93-2848 Ordinance
ORDINANCE NO.
93-2848
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 21, ENTITLED "LIFEGUARDS, SWIMMING
POOLS AND BATHING BEACHES" BY ADDITION OF
ARTICLE IV, ENTITLED "RESTRICTED SWIM AREAS"
PROHIBITING THE USE OF WATERCRAFT IN
SPECIFIED AREAS OF CERTAIN PUBLIC BEACHES AS
DESCRIBED IN ATTACHED APPENDIX "1":
PROVIDING FOR EXEMPTIONS: PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATIONS:
PROVIDING FOR A REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, in order to ensure a safer environment for swimmers
and bathers on public beaches located within the city of Miami
Beach, Florida, it is necessary to restrict the operation of
watercraft in certain areas of those beaches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
ADDITION OF ARTICLE IV TO CITY CODE CHAPTER 21.
That Miami Beach City Code Chapter 21, entitled "Lifeguards,
swimming Pools and Bathing Beaches" is hereby amended by addition
of Article IV, to read as follows:
ARTICLE IV.
RESTRICTED SWIM AREAS
Sec. 21-17.
Definitions.
As used in this Article. the followinq words shall have the
followinq meaninqs:
ill Chase or Emerqencv Watercraft. Watercraft available
solely for the purpose of affectinq a sea rescue in an emerqency
or for the purpose of ensurinq compliance with federal or state
law or city or county ordinances.
The term does not include
watercraft used for rental.
121 Corridor. A defined area within the restricted area
leadinq from the shorel ine to the western boundary of the
restricted area. in which watercraft may be used sub; ect to
conditions set forth in this Article.
.!..2l Licensee. A person or business entity operatinq a
watercraft rental business on a public beach located within the
city of Miami Beach pursuant to a concession aqreement with the
city.
ill. Mechanicallv Powered Watercraft. Watercraft which uses
an internal combustion enqine or an electric motor as its primary
source of motive propulsion. The term includes Personal
Watercraft such as Jet Skis.
i2l Personal watercraft. An inboard vessel. such as a iet
ski. under 16 feet in lenqth which uses an internal combustion
enqine powerinq a water iet pump as its primary source of motive
propulsion and is designed to be operated by a person sitting.
standinq or kneelinq on or beinq towed behind the vessel.
i.2.l Restricted Area. The area defined in sectioni.W.:li and
described in attached ~gg;DII'I! "1".
121 Watercraft. Any contrivance or device used or capable
of beinq used as a means of transportation on the water. The
term shall include but shall not be limited to sun boards. ski
boards. wind surfers. surfboards. sail boats. Personal
Watercraft. MechanicallY Powered Watercraft and water skis.
lID.. Watercraft ODerator. A person who is in actual
physical control of or is steerinq a watercraft or who is
exercisinq control over or steerinq any device beinq towed bY a
watercraft.
Sec. 21-18.
Restricted Swim Areas.
After the effective date of this Ordinance. the areas
located on publ ic beaches wi thin the city of Miami Beach as
described in Appendix "1" shall be known as restricted swim areas
and shall be qoverned bY the provisions of sections 21-19 throuqh
21-21 herein. Such areas shall be marked bY the use of buoys as
described in Appendix "2"
Sec. 21-19.
Watercraft Prohibited in Restricted Swim Areas.
Except as hereinafter provided. after the effective date of
this Ordinance. it shall be unlawful for any licensee or
watercraft operator to steer. propel. operate. cause to be
2
operated or use any watercraft as defined in section 21-17 within
the restricted swim areas as set forth in section 21-18 herein.
Sec. 21-20. ExceDtions.
The followinq shall be exceptions to the restriction set
forth in section 21-18 herein:
ill Chase or Emerqency Watercraft.
ill Watercraft operated bY the federal qoyernment. State.
County or city while enqaqed in law enforcement or other
necessary municipal or governmental tasks.
ill Watercraft operated wi thin a Corridor authorized by the
City of Miami Beach and clearly marked as such by use of buoys or
other markers as approved by the city. the State of Florida
Department of Natural Resources and such federal aqencies whose
approval is or may be required by law.
1..il Surfboards. skim boards and sailboards are permitted in
restricted swim areas 1 and 2 as set forth in Appendix "1".
fillm.li'~DW.X.I~l.glwDio-:.g~':.,II~iEqi-iillll~D:::'I~~;'i:il.8:.\. !:.:.: ii
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Sec. 21-21.
