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Ordinance 2019-4311O R D IN A N C E N O . 20 19- 431 1 A N O R D IN A N C E O F T H E M A Y O R A N D T H E C IT Y C O M M IS S IO N O F TH E C IT Y O F M IA M I B E A C H , FLO R ID A , A M E N D IN G C HA P T E R 66 O F T H E C O D E O F T H E C IT Y O F M IA M I B E A C H , EN T IT LE D "M A R IN E ST R U C TU R ES, FA C ILI T IE S , A N D V E S S E L S ," B Y A M E N D ING A R T IC L E II, ENTITL E D "R E S T R IC T E D W A K E ZO N E S ", B Y A M E N D IN G S E C T IO N 66-43 ENTI TL ED "R E S T R IC T E D A R EA S ," B Y A M E N D IN G S U B S E C T IO N (e) TH E R EO F R E G A R D IN G T H E S LO W S P E E D , M IN IM U M W A K E Z O N E S BY A D D IN G A Y E A R -R O U N D S LO W S P E E D Z O N E A R O U N D FLA G L E R M E M O R IA L IS LA N D (T H E "M O N U M E N T IS LA N D "); A N D B Y A M E N D IN G SU B S E C TIO N (b ) T H E R E O F TO A M E N D T H E B O U N D A R IE S O F T H E ID L E SP E E D , NO W A K E ZO N E IN T H E A R EA O F T H E M IA M I B E A C H M A R INA ; A N D P R O V ID IN G F O R R E P E A L E R , S EV E R A B ILI T Y , C O D IF IC A T IO N, A N D A N E F F E C T IV E D A T E . W H E R E A S , Flagler Memorial Island, also known as the Flagler Monument Island (the "Monument Island"), is an uninhabited artificial island located within the City of Miami Beach (the City") and Biscayne Bay; and W H E R E A S , the immediate waters surrounding Monument Island are classified as a designated year-round slow speed zone, which was established pursuant to Florida Administrative Code Section 68C-22.025(1)(a)22, and extends outward to 100 feet of the general contour of the southwesterly, northwesterly and northeasterly shoreline of the Monument Island (see Exhibit A); and W H E R EA S , the slow speed zone around Monument Island is fully encompassed by a year-round zone (a designated watersports area), which prohibits the operation of any vessel, including personal watercraft, at speeds greater than 35 miles per hour pursuant to Florida Administrative Code Section 68C-22.025(1)(0)2 (see Exhibit A); and W H E R EA S , the City of Miami Beach hosts approximately 13.3 million visitors each year, and is considered one of the world's most popular tourist destinations because of its beaches, crystal-clear blue water, and amazing tropical environment; and W H E R E A S , numerous water activities, including parasailing, powerboating, and operating personal watercraft are popular waterborne activities, which are enjoyed by both residents of Miami-Dade County and tourists; W H E R E A S , the proximate location to South Beach, Monument Island, and luxury residential homes has attracted an extensive amount of people to this designated watersports zone, which is a popular area for tour boats, personal watercraft, and recreational boaters; and W H E R E A S , alcohol consumption, drug use, and general reckless activities proliferate on both, the beaches of Monument Island and in the designated watersports area, as people drink, party, and engage in debauchery on personal boats, tourist boats, and personal watercraft, often operating the vessels under the influence of either alcohol, or other illegal substances; and W H E R E A S , the year-round presence of boats and personal watercrafts, many of which are operated under the influence of alcohol and/or drugs, results in unsafe levels of vessel traffic congestion that create a significant risk of collision, or a significant threat to boating safety; and W H E R E A S , the City's Marine Patrol reports that boaters and jet skiers often violate the allowable 35 miles per hour speeding limit zone, and that accidents in the area have resulted in serious injuries or death; and WHEREAS, since 2014 through May of 2019, there have been 595 boating violations issued within the watersports zone, with a number of boating crashes within and just outside of the watersports area; and WHEREAS, since February of 2015, police and fire boats have responded to 346 incidents within this watersports area; and WHEREAS, the City of Miami Beach is authorized to regulate vessel operations, including the speed and wake of vessels, by ordinance, under Section 327.46(1)(c) of the Florida Statutes, subject to review by the Florida Fish and Wildlife Conservation Commission to determine that substantial competent evidence exists to show the ordinance is necessary to protect public safety; and WHEREAS, the Mayor and the City Commission hereby find