either carrying
passengers, carrying freight, towing, or for any other use;
for which a compensation is received, either directly or where
provided as an accomodation, advantage, facility or privilege
at any place or public accommodation, resort or amusement .
(2) Pleasure vessel -- shall mean and include every vessel
not within the classification of commercial vessel. The pro-
visions of this Chapter shall apply to rowboats, canoes, sail-
boats, except as otherwise expressly provided.
(3) Vessel - as used in this Chapter shall not include a
crew racing shell. "Crew racing shell" shall mean any shell,
gig, barge, or other boat designed primarily for the practice or
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 . The term
vessel and boat are interchangeable for the purpose of this
Chapter.
Watercraft. Any contrivance used or capable of being used
for navigation upon water whether or not capable of self-propul-
sion.
Waterways . All waters within the City boundaries included
in its Charter, as defined by state law, the Florida Constitution,
and the Federal Constitution and Acts of Congress .
Zoning ordinance. The comprehensive zoning ordinance of
the City of Miami Beach.
Whenever the words "vessel", "marine facility", "boat", "marina "
"pier", "dock", "wharf", or any other terms used in this Chapter
are expressed in any article herein, they shall be construed as
though they were followed by the words "or any part thereof" .
Article II . Administration and Enforcement.
Sec. 7-7. Code enforcement officer--Marine Authority designated;
assistants .
The office and position of code enforcement officer is hereby
designated to be the Marine Inspector. The City Manager shall
appoint such assistants to the inspector as may be necessary in
- 5 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
order that his duties may be properly performed, subject to
budget limitations . The organization and administrative oper-
ating procedures of such city office and its relationship and
coordination with other administrative departments, agencies,
officials and employees of the city government shall be es-
tablished and placed in effect, from time to time, by admin-
istrative order of the Marine Authority with the approval of
the City Manager.
Sec. 7-8. Same--Powers and duties generally.
The duties, functions, powers and responsibilities of the Marine
Inspector shall include the following :
(1) The enforcement of the provisions of this Chapter and
rules and regulations promulgated hereunder and all applicable
City ordinances and codes, state and federal codes, rules and
regulations pertaining to waterways, vessels and marine facilities.
(2) Investigate complaints, make a continuing study of all
City waterways, vessels and marine facilities in the City, in-
stitute actions necessary to abate violations of all City, state
and federal regulations governing the use of such waterways,
vessels and marine facilities and prosecute proceedings for
violations of this Chapter.
(3) Make appropriate surveys and inspections to determine
whether the provisions of this Chapter are being complied with,
and whether minimum standards are being maintained.
(4) Make inspections of all waterways, vessels and marine
facilities in accordance with procedures prescribed in this
Chapter to determine whether the provisions of this Chapter are
being complied with and make recommendations for methods by which
minimum standards may be more effectively maintained.
(5) Render all possible assistance and technical advice to
persons operating and maintaining any vessel or marine facility.
(6) Establish, operate and maintain a continuous program
for monitoring and inspection of waterways, vessels and marine
facilities in the City of Miami Beach, designed to provide accu-
rate data and information as to whether the minimum standards
established by this Chapter are being complied with and whether
the level of adequate vessels and marine facilities is increas-
ing or decreasing in the City.
(7) Publish and disseminate information to the public con-
cerning all matters relating to minimum boating and marine facil-
ity standards and the advantages of such adequate vessels and
facilities.
(8) Render all possible assistance and cooperation to fed-
eral, state and local agencies and officials in the accomplishment
of effective minimum standards and controls .
(9) Make periodic reports concerning the status of minimum
standards and the enforcement of the provisions of this Chapter,
and recommendations concerning the improvement of minimum stand-
ards and controls .
(10) Performs such other administrative duties as may be
assigned by the Marine Authority.
Sec. 7-9. Same--Identification.
The code enforcement officer and all members of the Marine Auth-
ority shall be furnished with official identification cards
signed by the Chairman of the Marine Authority, which identific-
ation cards shall contain the name of the person, his photograph,
pertinent descriptive identifying information and such other
matters designed to facilitate recognition by the public of
the status of such person. Upon request, the code enforcement
officer and Marine Authority shall exhibit such identification
when entering any vessel or marine facility,. The requirements
- 6 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
of this section shall not in any way be construed as relieving
the code enforcement officer or Marine Authority from compliance
with the procedures prescribed in this Chapter for making in-
spection.
Sec. 7-10. Same--Records; duty to make record searches and
issue summons thereon.
All records of the code enforcement officer shall be public.
Upon request, the code enforcement officer shall be required
to make a search of the records maintained under his super-
vision and control. The records shall include the issuance
of summonses concerning violations of this Chapter, whether
the vessel or marine facility involved has been inspected and
whether or not any violations have been found to exist in
respect thereto. The code enforcement officer shall have the
power and authority to charge and collect reasonable fees for
making such record searches and certificates.
Sec. 7-11. Same--Inspection of vessels and marine facilities .
The code enforcement officer and the members of the Marine
Authority are hereby authorized and directed to make inspec-
tions to determine the condition of all vessels and marine
facilities . For the purpose of making such inspections, the
inspecting officers of the enforcing agency and Marine Author-
ity are hereby authorized to enter, examine and survey between
the hours of 9:00 a.m. and 5 :00 p.m. all vessels or any marine
facility. The owner, operator or occupant of every vessel or
marine facility, or the person in charge thereof, shall give
the inspecting officer free access at all reasonable times for
the purpose of such inspection, examination and survey, and
shall supply as correctly and promptly as possible all infor-
mation requested by the inspecting officer. Every operator
or occupant of any vessel or marine facility shall give the
owner thereof, or his agent or employees, access to any part
of such building or its premises at all reasonable times for
the purpose of making such repairs or alterations as are neces-
sary to effect compliance with the provisions of this Chapter
or with any rule, regulation or lawful order issued pursuant
to the provisions of this Chapter. Failure to permit an in-
spection to be made in compliance with the provisions of this
section shall constitute a violation of this Chapter and shall
subject the violator to the penalties prescribed herein.
Sec. 7-12 . Same--Designation of vessels, or marinas, etc. ,
unfit for operation or occupancy; placarding
of unfit vessels or marinas; condemnation of
unfit vessels or marinas .
The designation of vessels and marinas as unfit for operation
or occupancy and the procedure for condemnation and placarding
as unfit for operation or occupancy, or such unfit vessels or
marinas, shall be carried out in compliance with the following
requirements :
(1) Any vessel or marina which shall be found to have any
of the following defects shall be designated by the enforcement
officer as unfit for operation or occupancy and shall be so
placarded:
(a) One which is so damaged, decayed, dilapidated,
or vermin-infested that it creates a hazard to the health or
safety of the occupants or of the public.
- 7 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 a
(b) One which lacks equipment deemed necessary
by the U.S. Coast Guard to protect the health or safety of
the occupants or of the public.
(2) Any vessel or marina declared unfit for operation
or occupancy by the enforcing agency shall be so designated by
posting a placard in a conspicuous place on the structure.
(3) A vessel or marina condemned and placarded as unfit
for operation or occupancy shall be vacated within thirty (30)
days as ordered by the enforcing agency and shall not be used
for operation or occupancy again until written approval is
secured from, and the placard removed by, the enforcing agency.
The enforcing agency shall order the removal of the placard
whenever the defect or defects upon which the condemnation
and placarding actions were based, have been eliminated.
