Ordinance 2021-4434 ORDINANCE NO. 2021-4434
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE V, ENTITLED "BEACHES," TO CREATE
DIVISION 4 THEREOF, TO BE ENTITLED "BEACH AND DUNE
PROTECTION," RELATING TO PROTECTION OF THE CITY'S
BEACHES AND DUNES; ESTABLISHING THE PURPOSE AND INTENT
OF THE ARTICLE, CREATING DEFINITIONS, PROHIBITING CERTAIN
ACTIVITIES IN ORDER TO PROTECT THE CITY'S DUNE SYSTEM,
IDENTIFY PERMITTED ACTIVITIES, AND PROVIDING FOR
ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, climate change, sea level rise, and beach erosion all threaten Miami Beach's
coastal protection; and
WHEREAS, beaches and dunes are a strategic aspect of the City of Miami Beach's("City")
green infrastructure, which safeguard upland properties from the effects of storm surge during
storm events; and
WHEREAS, in 1975, the United States Army Corps of Engineers, in coordination with the
Florida Department of Environmental Protection ("FDEP"), built a non-vegetated levee for storm
protection as part of the 50-year Miami-Dade County Beach Erosion Control and Hurricane
Protection Project; and
WHEREAS, due to high pedestrian and vehicular traffic, the levee degraded quickly and
was deemed ineffective; and
WHEREAS, in the mid-1980s, under a state grant, the FDEP rebuilt the levee and fortified
it with dune vegetation; and
WHEREAS, in 2016, the Mayor and City Commission adopted Resolution No. 2016-
29296, approving the City's Beachfront Management Plan,which includes the Dune Management
Plan; and
WHEREAS, the FDEP Acquisition and Restoration Council approved the City's
Beachfront Management Plan on August 19, 2016 pursuant to Management Agreement No. 750-
0006; and
WHEREAS, the Beachfront Management Plan provides a guide for operation,
maintenance, and management of the City's beach and dune system to protect existing natural
resources, and improve public access; and
WHEREAS, the Dune Management Plan outlines the framework and specifications that
the City will use to foster and maintain a healthy, stable, and natural dune system; and
WHEREAS, additionally, the Dune Management Plan emphasizes preserving the
structural integrity of the dune, and protecting dune vegetation from human impacts; and
WHEREAS, Section 161.053(2)(a), Florida Statutes, in pertinent part, prohibits any
person,firm, corporation, or governmental agency from "mak[ing] any excavation, remov[ing] any
beach material, or otherwise alter[ing] existing ground elevations; driv[ing] any vehicle on, over,
or across any sand dune; or damage[ing] . . . such sand dune or the vegetation growing thereon
and
WHEREAS, the City Commission desires to adopt regulations that protect the City's dune
system, and prohibit unauthorized or disturbing activities that may lead to the degradation of the
natural or restored dune resources.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 4 of Article V of Chapter 82 of the Code of the City Miami Beach
is hereby created as follows:
CHAPTER 82
PUBLIC PROPERTY
Article V. BEACHES
* * *
DIVISION 4. DUNE PROTECTION
Sec. 82-479. Purpose and Intent.
The purpose of this division is to establish reasonable regulations that will protect the public
investment in the beaches and dunes, protect public and private infrastructure, and minimize
expenditure of public funds for costly storm recovery projects due to adverse impacts associated
with storm surge or wave action resulting from impairment of, or damage to, protective dune
resources. The regulations are intended to encourage the growth, expansion, and vitality of the
dune system, preserve endangered and threatened wildlife, prevent harm or degradation to the
valuable and protective vegetative sand dune resources from unauthorized foot or vehicular
traffic, unauthorized digging, mining or other unnatural alteration of the dunes, unauthorized
staging of construction materials or other unauthorized construction activity, installation of
vegetation inconsistent with sand dune systems, pet activity, or other unauthorized or disturbing
activities that may lead to the gradual, immediate, or cumulative degradation of the natural or
restored dune resources. This article is intended to achieve these purposes by:
a) Prohibiting unauthorized activities in the dunes that threaten the integrity of the dune
system; and
Identifying and mitigating damaging, unacceptable, and detrimental activities within the
dune system.
Page 2 of 7
Sec. 82-480. Scope.
This division applies to all areas of the dune within the City of Miami Beach from Government Cut
to the City Boundary at 87th Terrace.