that eliminating the 35 miles per hour watersports area around the Monument Island and designating that area as a year-round slow speed zone is necessary for the health, welfare, and safety of both, residents and tourists; and WHEREAS, the City Commission adopted Ordinance No. 2015-3961, that gives the City the authority to establish a regulatory zone within a 500-foot radius of any public launching and landing facility pursuant to Section 327.46(1 )(b)(1 )(a) of the Florida Statutes; and WHEREAS, the establishment of a 500-foot buffer around the Miami Beach Marina would create an unregulated high-speed corridor west of Meloy Channel, east of the US Coast Guard Island, and south of the MacArthur Causeway; and WHEREAS, the boundaries codified in Section 66-43(b)(3) must be amended to protect public safety; and WHEREAS, the City has the authority to establish a regulatory zone for the waterway west of Meloy Channel, east of the US Coast Guard Island, and south of the MacArthur Causeway pursuant to Section 327.46(1)(c) of the Florida Statutes, subject to review by the Florida Fish and Wildlife Conservation Commission to determine that substantial competent evidence exists to show the ordinance is necessary to protect public safety. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: 2 S E C T IO N 1. That Section 66-43 of Article II of Chapter 66 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES, AND VESSELS * * * ARTICLE II. RESTRICTED WAKE ZONES * * * Sec. 66-43. Restricted areas. (a) The areas of enfo rcement of the provisions of this section shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with F.S. § 327.46. (b) Idle Speed, No W ake Zones shall be established at the following locations: ( 1) Within a 500-foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. See Area A on Appendix 1. (2) Within a 300-foot radius of the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club Marina which obstructs the view between the Biscayne Bay and the channel between the Miami Beach Island and Sunset Island IV, excluding however the area of the 300-foot radius circle which is greater than 150 feet north of the northern bound of the Sunset Harbor Yacht Club Marina. See Area Bon Appendix 1. (3) All waters adjacent to the Miami Beach Marina from shoreline to shoreline bounded on the north by the MacArthur Causeway Bridge and bounded on the south by a line drawn from the southeastern most point of the US Coast Guard Causeway Island (25770.- 80.144) to a point on the Southeastern shoreline of Miami Beach (25_767, -80_137) Within a 500 foot radius of the launching and landing facilities at the Miami Beach Marina (see Area A on Appendix 2) and within a 300 foot radius of the blind corners on the northe ast an d south east corners of USCG Causew ay Island and such oth er are as wher e the visibility is obstructed for vessels and other users in the adjacent areas generally boun ded on the north by MacAr thur Causew ay, on the west by lSCG Causew ay Island, and on the south by the northern boundary of Government Cut (see Area A and B on Appendix 2). (c) A Slow Speed, Minimum W ake Zone shall be established: ill That portion of Biscayne Bay which lies west of the northern portion of the Sunset Harbor area of Miami Beach, and east of the northern mid-point of Belle Isle, and excluding the shoal area in the vicinity east, north, and south of Marker 5, and bounded to the north by the imaginary line which is a westward extension of the northern boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas otherwise designated herein as Idle Speed, No W ake Zones. See Area C on Appendix 1. 3 Cl ¡fi 2 al ...I - i a t t t a :i333333 7 Zs3 > > ill Those waters of Biscayne Bay, westerly of the westerly boundary of the channel commonly known as the Meloy or East Channel, northerly of a line which bears 90 located approximately 200 feet northerly of the northernmost tip of Star Island, northeasterly of a line which is approximately 200 feet northeasterly of and parallel with the general contour of the northeasterly shoreline of Hibiscus Island, southeasterly of a line which bears 25º running through the southernmost tip of Di Lido Island (approximate latitude 25º 47' 10" North, approximate longitude 80º 09' 32" West), southerly of a line which bears 90º located approximately 200 feet southerly of the southernmost tip of Rivo Alto Island, southerly of a line which bears 90º easterly of Rivo Alto Island located approximately 300 feet northerly of the