(4) No person shall deface or remove the placard from
any vessel or marina which has been condemned as unfit for
operation or occupancy and placarded as such except as pro-
vided in subsection 3 of this section.
(5) Any person whose property has been placarded as
unfit for operation or occupancy may request and shall be
granted a hearing on the matter before the Marine Authority.
Sec. 7-13. Same--Issuance of notice of violation.
Whenever the code enforcement officer finds and determines
that there has been a violation of the minimum standards es-
tablished by this Chapter, he shall give notice of such vio-
lation to the person or persons responsible for such violation.
Such notice shall be in writing and in the form approved by
the Marine Authority and shall specify the violation. Such
notice shall be served upon the person or persons responsible
for the violation if a copy is served personally or served by
certified mail or if, after diligent search and inquiry, the
person or persons responsible for the violation cannot be
found or served by personal service or certified mail a copy
of the notice is posted in a conspicuous place on the dock,
pier, vessel or premises involved. Such notice shall specify
that the violation must be corrected within thirty(30) days, and
that final compliance must conform to the requirements of this
Chapter and any other applicable ordinances of the City. Such
notice may contain an outline of the remedial action which, if
taken, will constitute compliance with the requirements of this
Chapter. Such notice shall inform the person or persons to
whom it is directed of the right to apply to the Marine Auth-
ority for a hearing and review of the matters specified in
the notice in the manner hereinafter prescribed. The code
enforcement officer is hereby empowered to record a copy of all
notices of violation in the public records of the county. The
cost or fee for the recording of such notice of violation and
of recording a certificate of compliance shall be thereafter
chargeable to the owner of the premises involved, or the person
responsible for such violation.
Sec. 7-14. Same--Power to act in emergencies; emergency order.
For the purpose hereof, an emergency is defined to mean a con-
dition, in or on, vessels or marine facilities resulting in
immediate peril or threat to navigation or health, safety or
general welfare of the operator or occupant of the vessel or
marine facility in question or to the generalpublic. Whenever
the code enforcement officer finds that a violation of the
- g -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 i
provisions of this Chapter exists which is an emergency and
requires immediate action to abate a direct and continuing
hazard, or immediate danger to navigation or the health,
safety or welfare of the operator or occupants or the public,
such officer shall give notice of the emergency by posting or
personal service, designated as such, citing the violation
and directing that such action be taken immediately as may be
necessary under the terms of this Chapter to remove or abate
the hazard of danger. Immediate action as set forth herein ,
shall be mandatory in regard to defective or inoperative
equipment in vessels or marine facilities, including but not
limited to the following: Individual engine units , sewage
disposal units , toilets, broken steering mechanisms , garbage
in waterways of sufficient amount to pose a hazard to navi-
gation, (including the disposal of beer cans, soda or like
bottles and cans in any City Waterway) . Notwithstanding any
other provisions of this Chapter, such emergency order shall
be effective immediately or as otherwise provided .
Sec . 7-15 . Same--Appeals from actions or decision .
Any person aggrieved by any action or decision of the code
enforcement officer may appeal to the Marine Authority, within
ten days, after receipt of ,the notice of violation or within
twenty-four hours in cases of emergency orders, a written
notice of appeal shall set forth concisely the action or deci-
sion appealed from and the reasons or grounds for the appeal.
The Marine Authority shall set such appeal for hearing on the
very next agenda following such notice of appeal, and cause
notice thereof to be given to the person aggrieved and the
code enforcement officer. The Marine Authority shall hear
and consider all facts material to the appeal and render a
decision promptly. The Marine Authority may affirm, reverse
or modify the action or decision appealed from; provided that
the Marine Authority shall not take any action which nullifies
any of the provisions of this Chapter. The decision of the
Marine Authority shall be final, and no rehearing or recon-
sideration shall be considered.
Sec. 7-16. When notice of violation or emergency order
constitutes final order.
Any notice of violation provided for in Section 7-13 shall auto-
matically become a final order in the event that no appeal from
the notice of violation is filed with the Marine Authority within
thirty days after the date of service of the notice of violation ,
other than emergency orders, as set forth in Section 7-14 . Any
emergency order provided for in Section 7-14 shall automatically
become a final order in the event that no appeal from the emer-
gency order is filed with the Marine Authority within twenty-
four hours after the date of service of the emergency order.
Sec . 7-17 . Marine Authority--created; composition .
The City Marine Authority is hereby created and established. The
Marine Authority shall consist of five (5) members appointed by
the City Manager with the approval of the City Council.
Sec . 7-18. Same--Appointment and qualifications of members .
Members of the Marine Authority shall have resided in the City
for more than one year preceding their appointment and be of good.
reputation and standing in the community. Appointments shall
consist of individuals who have had previous experience in the
operation of or inspection of either marine vessels or marine
- 9 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
facilities including experience in various types of boat acti-
vities, including fishing in the waterways of the City. The
members of the Marine Authority shall have the right and duty
to consult with any member of the City administration for
technical or other information pertaining to the matters before
them.
Sec . 7-19. Same--Terms of office of members, filling of vacancies .
All appointments shall be for a term of two years . Appointments
to fill any vacancy on the Board shall be for the remainder of
the unexpired term.
Sec . 7-20 . Same--Officers ; compensation of members , quorum;
meetings ; personnel to be provided by City Manager.
The members of the Marine Authority shall elect a chairman and
vice chairman and such other officers as may be deemed necessary
or desirable, who shall serve at the will of the Board. Three
members of the Board shall constitute a quorum necessary to hold
a meeting or take any action. A majority vote of those present
at a duly constituted meeting shall be sufficient for any other
actions . Members shall serve without compensation, but shall be
entitled to be reimbursed for necessary expenses incurred in the
performance of their official duties, upon approval by the City
Council . The chairman shall call at least two (2) meetings of
the Board per month and further meetings may be called. If the
Board has not been notified by any applicant to take an appeal
before the Board, the Chairman of the Board shall have the right
to cancel the required meetings per month upon acceptance of
three-fifths of the Board. Minutes shall be kept of all meetings
of the Board . All meetings shall be public. The City Manager
shall provide adequate and competent clerical and administrative
personnel as may be reasonably required by the Board for the prop-
er performance of its duties, subject to budget limitations .
The City Manager shall provide a regular meeting place for the
Board.
Sec . 7-21. Same--Powers and duties generally.
The Marine Authority shall have the following duties, functions ,
powers and responsibilities :
(a) Hear and determine appeals from actions anddecisions
of the code enforcement officer in accordance with the provisions
of this Chapter .
(b) The Board shall have the power and authority to hear
andpass upon all applications for extension of time for compli-
ance with the provisions of this ordinance, and notices issued by
the code enforcement officer . Applications for extension of time
for compliance shall be considered and determined on the basis of
the public interest andwelfare and not merely on economic benefit
to the applicant, economic hardship may be considered, applica-
tions shall be granted only when it is established that the
requested extension of time for compliance will not be detrimental
to the occupant, owner, operator, or to the public health, safety
and welfare.
(c) The Board shall have the power and authority to hear
and pass upon applications for variances or waivers of the provi-
sions of this ordinance. Such applications shall be granted only
in instances where the deviations from the minimum standards here-
in provided are of a minor character, or in case of hardship, and
it appears that substantial compliance with the minimum standards
has been made by the applicant, and that the granting of a variance
or waiver wouldnot be detrimental to the occupants, owner, oper-
ator, or to the public health, safety and welfare.