Sec. 82-481. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized Vehicular Traffic means use of personal vehicles, equipment, or utility terrain
vehicles ("UTVs") that have been approved for use on the beach, including government marked
vehicles, public safety vehicles, and vehicles permitted for temporary access under a concession
agreement or special event permit.
Beach Equipment means any man-made_apparatus or paraphernalia designed or
manufactured for use, or actually used on the beach, or in the adjacent tidal waters, including but
not limited to chairs and lounges, umbrellas, sailing vessels up to 16 feet in length, personal
watercraft, canoes, kayaks, paddles vessels, sailboards, surfboards, fishing gear, sporting
equipment, floatable devices, tents and bicycles.
Department means the City of Miami Beach Environment and Sustainability Department.
Dune means the vegetated areas east of the beachwalk system to the easternmost limit
of existing vegetation. In areas where a beachwalk system has not yet been constructed or is
constructed within the dune system, the dune system shall constitute the continuously vegetated
area bound by the Erosion Control Line ("ECL") to the west and by rope and post and/or sand
fencing to the east. Where the dune is adjacent to public parks or areas designated as
conservation areas, the dune shall also include areas of native dune vegetation west of the ECL
enclosed by rope and post and/or sand fencing.
Dune crossover means the path intersecting the dune system which is designated by the
City of Miami Beach for beach access.
Excavation means the removal or alteration of dunes and dune vegetation and scraping,
grading, or dredging a site.
Green Infrastructure means both the natural environment and engineered systems to
provide clean water, conserve ecosystem values and functions, and provide a wide array of
benefits to people and wildlife.
Person means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, and/or any group of people acting
as an organized entity.
Regular maintenance activities includes but it not limited to mowing, edging, line trimming,
irrigation system operation maintenance/repair, litter retrieval and waste disposal, pruning,
mulching, weeding, landscape maintenance, pesticide and fertilizer applications, replacement of
Page 3 of 7
plants as required, and rope and post maintenance, as conducted by City of Miami Beach
contractors and employees. All routine landscape maintenance services for the dune should
follow the guidelines set in the City of Miami Beach Dune Management Plan.
Restoration means the full removal and off-site disposal of non-native invasive, and/or
pest plant species.
Staging or staging area means a location where people, vehicles, equipment, and
materials are assembled before use.
Substantial improvement means the creation of vehicular or pedestrian trails, landscape
work that adversely affects dunes or dune vegetation, and increases the size of any structure.
Wildlife means those native species who live and grow in the dune system, including birds,
reptiles, mammals, insects that are found in a natural dune ecosystem throughout South Florida.
Sec. 82-482. Prohibited activities.
tea) It shall be unlawful and prohibited for any person to conduct or permit to be conducted any
of the following activities upon the dune:
fl) Harass, molest, or disturb wildlife and plant vegetation;
LZ) Maintain a dump of, or discard of, sand, rock, or other debris;
3) Leave human or animal waste;
al Discard or abandon animals;
05) Excavate, mine and remove, or haul sand or soil from the beach or dune;
( ) Plant vegetation, except as (i) permitted under the Beachfront Management Plan
(which includes the Dune Management Plan), and (ii)approved by the Department
Director;
j) Relocate or remove vegetation, except as (i) permitted under the Dune
Management Plan, and (ii) approved by the Department Director;
(8) Store beach equipment, tents, or other materials in the vegetated dune area.
j9) Destroy, mutilate, break, move, tear up, carry away, harvest, traverse upon, or
alter in any manner any dune and/or beach vegetation, fencing, rope and post,
public access structures, public beach structures, or fixtures occurring naturally or
planted or erected by the City or its agents;
(10) Walk or traverse in the dune;
(11) Drive or operate a motor vehicle;
(12) Stage or place any material or equipment, including for construction
activities;
(13) Light or maintain any open fire.
Sec. 82-483. Permitted activities
0.) Foot(pedestrian)traffic and vehicular traffic authorized under the Beachfront Management
Plan are permitted in designated dune crossovers or other designated beach access
points.
b) Organized volunteer dune restoration and planting events may be permitted and are
subiect to the approval of the Department Director.