southernmost tip of Rivo Alto Island, and southeasterly of a line approximately 200 feet southeasterly of the general contour of the southeasterly shorelines of Di Lido and Rivo Alto Islands and excluding those waters of Biscayne Bay lying within 100 feet of the general contour of the southwesterly, northwesterly and northeasterly shoreline of the Flagler Memorial Monument Island, southwesterly of a line which bears 308º running through Red Nun Bouy_"2" (latitude 25º 47' 05" North, longitude 80º 09' 01" W est), westerly of a line bearing 90º running through 4 R e d N u n B o u y "2 ", n o rt h e rly o f la titu d e 2 5 º 4 7' 0 0 " N o rt h , a n d n o rt h e a s te rly o f a lin e w h ic h b e a r s 3 0 8 º lo c a te d a p p ro x im a te ly 1 0 0 fe e t s o u th w e s te rly o f th e s o u th w e s te rn m o s t tip o f th e F la g le r M e m o r ia l M o n u m e n t Is la n d . (S e e A p p e n d ix 3 ). Biscayne Bay orth Miami Beach k * k 5 SEC T IO N 2. C O D IF IC A T IO N It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the _/ day or _Deeley 2019. PASSED AND ADOPTED this // day of .Decemohe, 2019. ATT EST: ~,_.__ __ 5an Glen, May67 R (Sponsored by Mayor Gelber) Underline denotes additions Strikethrough denotes deletions APPROVED AS TO GUAGE UTION 6 1 1 3 0W 80'12 0"w 80'80'W 80 7 0 W 80 ' e] - · pi[ [c c-22075@. 1-?%%l. icw channel' } lg Slow Speed Nov 15-Apr30 'g 30 MPH May 1-Nov 14 l MArkr '31'to 100' N of Venetian Cswy Bridge centerline 68D-24.013(1)(a)6. CW Channel Idle Speed All Year 100 yd N of Venetian Cswy to souther tip of Claughton Is 68C-22.025(1)(b)4. Slow Speed Nov 15-Apr 30 30 MPH May 1 - Nov 14 6C-22.025(1)(a)8. ? [Slow Speed All Year Waters of Biscayne ll.l.l_;~~_;,.__;f!:!;!:::;!:~~~~~~~::....7-:;;:--E ~-¡--z -Î Bay & Sunset Lk, S of ? ¡Julia Tutue Cswy CL i ItoNof Venetian Cswy e ICL.exceptas dsgo 68D0-24.013(1)(a)6. » ICWChannel Idle Speed All Ye 68C-22.025(1)(a)9 Siow Speed Áil Y 68C-22.025(1)(a)9. Slow Speed All Year Waters of Biscayne Bay (includes main mrkd heh]fly}Cl{ins Canal, & Indian Crk, S of Venetian Cswy CL to N of MacArthur Cswy CL, except as dsgn --- ..... : 68C-22.025(1 Slow Speed l(c)4. s. Tt=> (a)6. I Year 68C-22.025(1)(i)2. 35 MPH All Year 6C-22.0251)(6) iotorboats Prohibited AII Year Within 400' SE shore of Fisher island 68C-22.025(1)(a)21. 1000' Slow Speed Buffer All Year. Excludes main marked channel of ICW 68C-22.025(1)(9)2. 30 MPH All Year 68C-22.025(1)a)22. Slow Speed All Year 68C-22.025(1)(9)3. 30 MPH All Year 68D -24.013(1)a)7. ICW Channel Idle Speed All Year 100 yards both sides of Rickenbacker Cswy Brdg ,, scayne Bay 68C-22.025(1)(a)15. 1000' Slow Speed Buffer} r All Year. 9 I I I! f - / ~ \ )\ ape orida MI -D AD E COUNTY C & U SF W S MANATEE PROTECTION AREAS I FWC BOATING RESTRICTED AREAS Zone Type Legend No Entry All Year [j Motorboats Prohibited All Year [ ] Idle Speed AII Year [IJJ Slow Speed All Year llin] sow Speed Nov 15-Apr 30 30 MPH May 1- Nov 14 70] Slow Speed Nov 15-Apr 30 35 MPH May 1-Nov 14 Zn] 30 MPH AI Year [a729] 35 MPH AI Year N # o Miles These maps show ONLY the FWC Manatee Protection Zones, FW C Boating Res tricted Areas, and USFW S Manatee Protection Areas {if applicable). There may also be other Local/State/Federal Zones. Boaters are advised to abide by the regulations as posted on the water. CONFIGURATION OF FW ACCURATE AS OF JANU For description of zone boundaries: See 68C-22.025 F A.C for State Manatee Protection Zan See 68D-24.013 F .A.C. for State Boating Restricted Are 50 CFR part 17.108 Federal Manatee Protection Areas EXHIB IT E 26 N E I I NEIGHBORS I SUNDAY DECEMBER 1 2019 MIA MIHÉRAL D COM MIAMI BE A C H CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING DECEMBER 11, 2019 NOTICE IS HEREBY given that the following Second Reading Public Hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 11, 2019 at 10:30 a.m., or as soon thereafter as the matter can be heard: 10:30a.m. Second Reading Public Hearing AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION (C) THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONES BY ADDING A YEAR-ROUND SLOW SPEED ZONE AROUND FLAGLER MEMORIAL ISLAND (THE "MONUMENT ISLAND"); AND BY AMENDING SUBSECTION (8) THEREOF TO AMEND THE BOUNDARIES OF THE IDLE SPEED, NO WAKE ZONE IN THE AREA OF THE MIAMI BEACH MARINA; AND PROVIDING FOR REPE ALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and§ 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673. 