- 10 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(d) to adopt, revise and amend from time to time approp-
riate rules and regulations reasonably necessary for the imple-
mentation, effective enforcement, administration, and interpre-
tation of the provisions of this ordinance and the minimum stan-
dards prescribed herein, and to provide for the effective and
continuing establishment and enforcement of reasonable minimum
standards within the framework of the Chapter. No such rules and
regulations shall be adopted or become effective (including amend-
ments) until after a public hearing has been held by the Board pur-
suant to notice published at least ten (10) days prior to the hear-
ing, and until such rules and regulations have been approved by
the City Council. When approved by the City Council, such rules
and regulations shall have the force and effect of law.
(e) To make continuing studies and periodic reports and
recommendations for the improvement of minimum standards for the
City of Miami Beach and to work in cooperation with all Federal,
State and local agencies interested in marine standards and clean
and clear waterways. To publicize the importance of adequate min-
imum standards, to hold and conduct public hearings, discussions,
forums and institutes, to arrange programs for the presentation of
information by experts in related fields and to visit and study
marine programs conducted in other metropolitan areas.
Sec. 7-22 . Penalty for violation of Chapter; remedial enforcement
procedures.
It shall be unlawful for any person to fail to comply with the
minimum standards established by this Chapter, or to fail or re-
fuse to comply with the requirements of any final order issued in
accordance with the provisions of this Chapter. If any person
shall knowingly fail or refuse to obey or comply with, or will-
fully violate any of the provisions of this Chapter, or any law-
ful final order issued hereunder, such person, upon conviction of
such offense, shall be punished by a fine not to exceed One Thous-
and (1, 000) Dollars or sixty (60) days in the City jail, or both
at the discretion of the court. Each day of continued violation
shall be considered as a separate offense, however, the imprison-
ment provision of this section shall not be applicable to more
than one violation which is a recurring or continuing violation
on consecutive dates. The provisions of this Chapter, and final
orders issued in accordance with the provisions of this Chapter,
may be enforced by mandatory injunction or other appropriate civil
action including one for damage.
As a cumulative and supplemental method of enforcing the remedial
purposes of this Chapter, the code enforcement officer is author-
ized, empowered and directed, in the event an owner or operator
willfully or intentionally fails or refuses to obey or comply
with the requirements of any final order issued in accordance
with the provisions of this Chapter ten (10) days after date of
receipt of such notice, to carry out or cause to be carried out
the provisions of such final order, by taking bids and having the
necessary work completed. Bids may be requested by the code en-
forcement officer for the work and material as a whole or for any
part thereof, separately. The code enforcement officer shall fol-
low the procedure outlined in the Miami Beach City Code and when
applicable the code enforcement officer shall have the right to
reject any or all bids, and if all bids are rejected, the enforce-
ment officer may readvertise for all or part of such work and
materials, or may determine to do all or a part of the work by
city forces . After compliance has been obtained, the code en-
forcement officer shall prepare an appropriate claim of lien
against the owner, operator or property as required under the
applicable law. Such claim of lien, filed of records as required,
shall be dischargeable upon payment thereof in the same manner as
other claims of lien of like type are discharged and satisfied.
Emergencies as defined in 7-14 herein shall not be subject to the
ten day notice provision contained herein. The code enforcement
officer may instruct the City to deploy its, work force in an
- 11 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
'v.
emergency as defined in 7-14 so as to immediately remedy the
emergency condition. Such emergency work and materials shall
be a lien against the owner, operator or property involved and
shall subject them to the same claim of lien procedures set
forth herein.
Sec. 7-23. Review of final actions or decisions by circuit court.
Any person jointly or severally aggrieved by any final action
taken or final decision rendered by the marine authority, pur-
suant to the provisions of this Chapter, may seek to have such
action or decision reviewed by the circuit court of the county
by petition for certiorari in the manner prescribed by the rules
of court; provided that such person shall have first exhausted
the administrative remedies provided for in this Chapter.
Article III . Vessels (Pleasure and Commercial) .
Sec. 7-24. State regulations .
That provisions of the Florida Boat Registration and Safety Law,
Part 1 of Chapter 371 of Florida Statute (1973) are hereby adopted
by reference and incorporated into this Chapter, three (3) copies
of which are on file in the Office of the City Clerk.
Sec. 7-25. Federal regulations .
All provisions and regulations of the Federal Government as to
boating, safety and water pollution standards for vessels, marinas,
and waterways prior to and including December 10, 1975, are hereby
adopted by reference and incorporated into this Chapter, three (3)
copies of which are on file in the Office of the City Clerk.
Sec. 7-26 . Reckless or negligent operation of vessel.
It is unlawful to operate a vessel in a reckless manner. A person
is guilty of reckless operation of a vessel who operates any vessel,
or manipulates any water skis, aquaplane, or similar device in will-
ful or wanton disregard for the safety}of persons or property, or
without due regard, caution and circumspection, or at a speed or in
a manner as to endanger, or likely to endanger, life or limb, or
damage the property of, or injure any person.
Sec. 7-27. Interference with navigation.
No person shall anchor, operate or permit to be anchored, except
in case of emergency, or operate a vessel or carry on any pro-
hibited activity in a manner which shall unreasonably or unneces-
sarily constitute a navigational hazard or interfere with another
vessel. Anchoring under bridges or in heavily traveled channels
so as to obstruct free passage of other vessels shall constitute
interference.
Sec. 7-28. Incapacity of operator.
It is unlawful for the owner of any vessel or any person having
such in charge or in control to authorize or knowingly permit
the same to be operated by any person who by reason of physical
or mental disability is incapable of operating such vessel under
the prevailing circumstances. Nothing in this section shall be
construed to prohibit operation of boats by, paraplegics who are
licensed to operate motor vehicles on the highways .
- 12 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 i
Sec. 7-29 . Operating vessel while under influence of
intoxicating liquor or a controlled substance.
It is unlawful for any person who is under the influence of an
alcoholic beverage , any substance controlled under Chapter 893
of the Florida Statutes , or any chemical substance set forth in
Florida Statute §877 .11 , when affected to the extent that his
normal faculties are impaired, to operate or be in actual physical
control of any vessel on the waters of this state.
Sec . 7-30 . Mooring or tie up to private property seawall or dock.
No vessel or watercraftof any kind whatsoever shall moor to or
tie up to a private seawall or dock or be beached upon private
property within city limits without the permission of the owner
thereof; provided, however, that nothing herein provided shall be
construed to prohibit vessels or persons in distress from mooring
to or tying up or beaching on private property to protect life,
limb or property.
Sec. 7-31 . Mooring to or damaging of markers or buoys prohibited.
(1) No person shall• moor or fasten a vessel to a lawfully
placed aid to navigation marker or buoy, regulatory marker or
buoy, or area boundary marker or buoy, placed or erected by any
governmental agency, except in case of emergency.
(2) No person shall willfully damage, alter, or move a
lawfully placed aid to navigation marker or buoy, regulatory
marker or buoy, or area boundary marker or buoy .
Sec. 7-32 . Skiing prohibited while under influence of liquor
or narcotics .
No person shall manipulate any water skis , aquaplane, or similar
device from a vessel while intoxicated or under the influence of
any narcotic drug, barbiturate, or marijuana, to the extent that
his normal faculties are impaired.
Sec. 7-33. Water skis and aquaplanes regulated.
(1) No person shall operate a vessel on any waters of this
City towing a person on water skis , or an aquaplane, or similar
device unless there is in such vessel a person in addition to the
operator, in a position to observe the progress of the person being
towed, or the vessel is equipped with a wide-angle rear view mirror
mounted in such manner as to permit the operator of the vessel
to observe the progress of the person being towed.