Page 4 of 7
All work in the dune must comply with the City of Miami Beach Beachfront Management
Plan (including the Dune Management Plan).
ifij Any work conducted in the dune as required by FDEP through the Coastal Construction
Control Line Permit Program shall require the prior written approval of the Department
Director. A City right-of-way permit shall be required prior to the commencement of any
work in the dune. Any work conducted in the dune shall be required to comply with the
City's Beachfront Management Plan (including the Dune Management Plan).
() Maintenance pruning may be requested by adjacent upland properties. Such request shall
be made to the Department Director and will be reviewed and approved on a case-by-
case basis. Maintenance pruning work may only be conducted by City staff or its
contractors, unless otherwise approved by the Department Director.
U) City of Miami Beach contractors and employees are permitted in the dunes to conduct
regular maintenance activities associated with vegetative maintenance pursuant to the
City's Dune Management Plan and regular cleanliness management.
Sec. 82-484. Enforcement and penalties.
Fines collected under this division shall be(i)deposited in the Sustainability and Resiliency
Fund, established in Sec. 133-8, and (ii) used by the City for the administration and
enforcement of, and public outreach relating to, this division, and for improvements that
protect and enhance the City's dune system.
fill If a Code Compliance Officer finds a violation of this article, the Code Compliance Officer
shall issue a notice of violation. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for paving
the fine, that the violation may be appealed by requesting an administrative hearing before
a special master within ten (10) days after service of the notice of violation, and that the
failure to appeal the violation within ten (10) days of service shall constitute an admission
of the violation and a waiver of the right to a hearing.
A violator who has been served with a notice of violation must elect to either
1. pay the following civil fine:
() First violation within a 12-month period $1000.00;
Second violation within a 12-month period $2000.00;
Third or subsequent violation within a 12-month period $3000.00;
Or
2. request an administrative hearing before a special master to appeal the notice of
violation, which must be requested within ten (10) days of the service of the notice
of violation. The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.Applications
Page 5 of 7
for hearings must be accompanied by a fee as approved by a resolution of the City
Commission, which shall be refunded if the named violator prevails in the appeal.
Lcil Failure to pay the civil fine, or to timely request an administrative hearing before a special
master, shall constitute a waiver of the violator's right to an administrative hearing before
the special master, and shall be treated as an admission of the violation, for which fines
and penalties shall be assessed accordingly. Unpaid fines shall accrue interest at the
highest legal limit authorized by law.
l'] A certified copy of an order imposing a fine may be recorded in thepublic records, and
thereafter shall constitute a lien upon any real or personal property owned by the violator,
which may be enforced in the same manner as a court iudgment by the sheriffs of this
state, including levy against the violator's real or personal property, but shall not be
deemed to be a court iudgment except for enforcement purposes. After three months
following the recording of any such lien that remains unpaid, the City may foreclose or
otherwise execute upon the lien for the amount of the lien, plus accrued interest, collection
costs, and attorneys' fees.
in The special master shall be prohibited from hearing the merits of the notice of violation or
considering the timeliness of a request for an administrative hearing if the violator has
failed to request an administrative hearing within ten (10) days of the service of the notice
of violation. The special master shall not have discretion to alter the penalties prescribed
in this article. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
The violator shall pay for any fines being assessed to the City as a result of violation of
this article.
111) The violator is responsible for reimbursement to the City of all investigative and restoration
costs incurred by the City. Costs shall include, but are not limited to, cost of equipment
operation and maintenance associated with the investigation or restoration, cost of
materials used in the investigation, personnel cost of contract services, re-planting costs,
and labor costs. The City shall submit an itemized invoice with all the reimbursable costs
to the violator.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. 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.
Page 6 of 7
SECTION 5. EFFECTIVE DATE. //]
This Ordinance shall take effect on the 7 day of /4114 , 2021.
PASSED AND ADOPTED this a 9 day of W , 2021.
ATTEST:
/V r Dan Gelber, Mayor
t/2aq
Rafael E. Granado, City ClerkI S.
r+✓y Gd"-}l
liPcORPanATED•• s'
(sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney ( r Date
Page 7 of 7
Ordinances-R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
10:40 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI
BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE V, ENTITLED "BEACHES," TO CREATE DIVISION 4 THEREOF,
TO BE ENTITLED "BEACH AND DUNE PROTECTION," RELATING TO
PROTECTION OF THE CITY'S BEACHES AND DUNES; ESTABLISHING
THE PURPOSE AND INTENT OF THE ARTICLE, CREATING
DEFINITIONS, PROHIBITING CERTAIN ACTIVITIES IN ORDER TO
PROTECT THE CITY'S DUNE SYSTEM, IDENTIFY PERMITTED
ACTIVITIES, AND PROVIDING FOR ENFORCEMENT AND PENALTIES;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the adoption of the attached Ordinance.