7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 121119-04 Page 343 of 720 2 2 N E I I NEIGHBORS I SUNDAY NOVEMBER 24 2019 MIAMIHERALO.COM M IAM I BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING DECEMBER 11, 2019 NOTICE IS HEREBY given that the following Second Reading Public Hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 11, 2019 at 10:30 a.m., or as soon thereafter as the matter can be heard: 10:30 a.m. Secon d Reading Public Hearing AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 EN TI T LE D "RESTRICTED AREAS," BY AMENDING SUBSECTION (C) TH ER E OF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONES BY ADDING A YEAR-ROUND SLOW SPEED ZONE AROUND FLAGLER MEMORIAL ISLAND (THE "MONUMENT ISLAND"); AND BY AMENDING SUBSECTION (B) THEREOF TO AMEND THE BOUNDARIES OF THE IDLE SPEED, NO WAKE ZONE IN THE AREA OF THE MIAMI BEACH MARINA; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2. 05 of the City Charter and $ 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305. 673. 7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1"Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 121119-04 HEALTH & FITNESS He beat bulimia and now will run in the Turkey Trot BY RODOLFO ROMAN Special to the M iami H erald Sebastian Perez's tough- est challenge wasn't run- ning the Miami Half Mara- thon, but in battling buli- mia, the eating disorder that involves binge eating and purging. In January, the 21-year- old ran in the 13.1-mile Miami Half Marathon, col- lapsing during the race. "They took me to the hospital," said Perez, a graduate of TERRA Envi- ronmental Research In- stitute, the high school in Southwest Miami-Dade and who was working in McDo- nald's at the time. "I asked for help. I stopped running." Perez was diagnosed with bulimia during his first year at Miami-Dade College in 2017, but his condition began during his senior year of high school when he became obsessed with what he should and should not eat. He would often wake up at 3 a.m. to run. By early 2018, the lack of proper nutrition and exces- sive exercise led him to develop severe dehydration and malnutrition. Doctors had to insert a feeding tube. "I would eat in the morn- ing whatever I wanted and then I would have episodes of purging because I felt guilty," said Perez."I wouldn't eat all day to com- pensate and I would run excessively." Over a two-month period - December 2018-January 2019 Perez dropped about 40 pounds, going from 140 pounds to nearly 100. In 2018, Sebastian Perez ran in the Cuban half marathon, placing 38th. "It was getting bad at work I would get anxiety attacks. I would use my breaks and run in my McDonald's uni form," said Perez, who did not tell anyone about his disorder, fearing people wouldn't believe a man could have an eating disorder. In fact, men make up about 25 percent of bulimia cases, according to the National Eating Disorders Association. "Running was my escape and source of comfort," said Perez. "I was in a trance when I was running. An eating disorder is more than just the food. It's more than the nutrition, but also a lot of psycholog- ical factors." Running teammate Mal- lie Lesniewski noticed Perez's weight loss. "It's something that is unfortunate, and most likely it is a lifelong battle Miami Herald Media Company 3511 NW 91 Avenue Miam i, FL 33172 m ont ai «r ot» [I II.TI AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 183349 0004469429-01 AD 121119-04 Attention: CITY OF MIAMI BEACH CITY CLERK 1700 CONVENTION CENTER DR MIAMI BEACH, FL 331391819 PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: VELI NA DAVIS, who on oath says that he/she is CUSTO DIAN O F RECO RDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of the advertisement that was published was published in said newspaper in the issue(s) of: Publication: Neighbors Zone: MIA-Zone4 November 24, 2019 Affiant further says that the said Neighbors is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered a seccnd class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s). Sworn to and subscribed before me this 3rd, day of December, 2019 sijz ç.. 1S VERA ·%ök£ sary ui« · sote o Ft6ni» +3,U 3: comm i ssion + GG 27502 ?¿f comm. Expres Nov 13, 2022 "onced through National Notary Assn. 2 6 N E I I NEIGHBORS I SUNDAY DECEMBER 1 2019 MIAMIHERALD.COM $ BIGGER SAVINGS FOR BIGGER ADVENTURES A great rate makes all the difference. 13 MONTH CD 2.0: O p e n a CD at any V alle y b ran ch o r o n line at Valle y.com /13M CDM H - gro w you r savings w ith the pe ace o f m in d th at co m e s w ith FD IC insurance. New Money Only 2val ley You Made Possible. Mi nim um depost ot $500 wth a m axi mum of $500.000. The Ann ual Percentage Yeld AP is etecti e z:.2.