2015-3951 Ordinance ORDINANCE NO. 2015-3951
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
AUTHORIZE THE INSTALLATION OF "TOW-AWAY ZONE" SIGNS
ALONG PUBLIC SEAWALLS AND TO AUTHORIZE TOWING;
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;.
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 code currently provides that the launching, docking or hauling of
boats from the City's public seawalls within its residential zoning districts is a violation of
the City's Code; and
WHEREAS, the City in its proprietary authority, as the owner of many public
seawalls within the various residential zoning districts desires to regulate the access to
and use of the City's seawalls; and
WHEREAS, the seawalls serve a purpose of protecting the island and any public
improvements from seawater encroachment; and
WHEREAS, the seawalls are not designed to act as a dock for the launching,
docking or hauling of boats; and
WHEREAS, individuals may be injured due to attempts to improperly tie to or
dock at seawalls, as the bayfront may be covered in coral, rocks, oyster beds, or various
seaweeds that can cause slipping hazards; and
WHEREAS, improper docking is a liability risk to the City, and the seawalls are
not routinely monitored and improper use of the seawalls as a dock, launching or hauling
location would not be protective of the health, safety and welfare of the citizens and
visitors of Miami Beach; and
WHEREAS, improper and unauthorized docking may result in damage to the
seawall; and
WHEREAS, the amendments set forth below are necessary to put the
community on notice that such improper unauthorized use or access to the seawalls
shall result in towing of the vessel.
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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, hauling and docking at public seawall, etc., prohibited," is
hereby amended as follows:
* * *
Sec. 66-151. - Launching, hauling and docking at public seawall, etc., prohibited —
unauthorized vessels.
(a) No person shall launch, dock, 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, docking 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. Any vessel that is docked along a city seawall shall be considered
an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential 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 residential neighborhood, except in case of emergency
involving safety to life or property.
(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;
4. Fifth offense within a 12-month period a fine of$1,000.00; and
5. Sixth offense and subsequent offenses within a 12-month period a fine of
$2,500.00.
b. The City may also elect to have the unauthorized vessel towed pursuant to sub-
section b.2. below.
c. Enforcement.
1. The Code Compliance Department or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
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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 with the ten days
shall constitute an admission of the violation and a waiver of the right to:a
hearing.
2. The City shall post on all public seawalls the following notice:
"TOW-AWAY ZONE. 24 HOURS; 7 DAYS. UNAUTHORIZED VESSELS
WILL BE TOWED AWAY AT OWNERS' RISK AND EXPENSE.
[TELEPHONE NUMBER AND NAME OF TOWING COMPANY TO BE
INSERTED]"
In order to establish a tow-away zone to remove unauthorized vessels from
being docked at or along the city's seawall, the city must provide the above
notice. The notice must be prominently placed along the seawall, with not
less than one sign for each 25 feet of frontage. The notice must clearly
indicate, in not less than two (2) inch high, light-reflective letters on a
contrasting background that unauthorized vessels will be towed away at the
owner's expense. The words "tow-away zone" must be included on the sign
in not less than four (4) inch high letters. The notice must also provide the
name and current telephone number of the person or firm towing or removing
the vessels. The sign structure containing the required notice must be
permanently installed with the words "tow-away zone" not less than three (3)
feet and not more than six (6) feet above ground level and must be
continuously maintained for not less than 24 hours prior to the towing or
removal of any unauthorized vessels.
d. Rights of violators as to fines; 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 as identified in
subsection (a) 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 ten 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.
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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 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. After two months
from the recording of any such lien 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 days of the issuance of the notice of
violation.
* * *
SECTION 2. 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 3. 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 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this g. day of July , 2015.
IP
Philip evine, or 9.
ATTEST:
2E. rZad1t2erk/ c
4 0.
� APPROVED AS TO
0 ' '''� FORM AND LANGUAGE
•-. rie ..: ■ 1* = ORATED= * y
:IN�ORP & FOR EXECUTION
% 'CH 2b .*-4-y Attorney Date
First Reading: June 10, 2015
Second Readin • J 8, 201
Verified by:
Thomas R. Moone AICP
Planning Director
Underscore denotes new language.
