2012-3751 Ordinance ORDINANCE NO. 2012-3751
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,
"MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS,
DOCKS OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS,
CREATING EXCEPTIONS, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Code, Chapter 66, provides for the regulation of vessels
and docking, including limitations on docking at public and private land within the City, as
permitted by State law; and
WHEREAS, the City Commission has received complaints about persons
docking at public seawalls in single family neighborhoods causing problems and
concerns in such neighborhoods; and
WHEREAS, the City Attorney drafted an ordinance at the request of
Commissioner Weithorn that addresses the problem by prohibiting such dockage, with
certain exceptions; and
WHEREAS, the ordinance was presented to the Neighborhoods and Community
Affairs Committee on December 8, 2011, which recommended its adoption; and
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article IV, "Vessels,"
Section 66-151, "Launching and hauling," is hereby amended as follows:
Sec. 66-151. - Launching=and hauling, and docking at public seawall, etc.,
prohibited.
(a) No person shall launch or remove any vessel from the waters of the city over any
public seawall, sidewalk, street end, or public property except at locations where a
regular business of launching and hauling vessels is conducted, which has the
necessary equipment to do such work, or in areas designated and posted for such
purpose by the city.
(b) Docking at public seawalls in single family neighborhoods prohibited.
(1) No person shall dock or otherwise secure any vessel, or embark or disembark
any passengers or charter parties, at any municipal or public seawall, wharf,
dock or bulkhead, in a single family neighborhood, except in case of emergency
involving safety to life or property.
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(2) Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation
of this section:
(1) First offense within a 12 month period a fine of$100.00;
(2) Second offense within a 12 month period a fine of$250.00;
(3) Third or Fourth offenses within a 12 month period a fine of
$500.00; and
(4) Fifth offense within a 12 month period a fine of$1000.00; and
(5) Sixth offense and subsequent offenses within a 12 month period a
fine of$2,500.00.
(b) Enforcement. The code compliance division or the Miami Beach Police
Department, shall enforce the provisions of this section. This shall not preclude
other law enforcement agencies or regulatory bodies, from any action to assure
compliance with this section and all applicable laws. If an enforcing Officer finds
a violation of this section, the Officer shall issue a Notice of Violation to the
violator. The Notice of Violation shall 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, notice that the Violation may be appealed by requesting an
administrative hearing within ten days after service of the Notice of Violation, and
that failure to appeal the violation within the ten days, shall constitute an
admission of the violation and a waiver of the right to a hearing.
(c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or
to appeal.
(1) A violator who has been served with a Notice of Violation shall elect
either to:
a. Pay the civil fine in the manner indicated on the Notice of
Violation; or
b. Request an administrative hearing before a special master to
appeal the Notice of Violation within 10 days of the issuance of the
notice of violation.
(2) The procedures for appeal by administrative hearing of the Notice of
Violation shall be as set forth in sections 30-72 and 30-73.
(3) 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 master, the special master shall be informed of such
failure by report from the Officer. Failure of the named violator to appeal
the decision of the Officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master, and be treated as an admission of the violation, and
fines and penalties may be assessed accordingly.
(4) 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 and it may be enforced in the
same manner as a court ludgment 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 ludgment except for enforcement purposes. After
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two months from the recording of any such lien that which remains
unpaid the city may foreclose or otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(6) The Special Master shall be prohibited from hearing the merits of the
Notice of Violation or consideration of the timeliness of the request for an
administrative hearing, if the violator has failed to request an
administrative hearing within ten (10) days of the issuance of the Notice
of Violation.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same 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 8thday of February , 2012.
........... -VAYOlk
ATTEST:
CITY CLERK INCORP ORATED
APPROVED AS TO
FORM AND LANGUAGE
... & FOR EXECUTION
ttorney J Date
First Reading: January 11, 2012
Second Reading: February 8, 2012
Underscore denotes new language.
StrikethFo gh deRetes deleted language.
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," To Prohibit Docking, Securing, Embarking Or
Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family
Neighborhoods.
Key Intended Outcome Supported:
Increase community satisfaction with City Government
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey,
7% of respondents of the environmental scan reported Miami Beach as an Excellent/Good place to live, 96.3% of
espondents feel safe or somewhat safe in their neighborhood during the day while 89.6% feel safe or somewhat
afe during the evening/night.
Issue:
Shall the Mayor and the City Commission Approve The Amendments to the Ordinance?
Item Summary/Recommendation:
SECOND READING — PUBLIC HEARING
Following the receipt of complaints by the City of problems with persons docking at public seawalls in single
family neighborhoods, the attached ordinance was prepared at the request of Commissioner Weithorn. The City
Commission referred the ordinance on October 19, 2011, to the Neighborhoods/Community Affairs Committee.
On December 8, 2011, the Committee recommended its adoption to the City Commission. The City Commission
approved the Ordinance on First Reading on January 11, 2012.
The ordinance prohibits persons from docking or securing vessels, and embarking or disembarking, at any public
seawall in a single family neighborhood, except in the event of an emergency involving safety to life or property.
The ordinance is within the authority of the City to enact under its police power, in order to protect the public
health, safety and welfare. This restriction is also intended to reduce crime and trespass to abutting private
property. Enforcement of the ordinance would be in response to citizen complaints, or a "complaint driven"
approach. However, signs will be posted on or next to the seawall informing the public of the regulation.