Enforcement; penalties.
ill The provisions of sections 21-18 throuqh 21-20 shall be
enforced by the city of Miami Beach Marine Patrol and other State
and federal authorities havinq iurisdiction over the waters
located within the Restricted Area described in Appendix "1".
ill Any
person.
corporation.
partnership.
limited
partnership. association or other business entity which is
convicted of a violation of this chapter shall be punished by a
fine not to exceed five hundred dollars or by imprisonment in the
county iail for not more than thirty days. or by both such fine
and imprisonment.
SECTION 2.
REPEALER.
All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause or provision of this
3
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect !ffix!i':"~!::Min::::::.:!~~~i1'::::': Iti
I:I:RI!:~.RB'f::
~'
PASSED and ADOPTED this ,~ day of
J
, 1993.
ATTEST:
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CITY CLERK
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City of Miami Beach
"Restricted Swim Area"
Buoy System
APPENDIX "1"
REGULATORY BUOY
UNSINKAOLE - FILLED WII H
URETHANE rOAM
61'
~i-:WIM
t
1_=
3' SII.VER BAND
___________ REFLEClIVE BAND
2' ORANGE BAND
Over 36'
exp06ure
with 6 Ibs.
anchor
tackle
2' Or~ANGE BAND
URETHANE rOAM
~-
CONCRETE BAI.LAST
1/2' DIA. GALVANIZED f~OD
l' J.D. STEEL MOORING EYE
APPENDIX "2"
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RESTRICTED "SWIM AREA" #1
JETIY TOWER (South Pointe)
53' south of south
rail of crossover
100' north of
jetty
/ t
00 - 0 0 - r - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 - 00 - 00_ 00 - 0 0 - OJ 0 0 - 00_ :
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100' 100'
1 250 Feet 1
300 feet
300 feet
Government Cut
North Jetty
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N+S
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RESTRICTED "SWIM AREA" #2
1st STREET TOWER
North parking lot wall of
Penrods Beach Club
South sidewalk
on Biscayne Street
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q-q rq-q-q-q- -q- - - - - -q -q-q-q- q-q -q -q-q - q- q-q-qT q-
100' 100'
1 1
250 FT
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206 feet
206 feet
E RESTRICTED IISWIM AREAII #3
N S 3rd STREET TOWER
w
North boundry
of City Park
(Ocean Beach Park)
South boundry
of City Park
(Ocean Beach Park)
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f.. -..,. -.. -..- ..-..- ..- ..-. .-..-.. _.. - ..-.. -.. -.. -.. -.. -..-.. -..-.. -.. -.. -. .-. r.. -..-. :
: 100' 100' :
~ 1 1 :
250 FT
255 feet
255 feet
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RESTRICTED "SWIM AREAII #6
21 sf STREET TOWER
North sidewalk
adjacent to
22nd Street
South sidewalk
adjacent to
21 st Street
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f H - r - - H - H - H - - H - - H - H - - H - H - H - H - - - H - H -. - H - H - H - H -. r --~
: 100' 100' :
: 1 1 :
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._.. _.. _0' _0. _.. _.. -. .-.. -.. -.. -..-.. -.. -..
270 feet
II
240 feet
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N+S
RESTRICTED "SWIM AREA" #7
35th STREET TOWER
w
North sidewalk
on 36th street
South sidewalk
on 35th street
250 Ft
. _.. _.._.._.. _.. _. ._. ._.. _.. _.. _.. _"_" _'0
14
155 Feet 14
>>..
155 Feet
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N+S
RESTRICTED "SWIM AREA" #8
46th STREET TOWER
w
North boundry
of Municipal
parking lot
19X (4600)
(end of boardwalk)
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r T H - H - - H - H - H - - - - - - - H - - - H - H - - H - H - - H - H - H -. - r-~
: 100' 100'
~ 1 1
South boundry
of Municipal
parking lot
19X (4600)
260 Ft.
.-.. -.. -..-.. -.. -..-..-.. -.. -.. -.. -.. -..-..
'4
284 Feet
.114
300 Feet
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RESTRICTED IISWIM AREAII #9
53rd STREET TOWER
North boundry South boundry
of Municipal of Municipal
pa~~g I~ pa~ng I~
#19B (5300) #19B (5300)
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~ p - r - p - p - p - - - p - p - - - - - p - p - p - - p - p - p - p - - p - p - p -1- p-~
: 100' 100' .