[Sponsored by Commissioner Michael Grieco].
F:IATTO\BOUE\Ordinances\TOWING Docking Ordinance All Residential distributed[2nd Reading].doc
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`, COMMISSION ITEM SUMMARY
-e.. Condensed Title:
f Second Reading Public Hearing to consider an Ordinance to amend the
following: CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES,"
ARTICLE IV, "VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
AUTHORIZE THE INSTALLATION OF "TOW-AWAY ZONE" SIGNS ALONG PUBLIC
SEAWALLS AND TO AUTHORIZE TOWING; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
Key Intended Outcome Supported:
Reform Policing Culture With Customer Service Emphasis.
Supporting Data (Surveys, Environmental Scan, etc.):
The City Commission has received complaints from local residents on this issue.
This change to the ordinance will demonstrate and support a customer-focused
approach to policing as it will address residents' concerns directly.
Item Summary/Recommendation:
On April 15, 2015, the City Commission approved, at second reading, modifications to
Chapter 66, to provide enforcement against improper docking, launching and hauling
along all City seawalls, regardless of whether the seawall is in a single-family or multi-
family zoning district. Subsequently, the City Marine Patrol and Code Compliance
divisions determined that they were not authorized to tow vessels from the City's
seawalls, despite the fact that the City's ordinances now preclude the launching,
docking or hauling of vessels from the City's public seawalls.
In order to allow the Marine Patrol and Code Compliance to enforce the City's Code,
and to be able to tow violating vessels, Chapter 66 is proposed to be amended to
specifically authorize the City to tow.
On June 10, 2015 the City Commission approved the Ordinance to amend Chapter
66 at First Reading and scheduled a Second Reading Public Hearing for July 8,
2015.
It is recommended that the Ordinance is adopted.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1 $8,400 p.a. 0114120000343
2
f
40 4 3
OBE Total
Financial Impact Summary: This forecast is based on estimations of the number and size of
towed vessels that might incur costs for the City.These will be met from MBPD general budget.
City Clerk's Office Legislative Tracking:
Chief of Staff Wendy Rich-Goldschmidt ext. 3054
V iA I DL f
AGENDA ITEM RSA
DATE 7 2-IS
Sign-Offs:
Department Director Assist Manager nager
Chief Daniel J. Oates
_
T:\agenda\2015\JULY\POLICEDEPARTMENT\Com_item_sumSeawalltowingsecondreading
,.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
*MgrFROM: Jimmy L. Morales, City Manager
DATE: July 8, 2015
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
AUTHORIZE THE INSTALLATION OF "TOW-AWAY ZONE" SIGNS
ALONG PUBLIC SEAWALLS AND TO AUTHORIZE TOWING;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance.
HISTORY/ BACKGROUND
On June 10, 2015 the subject Ordinance was approved at First Reading.
The City Commission has received complaints about persons docking at public
seawalls in both single-family and multi-family zoning districts, causing problems
and concerns in such districts. The seawalls serve a purpose of protecting the
island and any public improvements from seawater encroachment. The seawalls
are not designed to act as a dock for the launching, docking or hauling of
vessels. Moreover, individuals may be injured due to attempts to improperly tie
to or dock at seawalls, as the bay front may be covered in coral, rocks, oysters
beds, or various seaweeds that can cause slipping hazards. Improper docking is
a liability risk to the City, and the seawalls are not routinely monitored and
improper use of the seawalls as a dock, launching or hauling location would not
be protective of the health, safety and welfare of the citizens and visitors of Miami
Beach. Improper and unauthorized docking may result in damage to the seawall.
On April 15, 2015, the City Commission approved, at second reading,
modifications to Chapter 66, to provide enforcement against improper docking,
launching and hauling along all City seawalls, regardless of whether the seawall
is in a single-family or multi-family zoning district. Subsequently, the City Marine
Patrol and Code Compliance divisions determined that they were not authorized
Commission Memorandum
Seawall Towing Ordinance 2"d Reading
July 8, 2015 Page 2 of 3
to tow vessels from the City's seawalls, despite the fact that the City's ordinances
now preclude the launching, docking or hauling of vessels from the City's public
seawalls.