Enforcement will be either by Code Compliance or the Police, with penalties for any violation as set forth in the
ordinance. The ordinance is not affected by recent State legislation limiting the city's authority to regulate
anchoring in navigable waters.
Advisory Board Recommendation:
Recommended by Neighborhoods/Community Affairs Committee December 8, 2011.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
The estimated cost for fabricating and installing signs at 28 seawall locations determined by Public Works to be
affected by this ordinance is $5,600. The cost of enforcement of the proposed ordinance, if enacted, is estimated
at approximately $1,100 per year based on the current frequency of complaints, which can be accomplished with
existing staff.
City Clerk's Office Legislative Tracking:
City Attorney's Office
Sign-Offs:
Department Director AS si ant City Manager Ci Manager
TAGENDA\2012\2-8-12 0ocking Summary Single Fami Second Reading.docx U I
m
MIAMIBEACH AGENDA ITEM
DATE
m MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: M i Herrrrra Bower a M?tub7of the City Commission
FROM: Jor M. G n�ale_Z City Man
9
Jose Smith, City Attorney
DATE: February 8, 2012 SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,
"MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS,
DOCKS OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS,
CREATING EXCEPTIONS, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
BACKGROUND
Following the receipt of complaints by the City of problems with persons docking at public
seawalls in single family neighborhoods, the attached ordinance was prepared at the request of
Commissioner Weithorn. The City Commission referred the ordinance on October 19, 2011, to
the Neighborhoods/Community Affairs Committee. On December 8, 2011, the Committee
recommended its adoption to the City Commission. The City Commission approved the
Ordinance on First Reading on January 11, 2012.
ANALYSIS
The ordinance prohibits persons from docking or securing vessels, and embarking or
disembarking, at any public seawall in a single family neighborhood, except in the event of an
emergency involving safety to life or property.
The ordinance is within the authority of the City to enact under its police power, in order to
protect the public health, safety and welfare. This restriction is also intended to reduce crime
and trespass to abutting private property. Enforcement of the ordinance would be in response
to citizen complaints, or a "complaint driven" approach. However, signs will be posted on or next
to the seawall informing the public of the regulation. Enforcement will be either by Code
Compliance or the Police, with penalties for any violation as set forth in the ordinance. The
ordinance is not affected by recent State legislation limiting the city's authority to regulate
anchoring in navigable waters.
As you will note, the ordinance has been revised to include a defined fine schedule and appeals
process, as well as to clarify who has authority to enforce.
Commission Memorandum
Ordinance—Docking at Public Seawalls in Single Family Neighborhoods
February 8, 2012
Page 2 of 2
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration evaluated the long term economic impact (at least 5
years) of this proposed legislative action. The estimated cost for fabricating and installing signs
at 28 seawall locations determined by Public Works to be affected by this ordinance is $5,600.
The costs of enforcement of the proposed ordinance, if enacted, is estimated at approximately
$1,100 per year based on the current frequency of complaints, which can be accomplished with
existing staff.
CONCLUSION
The proposed ordinance is intended to address concerns relating to public safety.
JMG/JS/GMH/s
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m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be
held by the Mayor and City Commission of the City of Miami Beach,Florida,in
the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,
Miami Beach,Florida,un WEDNESDAY FEBRUARY,8TH,2012 to consider
the following:
10:20 a.m.
Ordinance Amending Chapter 66,"Marine Structures,Facilities And Vehicles,"
Article IV,"Vessels," Section 66-151,"Launching And Hauling,"To Prohibit
IDocking, Securing, Embarking Or Disembarking Vessels At Municipal Or
Public Seawalls,Wharfs,Docks Or Bulkheads In Single Family Neighborhoods,
Creating Exceptions.
Inquiries may be directed to the Legal Department at(305)673-7470.
10:25 a.m.
Temporary Removal Of Parking Spaces
An Ordinance Amending The Code Of The City Of Miami Beach By Amending
Chapter 82,"Public Property,"Amending Section 82-384,"Permitted Sidewalk
Cafe Frontage;Requests For Expansion,"To Permit Sidewalk Cafes To Extend
Into A Loading Zone Fronting A Restaurant.
Inquiries may be directed to the Planning Department at(305)673-7550.
10:30 a.m.
Ordinance Amending The Land Development Regulations Of The Code Of
The City Of Miami Beach,By Amending Chapter 118,"Administrative And
Review Procedures,"Article Il,"Boards,"Division 5,"Board Of Adjustment,"
Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use
Procedure,"Section 118-193"Applications For Conditional Uses";Article VI,
"Design Review Procedures;"Article X,"Historic Preservation;"And Article XI
"Neighborhood Conservation Districts(NCD);"To Clarify That Continuances
IShall Be Noticed By Mail After The First Continuance Granted By A Land
Use Board.
Inquiries may be directed to the Planning Department at(305)673-7550.
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,1st Floor,City
Hall,Miami Beach,Florida 33139.Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office,1700
Convention Center Drive,1 st Floor,City Hall,and Miami Beach,Florida 33139.
This meeting may be continued and under such circumstances additional
legal notice would not be provided.
Robert E.Parcher,City Clerk
City of Miami Beach
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 accessible format, sign language interpreters,
information on access for persons with disabilities,and/or any accommodation
to review any document or participate in any city-sponsored proceeding,
e days in
please contact(305) 604-2489 (voice), (305)673-7218 (TM
advance to initiate your request.TTY users may also call 711 (Florida Relay
Service).
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