(2) No person shall engage in water skiing , aquaplaning, or
similar activity at any time between the hours from one half hour
after sunset to one half hour before sunrise.
(3) The provisions of subsections (1) and (2) do not apply to
a performer engaged in a professional exhibition or a person pre-
paring to participate in an official regatta, boat race, marine
parade, tournament or exhibition.
(4) No person shall operate or manipulate any vessel , tow
rope, or other device by which the direction or location of water
skis , aquaplane, or similar device may be affected or controlled,
in such a way as to cause the water skis , aquaplane, or similar
device, or any person thereon to collide or strike against any
object, except slalom buoys , ski jumps or like objects used
normally in competitive or recreational skiing.
- 13 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
Sec. 7-34. Muffling devices .
The exhaust of every internal combustion engine used on any
vessel shall be effectively muffled by equipment so constructed
and used as to muffle the noise of the exhaust in a reasonable
manner. The use of cutouts in prohibited, except for vessels
competing in a regatta or official boat race, and for such ves-
sels while on trial runs .
Sec. 7-35. Wake limit.
No owner, operator or person in command of any vessel, except
a public officer in the performance of his duty, shall operate
the same or permit the same to be operated in any portion of
the City at any speed which creates a wake that may cause damage
to moorings of vessels or floating structures, except as herein-
after provided.
Sec. 7-36 . Boat launching and hauling.
No person shall launch or remove any vessel from the waters of
the City over any public seawall, sidewalk, street end, or public
property, except at locations where a regular business of launch-
ing and hauling vessels is conducted which has the necessary
equipment to do such work or in areas designated and posted for
such purpose by the City.
Sec. 7-37. Boarding vessel without permission.
No person shall climb into or upon any vessel moored, docked, or
anchored in the City, without the consent of the owner or other
person having charge thereof.
Sec. 7-38. Tampering with vessel.
No person shall willfully injure or tamper with, or break or
remove any part of or from, any vessel in the city, or tamper
with the lines securing any such vessel, without the consent of
the owner or other person having charge thereof.
Sec. 7-39. Tampering with moorings .
No person shall tamper with any mooring or anchorage in the City
whether or not the same is occupied by a vessel.
Sec. 7-40. Stray property.
All stray vessels, skiffs, rowboats, dinghies, timber or any
other personal property found in the water or on the shore of the
City not in the lawful possession or control of some person, shall
be dealt with as provided in the appropriate provision of this
Chapter.
Sec. 7-41. Direct fueling prohibited.
No person shall fuel any vessel with any petroleum product dir-
ectly from a tank wagon or truck or other vehicle.
- 14 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 i
Article IV. Commercial Vessels.
Sec. 7-42. Provisions of this chapter apply. •
In addition to all the provisions of this chapter, the following
apply only to commercial vessels .
Sec. 7-43 . Same--Examination of applicants for permits to
operate charter, etc. , boats .
The Marine Authority shall conduct monthly examinations of appli-
cants for permits to operate boats under the terms of this
Chapter; provided, that the authority may hold such additional
examinations as they shall deem necessary. (Code 1950, §5 . 3;
Ord. No. 1025, §1; Ord. No. 1679 , §1)
Sec. 7-44 . Permit to operate charter, etc . , boats--required.
It shall be unlawful for any person to operate a charter, sight-
seeing, excursion boat or other commercial craft carrying passen-
gers for hire or charter parties , in or from the city, unless the
same is operated by an operator who shall have first obtained
and posted in a conspicuous place on such boat his city permit
for operation thereof. (Code 1950 , §5.4)
Sec. 7-45. Same--prerequisites to issuance.
Any person seeking a permit required by section 7-44 shall make
application on a form to be provided by the Finance Director which
application shall be sworn to before the Finance Director or one
of his deputies . No permit shall be granted unless the applicant
shall have complied with the following:
(a) Obtain references from three persons holding U.S . Coast
Guard operating certificates.
(b) To be photographed and fingerprinted by the City of
Miami Beach police department.
(c) Obtain a U. S . Coast Guard operating certificate.
(d) Shall have had at least one year ' s experience on a boat
carrying passengers for hire, operating in the waters of Miami
Beach harbor and waters surrounding and adjacent thereto under an
operator holding a U. S. Coast Guard operating certificate.
(e) Shall satisfy the board that he is a fit person morally
and physically, to operate a boat carrying passengers for hire.
(f) Shall procure and furnish evidence of bodily injury and
property damage liability insurance in the minimum amount of
Fifty Thousand (50, 000) Dollars.
Any applicant for a permit to operate sight-seeing boats only
on inland waters , on prescribed routes and schedules, may sub-
stitute for the requirement of one year ' s experience hereinabove
set forth a completed apprenticeship of not less than thirty oper-
ating days ' duration under a licensed operator or licensed opera-
tors , during which such applicant is schooled by such operator or
operators in the waters in which he proposes to operate. Proof
of such completed apprenticeship shall be evidenced by an affi-
davit executed by such licensed operator or operators . Upon the
applicant complying with the above provisions , and successfully
passing the examination provided for, he shall be granted the
permit without payment of any fee. (Code 1950 , §5. 5; Ord. No .
1025, §2 ; Ord. No . 1770 , §1)
- 15 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 •
Sec. 7-46 . License for charter, etc. , boats--required.
It shall be unlawful for any person to conduct the business of
operating any charter, sight-seeing, excursion boat or other com-
mercial craft carrying passengers for hire or charter parties in
o- from the city, unless such person has first secured an occupa-
tional license therefor from the Finance Director. The amount
of such occupational license is provided by section 20-17 (31) .
Sec . 7-47 . Same-prerequisites to issuances .
Any person seeking an occupational license required by the pre-
ceding section shall make application therefor on a form to be
provided by the Finance Director which application is to be sworn
to by the applicant before the Finance Director or one of his
deputies . The Finance Director shall thereupon refer the appli-
cation to the Marine Authority for their approval based upon an
inspection of the vessel by the code enforcement officer to deter-
mine whether or not it is seaworthy, safe, is properly equipped
and is properly provided with docking facilities for the contem-
plated use; the approval of the chief of the fire department,
and a survey by a marine surveyor, which shall state whether the
vessel is in a safe and seaworthy condition together with its
present condition noting any marine irregularities or defects
under this Chapter.
Sec. 7-48 . Expiration date of licenses and permits; renewal.
Licenses and permits provided for in this Chapter shall expire
on the thirtieth day of September following the date of the is-
suance thereof. The holder of a permit issued under sections 7-43
and 7-44 , however, may obtain a renewal thereof without further
examination, upon his satisfying the authority that he is still
a fit person, morally and physically, to hold such permit, and
that he still maintains bodily injury and property damage lia-
bility insurance as provided in section 7-44 . Proof shown the
Authority that the holder of the permit has been convicted of a
violation of any provision of this code, another ordinance of the
city, or state or federal felony shall be grounds for refusal to
reissue or renew such permit for the next ensuing license year.
Sec. 7-49. Suspension or revocation of licenses and permits ;
appeal from decisions of Marine Authority.
Any permit or license issued pursuant to the provisions of this
Chapter may at any time be either suspended or revoked after
notice and hearing before the Marine Authority upon presentation
of evidence of violations of this Chapter, or of the rules and
regulations issued hereunder. Any person whose application has
been denied or whose license or permit has been suspended or re-
voked may appeal from the decision of the Authority to the City
Council, who after a review of the evidence submitted, may either
uphold or reverse the decision of the Authority.
