Ordinance 2019-4263 KITEBOARD OPERATOR PERMIT FEE
ORDINANCE NO. 2019-4263
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE V, ENTITLED "BEACHES," BY
AMENDING DIVISION 2, ENTITLED "RESTRICTED
AREAS," BY AMENDING THE HEADING TO SECTION 82-
468, ENTITLED "WATERCRAFT PROHIBITED IN
RESTRICTED SWIM AREAS AND IN CERTAIN NON-
RESTRICTED SWIM AREAS; PERMITTED LAUNCH,
INGRESS/EGRESS, AND USE AREAS FOR
KITEBOARDS; REQUIREMENTS REGARDING SAFETY
EQUIPMENT AND DISTANCE," TO INCLUDE
REFERENCES TO KITEBOARD OPERATOR PERMITS,
DISTANCE SEPARATIONS, AND KITEBOARD LESSONS
TO BE CONSISTENT WITH THE TEXT THEREIN; AND,
AMENDING APPENDIX "A," ENTITLED "FEE
SCHEDULE," TO INCLUDE A FEE FOR THE KITEBOARD
OPERATOR PERMIT PROVIDED IN SECTION 82-468(C);
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, various provisions in Chapter 82,Article V, Division 2 of the City Code,
regarding watercraft and restricted areas on the City's beaches, have been amended
recently pursuant to Ordinance No. 2018-4222 in the interest of the public health, safety,
and welfare to address current beach conditions and the types of watercraft presently
utilized by the City's residents and visitors; and
WHEREAS, the heading for Section 468-82 should be updated to be consistent
with the text therein and to reference the new permit requirement for kiteboard operators
in Section 82-468(c) of the City Code. Moreover, the Appendix to Section 82-468(c)
should be amended to provide a fee for the kiteboard operator.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
Chapter 82 to the City Code, entitled "Public Property," is hereby amended as
follows:
Chapter 82
PUBLIC PROPERTY
Article V. Beaches
* * *
Division 2. Restricted Areas
* * *
Sec. 82-468. Watercraft prohibited in restricted swim areas and in certain non-
restricted swim areas; permitted launch, ingress/egress, and use areas for
kiteboards; requirements regarding kiteboard operator permits, safety equipment1
and distance separations, and kiteboard lessons.
(a) Except as otherwise provided in this division, it shall be unlawful for any licensee
or watercraft operator to launch, ingress/egress, steer, propel, operate, cause to
be operated, or use any watercraft within the restricted swim areas as set forth in
section 82-467.
(b) Kiteboard operators must launch, ingress, and egress kiteboards only in the
following city-designated beach areas:
(1) The area extending 125 feet south of the northern boundary of 25th Street.
(2) Non-restricted swim areas north of 29th Street, except as otherwise
provided in subsection (b)(3).
(3) 76th Street shall only be utilized for kiteboarding lessons by city-approved
concessionaires and their students.
(c) All kiteboard operators, except for students engaged in kiteboarding lessons at
76th Street, must be currently certified by the International Kiteboarding
Organization (IKO), the International Kiteboarding Association (IKA), or the
• Professional Air Sport Association (PASA) as a Level 3 kiteboarder. Beginning
October 1, 2019, all kiteboard operators shall immediately provide a city-
issued permit, as proof of such certification upon request by any person authorized
to enforce this division. Beginning App# October 1, 2019, a permitee shall be
required to submit written verification to the city, with its permit application or yeah
renewal, confirming that the permitee is in full compliance with the provisions set
forth in this section. The permit shall be effective for five (5) years from the date of
its issuance. Beginning Apr41 October 1, 2019, all kiteboarders must display a city-
issued form of identification (i.e., streamer, etc.) on their kiteboard or kite at all
times.
(d) Persons operating watercraft must utilize appropriate safety equipment as required
by law and are responsible for the safe operation of their watercraft.
(e) All watercraft operators, except operators of surfboards and skim boards, shall
maintain a 300-foot distance from the mean highwater mark at all times, except as
otherwise provided in section 82-469 or when authorized to use the city-designated
launch and ingress/egress areas set forth in subsection (b).
(f) All watercraft operators, except operators of surfboards and skim boards, shall
maintain a distance of 50 feet away from bathers/swimmers at all times.
(g) The providing of kiteboarding lessons by any person or entity other than as
authorized by a concession agreement with the city, regardless of whether
monetary or other form of compensation or consideration is received by such
person or entity, is prohibited.
