Ordinance 2023-4550 ORDINANCE NO. 2023-4550
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, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY CREATING SECTION
82-72 THEREOF, ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS
OF OPERATION AT PUBLICLY-OWNED MARINAS,"TO LIMIT THE HOURS
OF OPERATION FOR COMMERCIAL VESSEL ACTIVITY AT PUBLICLY-
OWNED MARINAS AND MARINE FACILITIES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in 1983, the Mayor and City Commission adopted Resolution No. 83-17385,
approving and authorizing the execution of a Lease Agreement for the construction and
management of the City's only public marina (the "Marina") in the South of Fifth neighborhood;
and
WHEREAS, Miami Beach Marina Associates, Ltd., a wholly owned subsidiary of Suntex
Marina Investors, LLC ("Suntex"), is the current operator and Lessee of the Marina;and
WHEREAS, the City has received numerous complaints from the South of Fifth
Neighborhood Association and residents of the South of Fifth neighborhood, including members
of the condominium associations at the ICON, Murano Grande, Murano Portofino, and Yacht Club
at Portofino, regarding commercial charter vessel operations at the Marina, due to a significant
increase in commercial vessel activity at the Marina in the last few years, particularly during the
COVID-19 pandemic; and
WHEREAS, the quality-of-life complaints related to Commercial charter vessel activity
include unruly commercial charter and boat rental patrons, and disturbances caused by public
intoxication, engagement in excessively loud arguments, playing excessively loud music and
public urination in and around the Marina facilities and parking garages; and
WHEREAS, elected officials, City staff and various representatives of.Suntex, have
participated in numerous meetings with residents and stakeholders concerning these issues; and
WHEREAS, commercial vessel hours of operation at the Marina were addressed at the
February 28, 2023 Public Safety and Neighborhood Quality of Life Committee ("PSNQLC")
meeting, and the PSNQLC favorably recommended adoption of an ordinance to limit the hours of
operation for commercial vessels; and
WHEREAS, the Mayor and City Commission desire to adopt the following regulations in
the City Code of Laws and Ordinances in order to address the concerns and complaints
surrounding commercial vessels at the Marina, which are necessary for the protection of City
residents' quality of life and which are consistent with, and further, the public health, safety and -
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-72 of the City Code shall be created as follows:
CHAPTER 82
PUBLIC PROPERTY
* *
ARTICLE III. USE OF PUBLIC PROPERTY
* * *
DIVISION 1.'GENERALLY
* * *
Sec. 82-72. Commercial vessel activity hours of operation at public marinas.
Definitions. The following words, terms, and phrases, when used in this section, shall have
the meaning ascribed to them in this section, except where the context clearly indicates a different
meaning:.
Marina means any installation operated for profit which exclusively provides any
accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or
servicing of watercraft, located in the waters of the city.
Marine facility means any device, structure, building or component of a marina.
Operate means to navigate or otherwise use a vessel on or in the waters of the city.
Premises means 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.
Vessel includes every description of watercraft used or capable of being used as a means
of transportation on water. The term shall mean any watercraft, and all vessels shall belong to
one of the following classes:
Commercial vessel means and includes every vessel used or operated for commercial
purposes on the navigable waters of the city; that is either carrying passengers
(including, but not limited to, charters and rentals), carrying freight, towing, or for any
other use; for which a compensation is received, either directly or where provided as an
accommodation, advantage, facility or privilege at any place or public accommodation,
resort or amusement.
2
Pleasure vessel means and includes every vessel not within the classification of
commercial vessel. The provisions of this chapter shall apply to rowboats, canoes,
sailboats, except as otherwise expressly provided. The term shall not include a crew
racing shell, which means any shell, gig, barge or other boat designed primarily for the
practice of 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.
.All commercial vessel activity shall be prohibited at public marinas and public marine facilities
each day from 9 P.M. until 7 a.m. the following day. Such prohibition shall include, but not
be limited to, operatinci a commercial vessel, the queueing, of passongors, the embarkation or
disembarkation of passengers, and the loading or unloading of any food, goods, equipment, fuel
or supplies.
Notwithstanding the foregoing, all pleasure vessels, along with commercial fishing vessels,
commercial diving vessels, and educational "eco" or nature tours that are properly registered with
the marina operator as such, shall be exempt from the requirements of this section. It shall be
the sole responsibility of any person ownin. o.eratin• or utilizin. a vessel for commercial activit
to ensure that such vessel is properly and accurately registered with the marina operator for the
purpose of claiming an exemption to the requirements of this section.
This section shall not be construed as to prohibit public marinas and public marine facilities from
providing core marina functions including, but not limited to. utilities. dockage. storage. and other
services typically provided by a marina.
Lci Civil penalties. The code compliance department shall enforce this section. This shall not
preclude other law enforcement agencies from taking any action to assure compliance with this
division and all applicable laws.
If a violation is observed, the enforcement officer shall be authorized to issue a notice of
violation to the commercial vessel. The notice will inform the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for
paying the fine, that the violation may be appealed by requesting an administrative
hearing before a special magistrate within ten days after service of the notice of violation,
and that the failure to appeal the violation within ten days of service shall constitute an
admission of the violation and a waiver of the right to a hearing.
12) A violation of this section shall be subject to the following fines and penalties:
a. If the violation is the first offense, a person or business shall receive a civil fine of
$500.00:
b. If the violation is the second violation within the preceding six months, person or
business shall receive a civil fine of$1,000.00;
c. If the violation is the third violation within the preceding six months, a .person or
business shall receive a civil fine of$2,000.00; and
3
d. If the violation is the fourth or subsequent violation within the preceding six months,
a person or business shall receive a civil fine of$5,000.00, and
any city-issued business tax receipt shall be
revoked.