Sec. 7-50. Employees of boat and dock operators to be finger-
printed, etc.
It shall be unlawful for any person to employ in or about the
operation of the docking facilities , boats and occupations licens-
ed or permitted under this Article, any person who has not, pre-
vious to his employment at his own expense, been fingerprinted,
photographed and identified by the bureau of identification of
the police department of the city. (Code 1950 , §5 . 14)
- 16 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 •
Sec . 7-51. Docking at unlicensed dock, etc . , prohibited.
It shall be unlawful for any person to knowingly dock or other-
wise secure any boat or to knowingly embark or disembark any
passengers , or charter parties at any wharf, dock, bulkhead or
mooring required to be licensed under this Article where the owner
or operator of the wharf, dock, bulkhead or mooring has not
obtained such a license, except in the case of emergency involv-
ing safety to life or property.
ARTICLE V. Piers , Docks, Boat Ramps .
Sec . 7-52 . Defective piers .
Upon learning that any pier is in a defective or dangerous condi-
tion , the marine inspector shall immediately so notify the owner
or other person having charge of the same in writing, requiring
such person or persons to immediately repair it or to put up
barriers to prevent persons from going upon it. If such person
shall fail or neglect to do so, then the marine inspector may
place barriers as necessary for the protection of the public and
charge the cost thereof to such person, and it shall be a viola-
tion of this Chapter for any person to interfere with any such
barrier.
If any pier, or any portion thereof, or any material on such pier,
shall fall into the waters of the city, it shall be the duty of
the owner, agent or lessee of such pier to forthwith remove the
same from the waters of said and, if they shall fail to do so,
then the city or the marine inspector may do so and the cost
thereof may be recovered from the owner, agent, or lessee of such
pier as provided in this Chapter .
Sec. 7-53 . Maintenance of public piers .
Public piers and other facilities may be maintained by the city
for the purpose of loading andunloading passengers , supplies, and
boating gear and for similar purposes . It is the policy of the
city to maintain such facilities in a manner that will permit the
greatest public use and avoid continuous occupancy, congestion or
blocking thereof. Where necessary to achieve public use and avoid
extended occupancy, congestion or blocking thereof, the marine
inspector is authorized and directed to post signs limiting the
time during which a vessel may be docked or supplies or gear may
be placed at or on any such pier or facility to twenty minutes .
When such sign is in place giving notice of such time limit, no
person shall dock a vessel at any such facility for a period of
time longer than twenty minutes or permit any supplies or gear to
remain on such facility for a period of time longer than twenty
minutes .
Sec. 7-54 . Obstruction of facilities .
No person shall intentionally obstruct the free access to and de-
parture from any portion of any public pier or public boat ramp.
Sec . 7-55 . Automobiles and vehicles .
No person shall drive any motor vehicle upon any public pier or
boat ramp except to discharge or load supplies or passengers to
or from a vessel or permit any motor vehicle to remain upon any
public pier or boat ramp except when actually engaged in discharg-
ing or loading such supplies or passengers . Vehicles ready to
load shall have preference over those ready to discharge ; and no
- 17 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
person shall park or stop a vehicle where it blocks the approach
to any public pier.
Sec. 7-56 . Exception.
Notwithstanding the provisions of the preceding section, any per-
son having a license from the city to conduct a business on a
public pier or boat ramp may park a vehicle on such pier or boat
ramp if he obtains written permission to do so from the Marine
Authority or if such parking is provided for in a written contract
with the city.
Sec. 7-57 . Permission required to dock or to make fast to other
vessel .
No person shall make fast any vessel to any other vessel already
occupying any pier, either public or private, without first ob-
taining permission from the owner, city or operator for a temporary
mooring only.
Sec . 7-58 . Tying up vessel.
Every vessel lying at any pier or dock in the city shall be fasten-
ed thereto with such lines , at least from both bow and stern, and
in such a manner as to assure the security of such vessel.
Sec. 7-59 . Loading and unloading explosives .
No person shall load or unload gunpowder, giant powder, dynamite
or any other explosive to or from any vessel from or upon any
pier or dock or other vessel in the city without first obtaining
a permit to do so from the fire chief and the marine authority
and otherwise complying with all the rules and regulations govern-
ing the loading and unloading of explosives .
Sec. 7-60 . Donkey engine; other steam engine.
No person shall use any donkey engine or other steam engine on any
pier or dock or vessel within the city in loading or unloading
vessels or otherwise without a bonnet or spark arrester attached
to the smokestack of such engine so as to prevent sparks from
coming into contact with the pier or vessel .
Sec. 7-61 . Rights of city on property abutting public waterways .
Whenever a public street or thoroughfare is laid out or exists in
the city abutting, touching or ending at a waterway open to public
use, the city, as trustee for the public , has and owns riparian
rights at such place. The city shall have the right to regulate
the use of the waters adjacent to such place, and to construct
docks, public landings , piers or wharves at such places . No vessel,
houseboat or watercraft of whatsoever description shall dock, moor
or anchor on or about any such city-owned property without having
first obtained the formal written approval of the city council.
Such approval shall be revocable at the will of the city council
with or without cause. The person acquiring such approval shall
at all times keep such city-owned property free from stale fish,
garbage, trash, rubbish, boat equipment, machinery and debris of
all kinds .
- 18 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
�L.
Sec. 7-62 . Mooring watercraft at publicly-owned banks or shores .
No watercraft of any nature whatsoever shall be moored at any
publicly-owned bank or shore unless under a lease or permit issued
by the City. Any persons who shall violate or fail to comply with
any of the provisions of this section shall be punished by a fine
of not more than one hundred dollars . Each day that a violation
is permitted to exist shall constitute a separate offense; provid-
ed, that the violation of this section shall also constitute a
civil trespass, for which the City may institute such action for
trespass and damages or such other civil action as it may deem
appropriate, in addition to the above and foregoing penalties
herein provided.
Sec. 7-63. License to operate docks, etc. , for mooring
boats, etc. , required.
It shall be unlawful for any person to maintain or operate any
wharf, dock, bulkhead, mooring or other means of securing a boat
to the shoreline in the City for the mooring or other means of
securing any boat unless the owner or operator of such wharf,
dock, bulkhead, mooring or place of securing such boats has first
secured a license for the operating thereof, as provided by Sec-
tion 7-64, and has paid to• the Finance Director a license fee
of $1. 50 per lineal foot of bulkhead and $25 . 00 per boat slip.
No license shall be issued except as provided by Section 7-64.
But nothing herein shall be construed so as to require the owner
or lessee of a single-family residence to secure a license in
order to dock, moor or otherwise secure a boat owned by him or
a member of his immediate family to a wharf, dock, bulkhead,
mooring or other means of securing a boat, which is located on
the owned or leased premises.
Sec. 7-64. Same--prerequisites to issuance.
Any person seeking such a license shall make application therefor
on a form to be provided by the Finance Director which application
shall be sworn to before the Finance Director or one of his depu-
ties. The Finance Director shall thereupon refer the application
to the Marine Authority who, after an inspection of the premises
by the city boat inspector, approval of the chief of the fire de-
partment as to fire hazards and required fire protective devices,
shall determine if such premises are safe or seaworthy for such
use. Upon approval, the license shall be issued by the Finance
Director upon payment of the license fee.