SECTION 2.
Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as
follows:
APPENDIX A— FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the city commission that
are referred to in the indicated sections of the Code of Ordinances:
Section Description Amount
This Code
Subpart A. General Ordinances
Chapter 82. Public Property
* *
Article V. Beaches
Division 2. Restricted Areas
82-468(c) Kiteboard operator arwmat permit 1-3-5709
(Note: Permit duration for 5 years) 46.00
* * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this Ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and that the word 'ordinance" may be changed
to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of M, , 2019.
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ATTEST: di..iwil
I an Gelber
Mayor
Rafael E. Granado
City Clerk ,��J B��X44
Underscore denotes new language .&1(:**:,.. 4V-l.,. 0
denotes deleted language '
Double underscore denotes new language after First Reading. 0' INOORP ORATED;
denotes deleted language after First Reading. .,, ,,. s
(Sponsored by Commissioner Mark Samuelian) °'4h` C;f-{ 26
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
10:30 a.m. Second Reading Public Hearing
SUBJECT: KITEBOARD OPERATOR PERMIT FEE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE V, ENTITLED "BEACHES," BYAMENDING DIVISION
2, ENTITLED "RESTRICTED AREAS," BY AMENDING THE HEADING TO
SECTION 82- 468, ENTITLED "WATERCRAFT PROHIBITED IN
RESTRICTED SWIM AREAS AND IN CERTAIN NON- RESTRICTED SWIM
AREAS; PERMITTED LAUNCH, INGRESS/EGRESS, AND USE AREAS
FOR KITEBOARDS; REQUIREMENTS REGARDING SAFETY EQUIPMENT
AND DISTANCE," TO INCLUDE REFERENCES TO KITEBOARD
OPERATOR PERMITS, DISTANCE SEPARATIONS, AND KITEBOARD
LESSONS TO BE CONSISTENT WITH THE TEXT THEREIN; AND,
AMENDING APPENDIX "A," ENTITLED "FEE SCHEDULE," TO INCLUDE A
FEE FOR THE KITEBOARD OPERATOR PERMIT PROVIDED IN SECTION
82-468(C); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the subject
Ordinance on Second Reading,with the revised provision that the City-issued permit shall be
subject to a$46 fee and shall be valid for a period of ten (10)years.
BACKGROUND
At its March 7, 2018 meeting, the Mayor and City Commission directed the Administration to
develop kiteboarding regulations and an enforcement plan to better regulate the safe practice of
the sport on the City's beaches.
The Administration determined the best policies and procedures for regulating kiteboarding and
staff developed amendments to Chapter 82, Article V, Division 2 of the Code. The
amendments modified the provisions in Sections 82-466 through 82-470 regarding definitions,
prohibited watercraft in restricted swim areas, prohibiting watercraft in certain non-restricted
swim areas, exceptions for the launch and use of certain watercraft in permitted areas, providing
requirements for kiteboard operator permits, safety equipment, distance separations, providing
Page 418 of 1102
exceptions regarding restricted and non-restricted swim areas, and amending the provisions for
enforcement and penalties, and proof of either I KO, I KA, or PASA level 3 certification for
kiteboard operator permits.
On November 11, 2018, pursuant to Ordinance 2018-4222, the City Commission adopted the
new kiteboarding regulations. Section 82-468(c) of the adopted regulations sets April 1, 2019
as the deadline for operators to obtain the city-issued permit and city-issued identification
streamer and to submit written verification to the City, with its permit application, confirming that
the permittee is in full compliance with Section 82-468. This grace period provided the
administration with time to develop and implement the permit registration process.
The Administration has determined the potential financial cost to enforce the permit process and
other regulations. An ordinance is being brought before the Commission for adoption of the
kiteboard operator permit fee in Appendix A (Fee Schedule) of the City Code. In addition, the
City Attorney's Office has recommended a minor housekeeping amendment to the title of
Section 82-468. This has no substantive bearing on the regulations and only consists of
inserting additional words into the title to reflect the text within the subsection.
ANALYSIS
Kiteboard Operator Permitting Process
With adoption of new kiteboarding regulations, staff proposed an Energov permitting process
that would be managed through the Finance Department. Kiteboarders may apply for kiteboard
operator permits online (Citizen Self Service (CSS) portal account required) or in person at the
Customer Service Center, located at 1755 Meridian Avenue (Monday through Friday between
9:00 AM and 5:00 PM). The application process requires completion of an application and
submission of specific documentation (government photo I D and kiteboarding certification
card), affirmative acknowledgement and acceptance by the applicant of the City's kiteboarding
regulations and penalties, and payment of an annual registration fee, which is proposed to be
either $46 or $135 annually (as further described below) to cover the cost of processing the
application, the cost of the identification streamer, and the cost of enforcement. Upon
application approval, the applicant may obtain its annual permit and identification streamer at the
Customer Service Center.