±:.526 :E2E22:±7:2±:±.0 represent ative for com plete terms and condi tion s. 0 2019 Vale/ Nation al Ban k Member FDIC. Equal Opportun ity Lender. AII Rights Reserv ed VCS-8781 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING DECEMBER 11, 2019 NOTICE IS HEREBY given that the following Second Reading Public Hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 11, 2019 at 10:30 a.m., or as soon thereafter as the matter can be heard: 10:30 a.m. Se cond Reading Public Hearing AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 ENTI TLE D "RESTRICTED AREAS," BY AMENDING SUBSECTION (C) THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONES BY ADDING A YEAR-ROUND SLOW SPEED ZONE AROUND FLAGLER MEMORIAL ISLAND (THE "MONUMENT ISLAND"); AND BY AMENDING SUBSECTION (8) THEREOF TO AMEND THE BOUNDARIES OF THE IDLE SPEED, NO WAKE ZONE IN THE AREA OF THE MIAMI BEACH MARINA; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and $ 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673. 7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 121119-04 M iam i Herald Media Company 3511 NW91 Avenue M iam i, FL 33172 maroniti«r EI IITET AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 183349 0004469439-01 AD 121119-04 Attention: CITY OF MIAMI BEACH CITY CLERK 1700 CONVENTION CENTER DR MIAMI BEACH, FL 331391819 PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: VELINA DAVIS, who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of the advertisement that was published was published in said newspaper in the issue(s) of: Publication: Neighbors Zone: MIA-Zone4 December 01, 2019 Affiant further says that the said Neighbors is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered a second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s). Sworn to and subscribed before me this 3rd, day of December, 2019 sijz., 1IS VIERA 9ró@ aary u • sote o' Flor» 3US'i commi ssion + GG 257502 ?sf wycomm. Expires Nov 13, 2022 Bon ded through National Notary Assn . O r d in a n c e s - R S F MIAMI BEACH CO MMISSION MEMORA NDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: December 11, 2019 10:30 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION (C) THEREOF REGARD I NG THE SLOW SPEED, Ml NI MUM WAKE ZONES BY ADDI NG A YEAR-ROUND SLOW SPEED ZONE AROUND FLAGLER MEMORIAL ISLAND (THE "MONUMENT ISLAND"); AND BY AMENDING SUBSECTION (B) THEREOF TO AMEND THE BOUNDARIES OF THE IDLE SPEED, NO WAKE ZONE IN THE AREA OF THE MIAMI BEACH MARI NA; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMEND AT ION Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted for consideration by the City Commission at the October 16, 2019 Commission meeting. Applicable Area Not Applicable Is this a Resident Right to Know item? No Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber Does this item utilize G.O. Bond Funds? No ATTACHMENTS: Description Page 333 of 720 Ordi nan ce Ad 1 o Ad2 Page 334 of 720 22NE I I NEIGHBORS I UNDAY NOVEMBER 24 2019 MA MIHERALD.OM M IAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING DECEMBER 11, 2019 NOTICE IS HEREBY given that the following Second Reading Public Hearing will be heard by the Mayor and City Commissioners ot the City of Miami Beach, Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 11, 2019 at 10:30 a.m., or as soon thereafter as the matter can be heard: 10:30 a.m. Second Reading Public Hearing AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES, AND VESSELS," BY AMENDING ARTICLE 11, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION 66-43 ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION (C) THEREOF REGARDING THE SLOW SPEED, MINIMUM WAKE ZONES BY ADDING A YEAR-ROUND SLOW SPEED ZONE AROUND FLAGLER MEMORIAL ISLAND (THE "MONUMENT ISLAND"); AND BY AMENDING SUBSECTION (B) THEREOF TO AMEND THE BOUNDARIES OF THE IDLE SPEED, NO WAKE ZONE IN THE AREA OF THE MIAMI BEACH MARINA; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and $ 16.041 F.S. inquiries may be directed to the Ofice of the City Attorney at 305.673.7470. INTERESTED PARTI ES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" FIoor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its héaring, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 tor Spanish, then option 6; TT users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 121119-04 Page 342 of 720