If the Marine Authority shall find that such premises are unsafe
or unseaworthy then the Marine Authority shall notify the applicant
in writing of such improper conditions, describing and identifying
the same, and no license shall be issued until such time as it
shall be determined that the improper conditions have been
remedied.
Sec. 7-65. Anchoring, mooring, etc. , boats at certain docks,
piers, etc. , prohibited.
It shall be unlawful for any person to moor, anchor or tie up
to any dock, bulkhead or pier any boat, houseboat, vessel or
watercraft of any description upon which is being carried on
any business, privilege or occupation or any private or social
club of whatsoever nature on any waterway in the City not zoned
for that activity or use under the City' s zoning ordinance; pro-
vided that nothing herein contained shall apply to any watercraft
or vessel operating under a current City of Miami Beach license
or permit issued under this Chapter.
- 19 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
Sec. 7-66. Limitation on projection of watercraft, boat slips,
docks, etc. - erection.
Boat slips, docks, wharves, dolphin poles, mooring piles or struc-
tures of any kind shall not be constructed or erected which extend
into any canal or waterway in the City of Miami Beach more than
ten (10) percent of the width of such canal or waterway at a
specific location measured from the seawall or property as shown
by recorded plat line if no seawall exists; but if a canal or
waterway is more than 100 feet in width, the structure may extend
into such canal or waterway a distance not greater than fifteen
(15) percent of the width of such canal or waterway at that speci-
fic location, but not to exceed a distance greater than 40 feet;
provided, however, with special permission and recommendation of
the marine authority and approval by the city council, a dock,
wharf, dolphin, mooring pile or other structure may extend from
a lot zoned for multiple-family use into any part of Biscayne Bay
or other waterway which is in excess of 1, 000 feet in width, a
distance no greater than 125 feet and may extend from a lot zoned
for business use into Biscayne Bay or other waterways a distance
not greater than 250 feet. It is further provided that any boat,
ship or vessel of any kind shall not be docked or moored so that
its projection into the waterway would be beyond the permissible
projections for such docks, wharves, dolphin poles, mooring piles
or other structures .
Permits for erection of any of the above facilities must be ob-
tained from the building inspection division, the State Internal
Improvement fund, if necessary, and if abutting navigable streams,
the approval of the U.S . Corps of Engineers must be secured.
Sec. 7-67. Demolition, periodic inspection.
(1) All docks and piers described in this Article which
have become derelict or in disrepair by reason of disintegration
to the extent of more than 50% of original dimensions of its
members shall be replaced, removed or reconstructed no later
than 90 days. If such deterioration results in the structure
being below the surface of the water at mean high tide, removal
or reconstruction shall be done no later that 10 days, provided,
however, that this provision shall not apply to that portion of
Pelican Island lying south of the Julia Tuttle Causeway and north
of the Venetian Causeway.
(2) Any docks or piers authorized hereby extending into the
City' s waterway 20 feet or more shall have sufficient lighting at
the extremity thereof, which shall be lit from dusk to dawn and
visible from all water approaches. All other structures hereby
authorized shall have affixed thereto reflector signals visible
from all approaches and shall not be less than three (3) inches
in their smallest dimension.
(3) Periodic inspection of all docks, private, municipal
and commercial, under the jurisdiction of the city, shall be made
by the code enforcement officer to insure that all docks are main-
tained in good condition. In the event any dock shall be found
in an unsafe or unsatisfactory condition, the owner shall be
notified in writing giving a period of thirty (30) days to correct
the condition. If the condition has not been corrected in thirty
(30) days, the city shall have the power to remove the dock or
cause it to be repaired and the owner assessed for the cost of
such removal or repair under the procedures set out in this
Chapter in section 7-22 .
- 20 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -- MIAMI BEACH, FLORIDA 33139 i
ARTICLE VI . Housebarge.
Sec. 7-68. Housebarges.
No person shall use or occupy or permit the use or occupancy of
a housebarge, for howsoever long or short a period of time unless
such housebarge meets the following requirements :
(1) The housebarge shall meet all U.S. Coast Guard require-
ments for a vessel of like size and capacity.
(2) No person shall use or occupy or permit the use or oc-
cupancy of a housebarge for living quarters either permanently or
on a temporary basis on the waters of the City except when oper-
ated pursuant to a permit issued by the City.
Sec. 7-69. Housebarge mooring.
No person shall moor or dock a housebarge on the waters of the City
except at a pier, slip or dock for which a valid current business
license issued by the City is in effect licensing the business of
slip rentals or yacht or boat landing. No person shall moor or
dock a housebarge in the waters of the City except in those areas
zoned under the City Zoning Ordinance for multiple family or
commercial use, provided however, nothing herein contained shall
prohibit the mooring or docking or use of a housebarge in any
single-family use district in the City where the use of such
housebarge is limited to the immediate family and bona fide quests
of the upland owner.
Sec. 7-70. Housebarge operation permit.
No person shall moor or dock a housebarge or provide any site or
space for the location of a housebarge to be used or occupied for
living quarters, without having a current permit for such from the
City.
Sec. 7-71. Application for permit - standards.
Any person desiring to moor or dock a housebarge shall file an
application for an annual permit to do so with the Finance Director
and shall submit a fee in the amount of $90. 00. Such application
must be accompanied by a sketch or drawing of the proposed location
of the housebarge.
The Finance Director shall grant such permit if the following con-
ditions are met :
(1) The applicant owns or has an agreement on the land or
water over which the housebarge is proposed to be moored or docked.
(2) The housebarge is in a zoning district where it is not
prohibited.
Sec. 7-72 . Permit revocation.
Any permit for a housebarge may be revoked by the Marine Authority
after written notice to the permit holder of such housebarge and
an opportunity to be heard before the said Marine Authority. Such
written notice shall be mailed to the permit holder of the house-
barge at the address shown on the permit and shall state the date
and time the Marine Authority will consider the proposed revocation.
The grounds of revocation shall be :
(1) Fifty percent (50%) or more of the exterior and interior
- 21 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -- MIAMI BEACH, FLORIDA 33139
structural members of the housebarge must be replaced for the
housebarge to be seaworthy under U.S . Coase Guard regulations.
(2) The housebarge or its inhabitants or users cause pol-
lution to the waters of the City as defined in Section 7-94
herein.
(3) The condition of the housebarge constitutes an immed-
iate hazard to the safety of the occupants or to other persons
or property.
Sec. 7-73. Appeals of permit revocation.
The procedure for appeal of a decision by the Marine Authority
shall be the same as for any other appeal taken under this Chapter.
ARTICLE VII . Regattas and Boat Races .
Sec. 7-74. Races, regattas.
The Marine Authority may, when it deems the occasion warrants,
grant a special permit to hold a regatta or boat race in the City
or make temporary use of a designated area in the City for a spec-
ial event or activity in which unmuffled engines may be used,
speed limits may be exceeded, and normal traffic interrupted. A
permit for boat races shall not exceed ten days and shall be limit-
ed to the hours between 8 :00 a.m. and sunset. No permit shall auth-
orize interference with normal harbor traffic for a period exceed-
ing eight hours in any twenty-four hour period. As a condition for
granting such permit, the city council shall require the permittee
to provide liability insurance for the full period of time for
which the permit is granted in an amount of not less than $100, 000
for bodily injury to one person, $500, 000 for bodily injury in any
one accident, and $100, 000 for property damage in any one accident.