! 1 1 ~...'l :..8........,.............. 25C) Fee
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14
150 feet
III
150 feet
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RESTRICTED "SWIM AREA" #10
64th STREET TOWER
North boundry
of Municipal
parking lot
#198 (6500)
/ \
~ H-r _H _._H_H_ - - H_ H_ H_H _H - _H_H_ H_ - -- H__H _H _H_HrH-
100' 100'
~ 1 1 @
South boundry
of Municipal
parking lot
#198 (6500)
2S0 FT
. _0. _..... ... ... ... ..0 ..0."."."." -.. -..
It
200 feet
...
200 feet
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RESTRICTED "SWIM AREA" #11
74th & 72nd STREET TOWERS
North wall
of the
Sea Gate
7300 Ocean Terr.
t
T - r - H - H - - - - - H - H - - -@ H - H - H - H - H - H - - H - - H - H - T H_1
lOa'
1
100'
1
~ 250 FT
@
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North wall
of the
Days Inn
7450 Ocean Terr.
North wall
of the
Burleigh House
7135 Collins Ave.
E
N+S
w
RESTRICTED IISWIM AREAII #12
80th STREET TOWER
20 feet south of
south boundry
of boardwalk crossover
North side
of 79th street
/ ~
T ..-. .1. -.. -. .-..-.. -.. -.. -.. -.. -..-.-.. -.. -.. -..-..-..-.. -..-.. -..-.. -..-.. -.. -I -..-. :
: T T:
@ @ 2t>O FT
. _.. _.. _.0 _.. _.. _.,_.. _.. _.. _., _.. _'0 -..-.
. _'0 _.. _.. _0. _.. _.. _.'_'0 _.._.._.0 -., -"-'
300 feet
300 feet
COMMISSION MEMO
MAY 5,1993
PAGE 2
ECONOMIC IMPACT ANALYSIS FOR THE PROPOSED LEGISLATION -
CITY ORDINANCE CREAnNG "RESTRICTED SWIM AREAS" (continued)
The additional cost of reDlacina tfIe outboard motors would amount to an averaae of
aDDroximatelv two to three thousand dollars Der vear. Der motor aiven a four to five
vear reDlacement schedule. Currently. the Marine Patrol has an offer from Mariner
Outboards to reDlace their motors each year with new ones for $3000 oer motor.
BENEFITS
The bathina DubUc will continue to be Drotected from the danaers of intrusion bY
Dower boats lindudina Dersonal water craft) into a "Guarded Swim Area". This
Drotection has been Drovided for aDDroximately 10 Years.
5. Wheather the proposed legislation is necessary to enable the City to obtain local,
state or federal grants or other financing.
( Indicate Yes or ~ u
....0.
6. Any other concems the Administration deems necessary to advise the Commission
of, in order to appreciate the economic effects of the proposed legislation.
A small amount of revenue will be aenerated from the issuance of citations I fines to
those boaters that have entered the "Restricted Swim Area". ooerated their vessel in
a danaerous manner or have had imDrooer 80uiDment onboard.
54
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGI!R
TELI!PHONE: (_) .73-7010
FAX: (_) 173-7712
COMMISSION MEMORANDUM NO...a.3..l.::13
TO:
Mayor Seymour Gelber and
Members of the CIty Commission
DATE: May 5, 1993
FROM:
SUBJECT:
ECONOMIC IMPACT ANALYSIS FOR THE PROPOSED LEGISLATION -
CITY ORDINANCE CREA nNG "RESTRICTED SWIM AREAS"
The following economic analysis of the proposed legislation to create "Restricted Swim Areas"
is being submitted pursuant to the requirements of Resolution No. 92-20659 approved
November 20,1992:
1. The economic impact of the proposed legislation on the City's budget
The DroDosed Restricted Swim Areas will necessitate an increase in the Beach Patrol
Division Budaet of aDDroximatelv 528.518 Der budaetarv vear. This Is continaent UDon
the successful neaotiation of a new Benevolent Association Contract that authorizes
the utilization of Dart time Iifeauards. Should there be no new contract Dassed in the
near future. the cost will escalate to aDDroximatelv 565.000 cer budaetarv vear.
