2012-28100 Reso RESOLUTION NO. 2012-28100
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE MARINE AUTHORITY BOARD AT ITS OCTOBER 9,
2012 MEETING FOR THE CITY COMMISSION TO
CONSIDER A NO WAKE ZONE ORDINANCE AND
REFERRING THE PROPOSED NO WAKE ZONE
ORDINANCE TO THE LAND USE AND DEVELOPMENT
COMMITTEE FOR ITS CONSIDERATION.
WHEREAS, pursuant to a referral by Commissioner Jorge R. Exposito at the
September 12, 2012 City Commission meeting, the matter of a No Wake Zone
Ordinance was referred to the Neighborhoods and Community Affairs Committee and
the Marine Authority Board; and
WHEREAS, following a discussion at the September 12, 2012 meeting of the
Neighborhoods and Community Affairs Committee, the possible establishment of a No
Wake Zone behind Sunset Harbour was unanimously recommended and referred to the
Marine Authority Board; and
WHEREAS, at its meeting of October 9, 2012, the Marine Authority Board
considered and discussed the prospect of a No Wake or Slow Speed zone behind
II
Sunset Harbour due to public safety concerns with regard to the boaters and others
in marine activities in and around Sunset Harbour and bridge;
engaged th I I e Belle e e s e b dge,
and
WHEREAS, at the conclusion of its meeting, the Marine Authority Board
unanimously recommended that a No Wake Zone Ordinance be referred to the City
Commission for its consideration; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach hereby
accept the recommendation of the Marine Authority Board to consider a No Wake Zone
Ordinance in the area of Sunset Harbor and the Belle Isle Bridge and further refer the
consideration of the proposed No Wake Zone Ordinance, attached hereto, to the Land
Use and Development Committee for its consideration.
NOW, THEREFORE, RE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommendation
of the Marine Authority Board to consider a No Wake Zone Ordinance in the area of
Sunset Harbour and the Belle Isle Bridge is hereby accepted and the proposed No
Wake Zone Ordinance, attached hereto, is referred to the Land Use and Development
Committee for its consideration.
PASSED AND ADOPTED this IdA day of December, 2012.
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ATTEST:
a Herrera lEfdwer
Mayor
Rafaef Granado, City Clerk
APPROVED AS TO
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MIAMI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Kathie Brooks, Interim City anag
FROM: Jose Smith, City Atto hey
DATE: December 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMEDATION OF THE MARINE AUTHORITY
BOARD AT ITS OCTOBER 9, 2012 MEETING FOR THE CITY
COMMISSION TO CONSIDER A NO WAKE ZONE
ORDINANCE AND REFERRING THE PROPOSED NO WAKE
ZONE ORDINANCE TO THE NEIGHBORHOODS AND
COMMUNITY AFFAIRS COMMITTEE FOR ITS FURTHER
CONSIDERATION.
Pursuant to a referral by Commissioner Jorge R. Exposito at the
September 12, 2012 City Commission meeting, the matter of a No Wake Zone
Ordinance was referred to the Neighborhoods and Community Affairs Committee
and the Marine Authority Board.
Following consideration of a No Wake Zone Ordinance at the September
121 2012 Neighborhoods and Community Affairs Committee meeting, the
proposed establishment of a No Wake Zone behind Sunset Harbour was
unanimously recommended and referred to the Marine Authority Board. At its
October 9, 2012 meeting, the Marine Authority Board considered and discussed
the prospect of a No Wake or Slow Speed Zone behind Sunset Harbour and
unanimously recommended that a No Wake Zone Ordinance relative thereto be
submitted to the City Commission for its consideration.
Pursuant to Section 2-13(b) of the City Code, the above referenced
Resolution is submitted for consideration by the Mayor and the City Commission.
The Resolution accepts the recommendation of the Marine Authority Board at its
October 9, 2012 meeting for the City Commission to consider a No Wake Zone
Ordinance.
Agenda Item R'"I T
Date IZ-j2_-Q.._
The Resolution also refers the No Wake Zone Ordinance to the
Neighborhoods and Community Affairs Committee for its further consideration as
that Committee approved the concept of a No Wake Zone at its September
meeting, but it has not considered the specific provisions of the proposed
Ordinance.
JS/DT/mmd
F:WTTO\TURN\COMMMEMO\Commission memo regarding resolution accepting recommendation of Marine Board re-
No Wake Zone.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED
"MARINE STRUCTURES, FACILITIES AND VEHICLES," BY
AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE
ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE
ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING
FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations,
including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida
Statutes; and
WHEREAS, the City Commission has determined that the unregulated operation of
vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety
and welfare of the citizens of City of Miami Beach; and
WHEREAS, vessels used as a means of transportation on water have been declared to
be dangerous instrumentalities in the State of Florida, pursuant to 327.32, Florida Statutes;
and
WHEREAS, boating restricted areas are necessary to avoid safety hazards to
persons, property, and marine life resulting from vessels traveling at excessive speeds; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to
provide for restricted wake zones as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VEHICLES
Article II. Resewed Restricted Wake Zones.
Sec. 66-41. Resepwed Purpose.
The purpose of this ordinance is to provide regulations for the safe operation of
motorboats and other vessels in or upon the waters within the jurisdiction of the City of Miami
Beach consistent with Chapters 125 and 327, Florida Statutes, and Chapters 68D-21 and/or
68D-23, Florida Administrative Code, and as such Chapters and Codes shall be amended from
time to time.