BACKGROUND/HISTORY
Coastal dunes are habitat for wildlife and support native flora and fauna. They also keep
beaches healthy by accreting sand and minimizing beach erosion rates. The dunes protect
coastal infrastructure and upland properties from storm damage by blocking storm surge and
absorbing wave energy. In 1975 the United States Army Corps of Engineers (USACE) in
coordination with the Florida Department of Environmental Protection (FDEP) built a non-
vegetated levee for storm protection as part of the 50-year Miami-Dade County Beach Erosion
Control and Hurricane Protection Project. Due to high pedestrian and vehicular traffic, the levee
wore down quickly and was deemed ineffective. In the mid-1980s, through the acquisition of a
state grant, the FDEP rebuilt the levee and fortified it with dune vegetation.As a strategic part of
our green infrastructure, a healthy dune system is an invaluable asset to coastal communities
like Miami Beach.
In 2016 the City of Miami Beach adopted the Dune Management Plan outlining the framework
and specifications that the City will use to foster and maintain a healthy, stable, and natural dune
system. The plan included planting specifications and vegetation management guidelines.
On May 26, 2021, the Land Use and Sustainability Committee (LUSC)discussed the adoption
Page 925 of 2012
of an ordinance for dune protection to prevent the destruction or modification of the protective
dune system. The LUSC referred the proposed attached ordinance by acclamation to City
Commission for first reading. The proposed ordinance protects the coastal dune system from
unauthorized activities that threaten the dune system's integrity, health and habitat.
ANALYSIS
Common threats to the dunes include invasive, non-native vegetation, trampling from
trespassers (e.g., general public, vagrants), and unauthorized trimming. Florida Statue Section
161.053(2)(a) prohibits any person, firm, or governmental agency from damaging sand dunes or
the vegetation growing on the dune system. Despite these statues, illegal removal, alteration,
and trimming of dune vegetation occurs regularly by private properties adjacent to the dune. The
City Code does not have provisions to protect the dune system. The proposed ordinance
prohibits the destruction or modification of the dune system so that it may continue to provide
habitat for wildlife and reduce impacts from storm surge for both public and private property.
In 2016, the City conducted a large-scale dune restoration project and initiated an on-going
maintenance program. Through the City's Greenspace Management Division, coastal areas are
on a regular maintenance schedule that includes trimming, litter removal, and invasive species
removal. To protect the dunes, only City staff or the City's landscape contractors should perform
maintenance in this area.
Local coastal governments in Florida, such as St. Augustine and St. Lucie County, have
adopted dune protection ordinances to safeguard this natural resource. The proposed
ordinance draws from best management language from these ordinances to prohibit the
alteration of dune vegetation and establish fines and enforcement procedures. The draft
ordinance regulates the following:
• Establishes prohibited activities in the dune, including alteration of vegetation, storage of
equipment, and vehicular activity.
• Establishes activities permitted in the dunes, such as maintenance conducted by City
contractors and City approved volunteer restoration events.
• Establishes the following penalty pay schedule:
o First violation within a 12-month period: $1,000.00
o Second violation within a 12-month period: $2,000.00
o Third or more violation within a 12-month period: $3,000.00
• Fines collected will be deposited into the Sustainability and Resiliency Fund, used to
increase the resiliency of the City and fund ecosystem restoration efforts.
SUPPORTING SURVEY DATA
Less than half of Miami Beach residents are satisfied with the City's efforts to be a green or
sustainable city. Dunes are an integral part of the City's green infrastructure and resilience
strategy. Providing protection for the dunes is an important step to increasing community
satisfaction.
FINANCIAL INFORMATION
The proposed Ordinance is not anticipated to require additional City resources.
CONCLUSION
The Administration recommends the adoption of the attached Ordinance.
Page 926 of 2012
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Environment & Infrastructure - Work regionally and nationally to protect Biscayne Bay water
quality and to maintain a healthy dune and beach system.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Ordinance
Page 927 of 2012