The policy providing such insurance must name the City as an addi-
tional insured. A certificate evidencing that such insurance is
in force and will remain in force for the period of such permit
shall be filed with the insurance division in a form approved by
the city attorney before any such permit shall be effective. The
Marine Authority may impose additional conditions as deemed neces-
sary to protect persons and property and to assure that the activity
will not create a nuisance or interfere with the reasonable use of
the waters of the City by other vessels . No such permit shall be
effective until it has been granted by the Marine Authority.
Sec. 7-75. Safety restrictions .
For such time as necessary preceding, during and after any race,
regatta, parade or other event held on the waters of the City
harbor, or at any other time when the Marine Authority deems it
necessary for the safety of persons, vessels or other property,
the Marine Authority shall have authority to restrict or prohibit
waterborne traffic in the harbor, and it shall be unlawful to
willfully fail or refuse to comply with any order, signal or direc-
tion of said Marine Authority, its deputies or agents .
ARTICLE VIII .
Vessels abandoned on Public and Private Property Generally
Sec. 7-76. Disposition by city of certain abandoned vessels .
Any vessel which (1) has been left unattended and not securely
moored for a continuous period of more than two days, and (2) is
- 22 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
within the waters of the city and creates a danger or hazard to
navigation or is on private property without authorization of the
owner or occupant of the property may be caused by the code en-
forcement officer to be taken into custody and disposed of pursuant
to this Chapter.
Sec. 7-77 . Notice to owner.
Upon taking custody of any such vessel, a written notice shall im-
mediately be posted on the vessel and a duplicate original thereof
sent by registered or certified mail, with a return receipt, to the
registered owner of the vessel at his last known address and to
all lien-holders shown on the records of the State of Florida. The
notice shall contain a brief description of the vessel, the loca-
tion of custody, and the intended disposition of the vessel if not
repossessed within twenty days after the mailing of the notice. A
notice need not be sent to any purported owner or any other person
whose interest in the vessel is not recorded with the department
of transportation.
Sec. 7-78 . Public auction.
If the vessel is not repossessed within twenty days after the
mailing of the notice, the vessel shall be disposed of by public
auction after public advertisement has been made once in a news-
paper of general circulation, provided that the public auction
shall not be held less than five days after the publication of
the advertisement. Where no bid is received, the vessel may be
sold by negotiation, disposed of as junk or donated to any gov-
ernmental agency.
Sec. 7-79 . Possession by interested party.
Any person having an interest in the vessel may take possession
of the vessel prior to the date of public auction upon payment to
the city of all use fees , towing, handling, storage, appraisal,
advertising and any other expenses incurred by the city in con-
nection with the vessel. If the person taking possession of
the vessel is not the registered owner, he shall, prior to taking
possession of the vessel, pay the foregoing expenses and post
adequate security which shall not exceed the value of the vessel.
Such security, if not forfeited, shall be returned one year after
receipt.
Sec. 7-80. When public auction not required.
Public auction shall not be required when the appraised value
of any vessel as determined by an independent appraiser who has
had at least one year of experience in the sale or purchase of
vessels , is less than $100. Upon that determination and after
public advertisement has been made for one month in a newspaper
of general circulation, the code enforcement officer may sell
the vessel by negotiation, dispose of it as junk or donate the
vessel to any governmental agency.
Sec. 7-81. Effect of sale.
The transfer of interest by sale hereunder shall be evidenced by
a bill of sale from the city, shall he considered a transfer by
operation of law and shall be governed by provisions applicable
thereto.
- 23 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
�l.
Sec. 7-82 . Disposition of proceeds .
The city shall retain out of the proceeds of the sale of a vessel
the use fees, the expenses of the auction and any other expense
incurred by the city in taking the vessel into custody. The
balance, if any, shall be deposited into the general fund of the
city. The owner may recover any such balance from the city only
if he files a claim therefor with the city ' s finance department
within one year after the execution of the bill of sale. A lien
holder shall receive priority of payment from the balance to the
extent of his lien on the vessel. The city may file a claim for
lien as provided in this chapter within the same period against
the registered owner or person with an interest to the extent
that towing and other related fees and the expenses of sale exceed
the proceeds of sale.
Sec. 7-83. Derelict vessel.
A vessel which has been left unattended for a continuous period
of more than twenty-four hours is a derelict if:
(1) The vessel is sunk or in immediate danger of sinking,
is obstructing a waterway, or is endangering life or property;
or
(2) The vessel has been moored or otherwise left in the
waters of the city or on public property contrary to law, or rules
and regulations having the force and effect of law, or the vessel
has been left on private property without authorization of the
owner or occupant of the property and if :
(a) The vessel ' s certificate of number or marine docu-
ment has expired and the registered owner no longer resides at
the addrass listed in the vessel registration or marine document
records of the department of transportation or the United States
Coast Guard, or U. S. Customs; or
(b) The last registered owner of record disclaims
ownership and the current owner' s name or address cannot be de-
termined; or
(c) The vessel identification numbers and other means
of identification have been removed so as to nullify efforts to
locate or identify the owner; or
(d) The vessel registration records of the State of
Florida and the marine document records of the United States
Coast Guard or U. S. Customs contain no record that the vessel has
ever been registered or documented and the owner' s name or address
cannot be determined.
Sec. 7-84. Disposition of derelict vessel.
The city may cause a derelict vessel to be immediately taken into
custody. Upon taking custody of a derelict vessel, the city shall
concurrently (1) publish a notice of intended disposition, once,
in a newspaper of general circulation; (2) when possible, post a
notice of intended disposition on the vessel; and (3) serve a
duplicate original of the notice of intended disposition by certi-
fied mail , return receipt requested on (a) the registered owner
of the vessel, if known, at his last known address or the address
on record in the United States Coast Guard or U. S. Customs , and
(b) all lien holders who have filed a financing statement indexed
in the name of the registered owner or who are shown on the records
of the department of transportation or United States Coast Guard
or U. S. Customs. If the vessel is not repossessed within twenty
days after the publication or mailing of the notice, whichever
occurs later, the vessel may be disposed of by negotiated sale
except that, when two or more purchasers indicate an interest in
purchasing the vessel , the vessel will be sold at public auction
to the highest bidder. If no purchaser expresses a desire to
purchase the vessel , the vessel may be destroyed.
- 24 -
•
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
ARTICLE IX.
Marine Facilities and Marinas .
Sec . 7-85 . Zoning ordinance standards adopted.
The provisions of the zoning ordinance relating to the City ' s
waterways directly or indirectly are hereby incorporated and
adopted.
Sec . 7-86. Regulation of marinas .
No person, firm or corporation shall lease, rent or permit the
use of docks , piers, wharves or similar structures within the
limits of the city by another for consideration , unless they
possess a valid license to operate a marina pursuant to the
provisions of this ordinance. The use of dock space by the tenants
or guests of any building of any type as a part of the "unit rent"
paid by such tenants or guests shall be considered consideration
within the meaning of this chapter .
Sec . 7-87. Marinas - minimum requirements .
Any marina will be required to meet the following minimum specifi-
cations :
(1) A permanent float, dock or slip for the mooring or dock-
ing of each boat, vessel or houseboat from which such vessel may
be directly boarded.
(2) A city license issued pursuant to this Article .
Sec . 7-88. Fuel safety requirements .
No marina within the limits of the city shall be permitted to
obtain a license, or renewal of a license, unless the areas where
boats , vessels and houseboats are fueled, and, otherwise repro-
visioned, are completely separate and apart from the sites for
mooring such boats, vessels or houseboats . Any line, pipe or
other conduit carrying inflammable fuel or other fluid shall be
prohibited from running adjacent to any area used as a site for
mooring a boat, vessel or houseboat in said marina, and the Fire
Chief of the City shall be required to examine such facilities
and to approve same as being safe before any license shall be
issued or renewed.