In order to allow the Marine Patrol and Code Compliance to enforce the City's
Code, and to be able to tow violating vessels, Chapter 66 is proposed to be
amended to specifically authorize the City to tow.
The amendments set forth below are necessary to place the community on
notice that improper unauthorized use or access to the seawalls shall result in
towing of vessels.
Proposed Language:
Sec. 66-151. - Launching, hauling and docking at public seawall, etc., prohibited
— unauthorized vessels.
(a) No person shall launch, dock, 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, docking 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. Any vessel that is docked
along a city seawall shall be considered an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential
neighborhoods prohibited.
An additional enforcement mechanism has been added to (b)(2)a.6. to provide
"The City may alternately elect to have the unauthorized vessel towed pursuant
to subsection b.2. below." Pursuant to that subsection the City shall post on all
public seawalls the following notice, and comply with the following requirements:
"TOW-AWAY ZONE. 24 HOURS; 7 DAYS. UNAUTHORIZED
VESSELS WILL BE TOWED AWAY AT OWNERS' RISK AND
EXPENSE. [TELEPHONE NUMBER AND NAME OF TOWING
COMPANY TO BE INSERTED]"
In order to establish a tow-away zone to remove unauthorized
vessels from being docked at or along the city's seawall, the city,
must provide the above notice. The notice must be prominently
placed along the seawall, with not less than one sign for each 25
feet of frontage. The notice must clearly indicate, in not less than
two (2) inch high, light-reflective letters on a contrasting background
that unauthorized vessels will be towed away at the owner's
expense. The words "tow-away zone" must be included on the sign
in not less than four (4) inch high letters. The notice must also
provide the name and current telephone number of the person or
Commission Memorandum
Seawall Towing Ordinance 2"d Reading
July 8, 2015 Page 3 of 3
firm towing or removing the vessels. The sign structure containing
the required notice musts must be permanently installed with the
words "tow-away zone" not less than three (3) feet and not more
than six (6) feet above ground level and must be continuously
maintained on the seawall for not less than 24 hours prior to the
towing or removal of any unauthorized vessels.
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 Miami Beach Police Department Marine Patrol estimates
that they would likely need to arrange for the towing of about 20 small vessels
annually with approximately half eventually being claimed. The cost for an
outside vendor to provide services quoted a flat rate of $200 per unit. If half are
claimed, the cost incurred by the City is $2,000 per year. Storage is not a factor
as the unclaimed vessels would be sent to auction after 30 days with revenue
offsets.
For larger vessels the cost for an outside vendor to provide towing services was
quoted at $200 per hour with a 2 hour minimum. If the vessel is not immediately
claimed, there is an additional charge of $150 to transport the craft to storage.
Storage costs are $75 per day, with a 30 day maximum before disposal. Marine
Patrol estimates the need to tow 10 mid to large-sized vessels annually. Of these
10, approximately 2 would fall into the worst case scenario, requiring all
aforementioned services. For unclaimed vessels the disposal fee is $400. This
translates to a total of$3,200 per unit or$6,400 for two vessels.
The total anticipated cost to the City for both small and mid to large-sized water
vessels is approximately $8,400 annually. The five year forecast would therefore
be $42,000.
The City does not currently have a towing contract in place, for either derelict
vessels or towing for a violation of Chapter 66. Marine Patrol vessels are not
properly equipped to tow vessels. The City will need to issue a bid for towing
services and as part of that bid the City will require the towing company to install
the above referenced towing signs along the City's seawalls. The preparation
and installation of the signs shall be required under the bid. The City is currently
unaware of the cost associated with towing the vessels. There are three vessel
related towing companies in Miami-Dade County. If the owner of the vessel
claims the vessel from the towing company, the cost associated with the tow
would pass to the vessel owner. Otherwise, the City will be responsible for the
towin• and any disposal costs.
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