. -
2. The economic impact of the proposed legislation on the private sector.
There is little or no imDact UDon the Drivate sector since all desianated swim areas are
directlv east of City owned Dublic beaches.
3. The effect of the proposed legislation on public or private employment.
An increase of 1.422 Dart-time hours to the Beach Patrol budaet will be necessary to
maintain and Datrol the swim areas Dertainina to fiscal vear 93194. (see costs below)
4. The costs and benefits, both direct and indirect, of establishing and maintaining the
program set forth in the proposed legislation.
INSTALLATION COSTS
Regulatory Buoys 53 @ $ 64.90 $3,439.70 $810 (shipping)
3/8" Galvanized Chain 265' @ $ 1.02 5 270.30
1/4" Galvanized Chain 1,012' @ 5 .62 5 627.44
Concrete Anchors (90Ib.) 53 @ 5 35.00 51.855.00
$6,192.44
YEARLY OPERATIONAL COSTS (estimated)
Gas, Oil, & Maint.
$ 9,000
Replacement Parts
1,000
$11.518 (1,422hrs. C $8.10)
$21,518
53
Personnel (part time hrs)
DATE
R-3-b-\
5-1<i-Cf3
AGENDA
ITEM
COMMISSION MEMO
MAY 19,1993
PAGE 2
The latitude and longitudinal coordinates of these buoys and swim areas will be sent to the
State of Florida for aCceptance and documentation. All placement c;>f the restricted areas
remains east of City property and causes no encroachment upon access to private property.
The cost to install the buoys will be $10,000 to be funded from the general fund. Average
replacement, due to damage and loss, will be ten to fifteen buoys per year at a cost of
approximately $1,000.00.
CONCLUSION:
The advantages of safety and protection to be gained by the enactment of this proposed
Ordinance and the placement of the "Restricted Swim Area" are highly tangible and favor the
adoption of this concept. Staff is recommending that this ordinance move directly to first
reading rather than committee review due to the short time period before the summer season
begins.
350.-
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
TELEPHONE: (_) 173-7010
FAX: (_) 173-7712
COMMISSION MEMORANDUM NO. ~ S~-q3
TO:
Mayor Seymour Gelber and
Members d the CIty Commission
DATE: May 19, 1993
FROM:
Roger M. CarttonO .1\1 I tJ 1-
CIty Manager -ao~~
SUBJECT:
CITY ORDINANCE CREATING "RESTRICTED SWIM AREAS"
RECOMMENDATION:
The Administration recommends the adoption, upon this second reading, of the specified City
Ordinance creating and defining a "Restricted Swim Area" which will exclude motor powered
vessels from entering guarded areas populated by the bathing public.
BACKGROUND:
For over a decade the Miami Beach Patrol placed regulatory buoys 250 feet east of all
guarded public beaches to mark the "Restricted Swim Area" in order to exclude boats and
protect the public. During this time the Beach Patrol Rescue Boat and the Police Department
Marine Patrol worked together to remove power boats from the area. Due to the lack of a City
Ordinance, fines could only be issued for reckless operation of the vessel and only if a
member of the Police actually witnessed the infraction.
The State of Florida notified the Beach Patrol office that the past definition was no longer valid
and would need to be updated. The Beach Patrol has prepared the enclosed diagrams and
marker list with specific locations noted by line of sight and surveyed coordinates to be
submitted to the State for acceptance. .
The City Commission passed the Ordinance and the concept of the "Restricted Swim Area"
upon first reading on May 5, 1993.
ANALYSIS:
The enactment of this Ordinance will allow the Police Marine Patrol to issue fines to any power
vessel that enters the designated "Swim Area". This protection is essential due to the increase
in recreational usage of Miami Beach's coastal waters. Scuba and skin divers, water sports
enthusiasts and the bathing public will benefit from this restricted area.
Municipalities throughout the coastal regions of the United States are enacting ordinances and
creating "restricted areas" in order to protect endangered species, sensitive ecosystems and
the bathing public. The dangerous operation of personal watercraft has been noted in the past
at Commission meetings and is a topic of discussion throughout local municipalities.
Through the enactment of the proposed Ordinance, guarded public beaches will be designated
as "Restricted Swim Areas" and shall be marked by 53 standard regulatory buoys noting
"vessel exclusion".
35
AGENDA 0 '2 '"
, TEM , '\ - --J- \..)
OATE~_