0.1 A violator who has-been served with a notice of violation must elect to either:
a. Pay_the_civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special magistrate to appeal the notice of
violation, which must be requested within ten days of the service of the notice of
violation.
al 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. A request for the administrative
hearing 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.
0_) If the named violator, after issuance of the notice of violation, fails to pay the civil fine,
or fails to timely request an administrative hearing before a special magistrate, the
special magistrate may be informed of such failure by the code enforcement officer. The
failure of the named violator to appeal the decision of the code enforcement officer within
the prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special magistrate, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed accordingly.
L6j A certified copy of an order imposing a fine may be recorded in the public 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 judgment 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 judgment except for enforcement purposes. On or after the 61st
day following the recording of any such lien that remains unpaid, the city may foreclose
or otherwise execute upon the lien.
I') Any party aggrieved by a decision of a special magistrate may appeal that decision to a
court of competent jurisdiction.
The special magistrate 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 days of the service of
the notice of violation.
The special magistrate shall not have discretion to alter the penalties prescribed in this
subsection.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
4
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on M r , a.0a3
PASSED and ADOPTED this day of Apr, / , 2023.
ATTEST:
-A/7 MAY g 2 2023 Dan Gelber
Mayor
Rafael E. Granado
City Clerk5
UNCO „,
RP ORATEDI
(Sponsored by Commissioner Steven Meiner) v;•..��.
Underline denotes additions.
Strikethrough denotes deletions.
Double underline denotes additions after First Reading.
denotes deletions after First Reading.
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorney nAT Dote
5
•
Ordinances -R5 M
•
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
•
FROM: • Rafael A. Paz, City Attorney
DATE: April 28, 2023
2:35 p.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 CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
BYAMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY CREATING
SECTION 82-72 THEREOF, ENTITLED "COMMERCIAL VESSEL ACTIVITY
HOURS OF OPERATION AT PUBLICLY-OWNED MARINAS," TO LIMIT THE
HOURS OF OPERATION FOR COMMERCIAL VESSEL ACTIVITY AT
PUBLICLY-OWNED MARINAS AND MARINE FACILITIES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
•
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
•
FINANCIAL INFORMATION
None.
Applicable Area
South Beach
•
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No •
Legislative Tracking -
Office of the City Attorney -
Sponsor
Commissioner Steven Meiner and Co-sponsored by Commissioner Alex Fernandez
• Page 626 of 991 •
ATTACHMENTS:
Description
D Commission Memorandum
- D Ordinance
•
•
Page627of991
M AM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
FROM: Rafael A. Paz, City Attorney� ��� Second Reading/Public Hearing
DATE: April 28, 2023
SUBJECT: 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, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED"USE OF PUBLIC PROPERTY," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY CREATING SECTION 82-72 THEREOF,
ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT
PUBLICLY-OWNED MARINAS," TO LIMIT THE HOURS OF OPERATION FOR
COMMERCIAL VESSEL ACTIVITY AT PUBLICLY-OWNED MARINAS AND
MARINE FACILITIES; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
The proposed Ordinance(the"Ordinance"),sponsored by Commissioner Steven Meiner, is submitted
for second reading/public hearing at the April 28, 2023 City Commission meeting. The proposed
Ordinance was approved unanimously at first reading.
The City continues to receive numerous complaints from the South of Fifth Neighborhood Association
and residents of the South of Fifth neighborhood, including members of the condominium
associations at the ICON, Murano Grande, Murano Portofino, and Yacht Club at Portofino, regarding
commercial charter vessel operations at the Miami Beach Marina, a City-owned facility, due to a
significant increase in commercial vessel activity at the Marina in the last few years, particularly during
the COVID-19 pandemic.
The quality-of-life complaints related to charter vessel activity include unruly commercial charter and
boat rental patrons, and disturbances caused by public intoxication, persons engaging in excessively
loud arguments, playing unreasonably loud music and public urination in and around the Marina
facilities and parking garages.
Members of the City Commission, City staff and various representatives of Suntex, have participated
in numerous meetings with residents and stakeholders concerning these issues. Commercial vessel
hours of operation at the Marina were addressed at the February 28, 2023 Public Safety and
Neighborhood Quality of Life Committee ("PSNQLC") meeting, and the PSNQLC favorably
recommended adoption of an ordinance to limit the hours of operation for commercial vessels at the
Marina.
The proposed Ordinance has been revised to incorporate changes approved at first reading, as well
as a few other minor clarifications, as follows:
Page 628 of 991
Commission Memorandum— Creating Section 82-72-Commercial Vessel Hours of Operation at
Public Marinas
April 28, 2023
Page 2
1. Providing that commercial vessel activity shall be prohibited at public marinas from 9 pm.
to 7 a.m. (as approved at first reading);
2. Exempting commercial diving vessels from the requirements of the Ordinance (as
approved at first reading);
3. Establishing that prohibited commercial vessel activity specifically includes any operation
of a commercial vessel during the prohibited hours;
4. Specifying that the commercial vessel owner, operator or person using the commercial
• vessel is solely responsible for properly and' accurately registering the vessel with the
marina as such, for the purpose of claiming an exemption to the Ordinance; and
5. Clarifying that the Ordinance is not intended to prohibit public marinas and public marine
facilities from providing core marina functions including, but not limited to, utilities,
dockage, storage, and other services typically provided by a marina operator.
It is anticipated that the Ordinance, as modified, will serve to mitigate and ameliorate the raucous,
boisterous, unruly and sometimes criminal charter vessel activity occurring at the Marina, and aid in
restoring the quality of life for City residents and other persons visiting or residing in the area.
RAP/MAF/bhs
2
Page 629 of 991