Financial Impact of the Permitting and Enforcement Process
The applicable application fee amount is determined based on the estimated costs to the
Finance Department for administering the permitting process and to Code Compliance and
Police for enforcement. If the expectation is for Code Compliance to be reactive and respond
to kiteboard permit-related complaints, it can be absorbed using existing staffing but will cause a
reduction in the service level to other areas of the City as it will take an officer out of service
during this time period. Under this enforcement structure, using existing Code Compliance
staffing, the annual cost to the City for both administration of the permit process and
enforcement is $34,750 annually ($33,750 for administration and $1,000 for Police to enforce
illegal lessons), and $173,750 over five years. A permit fee of $46 would be required to cover
these costs, based on an estimated 750 permits issued annually. The Finance Department
currently charges $45 per Business Tax Receipt (BTR) application. A Consumer Price Index
(CPI)adjustment would be applied to the permit fee annually.
However, if the expectation is for a Code Compliance Officer(CCO)to actively patrol the beach
and monitor potential violations, dedicated staff on ATVs is required during daylight hours.
Page 419 of 1102
Based on review by staff of local online user forums, ideal kitesurfing conditions exist October—
May, typically 3-4 days per week if wind speeds reach 15-20 mph (additional days in summer
months may occur but are not consistent). Based upon an estimate of 4 days per week over 35
weeks, active patrol by a CCO would be required 140 days per year. If the beach is patrolled for
10 hours each day, an annual total of 1,400 patrol hours is required. This figure equates roughly
to 67% of a full time CCO. Additional staffing and administrative hours would also be required
due to the issuance of violations, including case processing and appeals. In order to maintain
service levels throughout the remaining areas of the City, a minimum of one additional full time
CCO position would be necessary to provide minimal enforcement of the new kiteboarding
regulations. The approximate salary cost per CCO (including benefits) is $64,000 per year. The
five-year projected cost per COO, with some consideration for annual increase adjustments, is
approximately$330,000.
Accordingly, if an additional CCO is hired primarily to enforce kiteboarding regulations, this
enhanced enforcement structure would cost the City $98,750 in Year 1 ($33,750 for
administration, $1,000 for Police to enforce illegal lessons and $64,000 for a full time CCO),
and $503,750 over five years. A permit fee of $135 would be required to cover these costs,
based on an estimated 750 permits issued annually. A Consumer Price Index(CPI) adjustment
would be applied to the permit fee annually.
City Commission First Reading
At First Reading on April 10, 2019, the City Commission was not in favor of a $135 application
fee or the hiring of additional personnel to enforce the new regulations. The Commission
directed the Administration to meet with representatives of the kiteboarding community
regarding the necessity for the fee. Following adoption on First Reading, the Administration met
with Roman Wunderlich, President of Miami Beach Kiteboarders Foundation (MBKF), who
offered support of the $46 fee as the permit requirement helps ensure only skilled enthusiasts
practice the sport. To lessen the burden on kiteboarders of applying for and obtaining an
annual permit, as well as to lessen the overall cost of the permit, the Administration and MBKF
mutually support extension of the permit validity from one (1)year to ten (10)years. This serves
to relieve the kiteboarders of annual permit renewals and recurring fees. Finally, the effective
date of the permit requirement was extended from the prior effective date of April 1, 2019 to
October 1, 2019, in order to provide kiteboarders ample time to apply for and obtain permits.
CONCLUSION
The Administration recommends adoption on Second Reading of the revised Ordinance, which
provides for a permit that is valid for ten (10)years and is available for a fee of$46.
FINANCIAL INFORMATION
It is anticipated the amount of the permit fee will offset costs to the Finance Department for
administering the permit process and the costs to the Police Department for enforcement.
Code Compliance will utilize existing resources for enforcement of the ordinance. Thus, the
anticipated financial impact will be budget neutral.
Legislative Tracking
Economic Development
Sponsor
Commissioner Mark Samuelian
Page 420 of 1102
ATTACHMENTS:
Description
o Attachment A- Ordinance 2nd Reading
•
Page 421 of 1102