Sec. 66-42. Definitions. The following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this Article, except where the context clearly indicates a
different meaning.
"Boating-restricted Area" means an area of the waters of the state within which the operation
of vessels is subiect to specified restrictions or from which vessels are excluded.
"Idle Speed" and "Idle Speed No Wake" indicates a boating restricted area which has been
established to protect the safety of the public. The terms may be used interchangeably and
mean that a vessel must proceed at a speed no greater than that which will maintain
steerageway and headway. At no time is any vessel required to proceed so slowly that the
operator is unable to maintain control over the vessel or any other vessel or object that it has
undertow.
"Idle Speed No Wake Zone" means an area of a waterway in which a vessel cannot proceed
at a speed greater than that specified by the Idle Speed No Wake definition.
"No wake" means that vessel speed which is the minimum required to maintain headway and
does not produce a wake.
"Regulatory marker" means a device used to alert the mariner to various regulatory matters
such as horsepower, speed, wake, or entry restrictions in conformity with the Uniform State
Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title
33 of the Code of Federal Regulations.
"Slow Speed" and "Slow Speed Minimum Wake" indicates a boating restricted area which
has been established to protect the safety of the public. The terms may be used
interchangeably and mean that a vessel must be fully off plane and completely settled into the
water. The vessel must then proceed at a speed which is reasonable and prudent under the
prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous
conditions which endanger or are likely to endanger other vessels or other persons using the
waterway. At no time is any vessel required to proceed so slowly that the operator is unable to
maintain control over the vessel or any other vessel or object that it has under tow.
"Slow Speed Minimum Wake Zone" means an area of a waterway in which a vessel cannot
proceed at a speed greater than that specified by the Slow Speed Minimum Wake definition.
"Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle
speed no wake area.
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"Vessel" is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat, other than a seaplane on the
water, used or capable of being used as a means of transportation on water.
"Vessel wake" means the movement of waves created by the motion of the vessel. It is the
track or path that the vessel leaves behind. Vessel operators shall be responsible for their own
wake and liable for an damage amage it may cause.
"Wake" means when used in conjunction with a numerical size limit all changes in the vertical
height of the water's surface caused by the passage of a vessel including, but not limited to, a
vessel's bow wave, stern wake, and propeller wash, measured from the ambient tide level to
the crest of the vessel's wake at a distance of not less than 25 feet from the vessel.
Section 66-43. Restricted Areas.
A. The areas of enforcement of the provisions of this Ordinance 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 Section 327.46, Florida Statutes.
B. Idle Speed No Wake zones shall be established at the following locations:
1 Within a 500 foot radius around the fuel pump within the Miami Beach Marina
located at 300 Alton Road, Miami Beach, FL.
2) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb
Memorial Park.
3) 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.
C. Slow Speed Minimum Wake zones shall be established at the following locations:
1) Within a 300 foot radius of the south side of the bridge connecting Belle Isle with
Rivo Alto Island.
2) That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami
Beach, north of the eastern portion of the Venetian Causeway and Belle Isle,
extending south from the approximate center of Sunset Island IV, and east of Rivo
Alto Island, excluding the shoal bounded by Markers 3, 4, and 5; additionally
excluding areas otherwise designated herein.
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Section 66-44. Posting of Regulatory Markers.
Implementation of the boating restricted areas is contingent upon receiving all
applicable state and/or federal authorizations to insure compliance with Chapter 68D-23, Florida
Administrative Code and to assist in navigation consistent with the United States Aids to
Navigation System.
Regulatory markers shall be installed and maintained to alert boaters to the existence
and boundaries of the boating restricted areas established herein. All regulatory markers shall
comply with the standards and regulations provided by state law, specified in Chapters 68D-
23.108 and 68D-23.109, Florida Administrative Code. No person shall be charged with a
violation of this ordinance prior to the posting of regulatory markers as required by this Section.
All areas designated as "boating restricted areas" shall be so posted with regulatory
markers that are in accordance with the provisions of the Florida Fish & Wildlife
Conservation Commission's Uniform Waterway Marking System.
Section 66-45. Exemptions.
The restrictions created by this Ordinance shall not apply to vessels of any federal, state,
county or municipal agency while operated by an officer, employee or agent thereof who is
engaged in law enforcement or other necessary municipal or governmental activity.
Section 66-46. Enforcement and penalties.
The provisions of this section may be enforced by the Miami Beach Police Department,
the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission
and its officers, and any other authorized law enforcement officer as defined in Section
943.10, Florida Statutes and in accordance with Section 327.70, Florida Statutes.
Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any
provision of this Ordinance shall be deemed to be charged with a noncriminal infraction,
shall be cited for such an infraction, and shall be cited to appear before the county court.
The civil penalty for any such infraction is $50, except as otherwise provided by statute.
SECTION 2. SEVERABILITY.
If any section, sentence, clause, or word of this section is for any reason declared to be
unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions
shall not be affected.
SECTION 3. REPEALER.
Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict
with this Ordinance, is hereby repealed to the extent of such conflict.
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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, as amended. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of , 2013, and upon
posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41,
Florida Statutes and the provisions in Chapter 68D-23, Florida Administrative Code.
PASSED and ADOPTED this day of December, 2012.
ATTEST:
MATTI HERRERA BOWER
MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jorge Exposito) APPROVED, :A. ; 0
FORM &LAI`,
Underline denotes additions FOR � ei�
denotes deletions
124-4
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