Sec . 7-89. Approval of plans .
The plans of any marina built after December 10, 1975, must be
evaluated for approval by the City Engineer, City Building Offi-
cial, the City Manager of Miami Beach and the Marine Authority
before said plans are submitted to the City Council for their
approval.
Sec . 7-90. License fees .
The following fees are required for the issuance of a marina
license by the City of Miami Beach, Florida, such license shall
be required on the first day of October of each year and shall
be effective through the 30th day of September of the follow-
ing year. These fees shall become effective and become due on
October 1, 1976 :
(1) Marinas as defined in this Ordinance shall be charged
an annual license fee as set forth in Section 7-63 herein .
- 25 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(2) Any marina which fails to obtain all necessary licen-
ses on or before the 31st day of December of any year, shall pay
a penalty of an additional 10% upon all licenses issued after
January 1st of the following year.
(3) The owners, operators, lessees or any other person or
legal entity in charge of any marina in the City is hereby made
trustee of the license fees required under this Article and shall
be subject to the penalty provision of this Chapter for failure
to transmit to the Finance Director of the City these trust funds.
The City may bring a civil suit to recover any delinquent trust
funds under this Section.
ARTICLE X. Water Pollution.
Sec. 7-91. Water pollution control program established.
Under and by authority of chapter 67-436, Laws of Florida, Acts
of 1967 as amended, a water pollution control program for the
City is hereby established and placed under the direction of
the Marine Authority as hereinafter provided. [Ordinance No.
1769, §2]
Sec. 7-92 . Purpose of article.
The pollution of the waters of this City constitutes a menace
to public health and welfare, creates public nuisances, is harm-
ful to wildlife, fish and other aquatic life, and impairs domes-
tic agricultural, industrial, recreational and other beneficial
uses of such water. It is the intent and purpose of this article
to provide and maintain for the citizens and visitors of the City,
standards which will insure the purity of all such waters con-
sistent with the protection and preservation of the public health,
safety, welfare and economic well-being. It is hereby declared
that the prevention, abatement and control of the pollution of
the waters are affected with a public interest, and the provisions
of this article are enacted in the exercise of the police powers
of this City. [Ordinance No. 1769, §3]
Sec. 7-93. Definitions .
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this
section:
Contaminant. Any substance which is harmful to plant, animal
or human life.
Houseboat. Any vessel in fact used or designed primarily to
be occupied as living quarters or for any business or occupation
whatsoever, or for any private or social club of whatsoever nature,
including the use thereof by apartments, apartment-hotels, or
hotels for the entertainment or recreation of guests or tenants .
Person. Any natural person, individual, public or private
corporation, firm, association, joint venture, partnership, gov-
ernmental agency, or any entity whatsoever.
Pollution. The presence in the waters of the City of any
one or more substances or contaminants in quantities which are
or may be potentially harmful or injurious to human health or
welfare, animal or plant life, or property, or unreasonably inter-
fere with the enjoyment of life or property, including outdoor
recreation.
Sewage system. Pipelines or conduits, pumping stations, and
- 26 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 #
forcemains, and all other structures, devices, appurtenances,
and facilities used for collecting or conducting wastes to an
ultimate point for treatment or disposal.
Vessel. Any watercraft structure, whether power-driven
or not, mobile or stationary, surface, sub-surface or hydrofoil
craft, including ships, boats, barges, houseboats and watercraft
of every nature and description.
Wastes. Sewage, industrial wastes, and all other liquid,
gaseous, solid, radioactive, or other substances which may pol-
lute or tend to pollute any waters of the City.
Waters . Include but shall not be limited to all navigable
and non-navigable waterways, rivers, lakes, streams, springs,
impoundments, and all other waters or bodies of water. [Ordi-
nance No. 1769, §41
Sec. 7-94. Pollution of waters prohibited, controls permitted.
a) It shall be unlawful for any person to throw, discharge,
deposit, drain or run into any waters of the City, or to cause,
permit to suffer to be thrown, discharged, deposited, drained,
or run into such water, any organic or inorganic matter that
cause or tend to cause water pollution as defined herein.
Specifically, no person, including the owner, operator or other
responsible person, shall throw, discharge, deposit or permit
to fall from any vessel or watercraft any noxious or deleterious
matter into the waters, including: oil, spirits, or inflammable
liquid, sewage or waste matter, including food, excrement or
other "wet garbage", trash, debris or refuse, industrial wastes,
contaminate cooling water or other wastes.
b) Every vessel or watercraft in the City shall comply with
Section 7-94 (a) when one or more of the following exists :
(1) The vessel or watercraft is connected to City
Sewage facilities.
(2) The vessel or watercraft is equipped with a holding
tank that is emptied into a City sewage facility.
(3) The vessel or watercraft is equimcd with a U.S . Coast
Guard certified or approved flowthrough device or another U.S .
Coast Guard certified or approved method or device which pre-
vents marine pollution in the waters of the City of Miami Beach.
Sec. 7-95. Ordinance, code or law.
Incorporation of other ordinances or laws which deal with water
pollution in the City' s waterways either directly or indirectly
which has been adopted shall be incorporated herein and shall
be of full force and effect throughout the City.
Sec. 7-96. Discharge of flammable material.
No person shall pump or discharge from any vessel or tank into
the waters of the City, oil, spirits, or any flammable liquid,
or deposit any rubbish, refuse matter or articles of any offensive
character therein or upon any pier or street leading to such facil-
ity.
Sec. 7-97. Dead animals.
No person shall throw, place or leave any dead animal or putrefy-
ing matter into or in the waters of the City, or on or along the
shore thereof or the shore of any tidewater within the City.
- 27 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 i
Sec. 7-98. Commercial bait boats .
All boats used to catch or furnish live bait shall, at all times,
have aboard a covered receptacle in which shall be placed all
dead bait. Bait tanks on such boats when containing bait shall
be covered at all times when in the City waters by a cover which
fits closely over the top except while bait is actually being
transferred to or from the tank.
Sec. 7-99. Bait - sale, transfer.
No person shall sell live bait at retail from a vessel within
the limits of the City.
Sec. 7-100. Effective date of pollution controls .
The provisions of Section 7-94 shall not be effective until
December 31, 1976.
ARTICLE XI . Restricted Areas .
Sec. 7-101. Restricted areas and uses therein.
The city council may from time to time designate by ordinance,
certain waterways of the City as restricted areas, and only those
uses which are set forth in such ordinance shall be permitted in
such restricted area.
SECTION 2 : All Ordinances or parts of Ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3 : This Ordinance shall go into effect immediately upon pass-
age and posting as required by law.
SECTION 4 : If any provision in this Ordinance or the application of
such provision to any person or circumstance, is declared
invalid by the final decree of a court of competent jur-
isdiction such invalidity shall not affect any other pro-
vision or application of this Ordinance; it being the in-
tention of City Council that the provisions of this
Ordinance shall be severable.
PASSED and ADOPTED this 17th day of DECEMBER , 1975.
V I C E Mayor
Attest:
Cit Clerk
1st reading - July 16, 1975
2nd reading - December 17, 1975
Posted - December30, 1975- 28 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 i
•
co
44-1T1
0
U cti
lin
N °'
•
-114 0w
z
U
C, ,-
•
•