Resolution 78-15745 RESOLUTION NO. 78.15745
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA; ADOPTING DEFI-
NITIONS; DECLARING A MORATORIUM ON THE DOCKAGE
OF HOUSEBARGES; DIRECTING THAT STUDIES BE MADE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there exists in the City of Miami Beach, con-
ditions with respect to the mooring of houseboats and housebarges
which are of grave consequences to the health, safety and welfare
of the residents of the City of Miami Beach; including, but not
limited to problems of water pollution, land use management and
control, and a lack of sound construction of many houseboats and
housebarges, and
WHEREAS, due to the complexity of the problem, it will
be necessary to study same for a period of time in order to identi-
fy the conditions fully and prepare and adopt a comprehensive
scheme of regulations to alleviate the conditions, and
WHEREAS, the said conditions are or will be magnified
if additional houseboats or housebarges are docked or moored with-
in the City during the interim between the adoption of this Resolution
and a comprehensive scheme of regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, as follows :
SECTION 1: The definitions contained in Sections 7-6 and 7-93 of
the City Code of the City of Miami Beach, Florida, are
adopted herein as if set forth in hace verba.
SECTION 2 : A moratorium with respect to the mooring or docking of
houseboats and housebarges is hereby declared to exist
from and after the effective- date of this Resolution and for a
period of nine (9) months thereafter.
SECTION 3 : During the said moratorium period, no houseboat or house-
barge shall be docked or moored within the City which was
not moored or docked within the City on October 18 , 1978 , and which
has not remained continuously docked or moored within the City
thereafter,
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SECTION 4 : That during the moratorium the Planning Board, the Marine
Authority, and the City' s Administration shall make such
studies, surveys, and hold such public hearings as they shall deem
necessary, and formulate such proposed ordinances as they deem
appropriate.
SECTION 5 : This Resolution shall' go into effect upon passage in
accordance with law.
PASSED and ADOPTED this 18th day of October, 1978.
, 'XL,..,644
- Mayor
Attest:
-City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
11.L yaia:5c b'l;ceuucaru snaii 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.
gSec. 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.
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• 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.
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Headof enforcement a enc . The Chairman of the Miami
Beach Marine Authority.
Housebarg . A residence floating on water, usually per-
manently moored, which is not manufactured with a system of
propulsion.
h. The measurement of a vessel from end to end
over the deck.
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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 ImmtgIan, Code Enforcement Officer and assistants.
1.122Liaa. 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
eeher person interested in the vessel.
Occupant. Any person using or having actual possession of
any vessel, marina, or Marine facility.
°ccLa:Lad. 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,
222siaL9r. Any person who has charge, care or control of a
vessel, marina, or marine facility.
Owner. Any person, firm, corporation, or other igal 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.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENW iI I;LACH, I UiIUI 31 US9
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Pier. AnY fixed or floating structure for securing vessels,
loading or unlgading 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
el-1 11 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-propel
cion.
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,
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Whenever the words "vessel", "marine fac i 1 i t y 1, "boat " , "marina "
"pier", "dock", "wharf",
or any other termsused in :.oi.s Chapter .
. are expressed in any article herein, they shall bo construed as
though they were followed by the words "or any part thereof".
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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 he the Marine Inspector. The City Manager shall
appoint such assistants to the inspector as may he necessary in
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 '
'Sec: 7-91. Water pollution control program established.
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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.
1'769, §21
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]
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SAC`. 7-93. Definitions.
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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.
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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
corp,�ration, firm, association, joint venture, partnership, gov- I '
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
forcemains, and all other structures, devices, appurtenances,
end facilities used for collecting or conducting wastes to an
ultimate point for treatment or disposal.
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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 •
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nance .No. 1769, §41..
ORIGINAL
RESOLUTION NO. 78-15745
(Adopting definitions; declaring a mora-
torium on the dockage of Housebarges;
directing that studies be made; and
providing for an effective date)
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