2017-4116 Ordinance ORDINANCE NO. 2017-4116
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "MARINE
STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING THE
CHAPTER TITLE AND BY DELETING OBSOLETE AND OUTDATED
PROVISIONS AND BY AMENDING TERMINOLOGY IN ARTICLE I,
ENTITLED "IN GENERAL," ARTICLE III, ENTITLED "PIERS,
DOCKS AND BOAT RAMPS," ARTICLE IV, ENTITLED "VESSELS,"
ARTICLE V, ENTITLED "REGATTAS AND BOAT RACES," AND IN
ARTICLE VI, ENTITLED "VESSELS ABANDONED ON PUBLIC AND
PRIVATE PROPERTY"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at the March 14, 2017 meeting of the Marine and Waterfront
Protection Authority, a discussion was held regarding the continued relevance of
Sections 66-7 and 66-153 of the City Code regarding commercial bait boats and
identification requirements for employees of boat and dock operations; and
WHEREAS, following its discussion of the provisions, the Marine and Waterfront
Protection Authority approved a motion recommending that Sections 66-7 and 66-153 of
Chapter 66 of the City Code be repealed as they are outdated and not in accord with
current applicable marine standards utilized and approved by the U.S. Coast Guard,
Miami-Dade County, and State law; and
WHEREAS, pursuant to further review of all of the provisions throughout Chapter
66 of the City Code, entitled "Marine Structures, Facilities, and Vehicles," other
language and provisions therein were found to be obsolete or outdated and should also
be deleted or amended.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 66 of the Code of City of Miami Beach is hereby amended as
follows:
Chapter 66
MARINE STRUCTURES, FACILITIES AND VEHICLES VESSELS
ARTICLE I. IN GENERAL
Sec. 66-1. Findings.
(a) The city commission finds and declares that it is the policy of the city to:
(1) Promote safety for persons and property in and connected with the
operation and equipment of vessels in the city.
(2) Promote standards and the regulation of all waterways in the city, marine
facilities, marinas, charter craft, sightseeing craft, excursion boats,
commercial craft, docks, piers, skiing, water sports, regattas, marine
sewage, marine pollution, marine sewage disposal facilities, boat
regulation and licensing, licensing of all marinas, and marine facilities.
to have such marine authority hear appeals, and to promote uniformity of
laws relating thereto.
(b) The city commission further finds that there are presently conditions existing in
the city as to unregistered and dangerous vessels, marine facilities, marinas,
docks, piers, and sewage facilities kept in such a manner as to constitute a
hazard to navigation, life and property, and pollution of the waterways within the
city. It is further found and declared that the existence of such conditions and
factors, if not remedied, will create obstructions to navigation, hazard to life and
property, and that any area within the city where these conditions exist will
experience a deterioration of water quality, a curtailment of investment, and tax
revenues and impairment of economic values, social values, as well as the
aesthetic beauty and life style characteristic of the city.
(c) It is further found and declared that the establishment and maintenance of
marine regulations, together with the establishment of a marine authority, ar-c is
essential to the prevention of navigational obstruction, decay and pollution on
and in the waterways of the city and the safeguard of public health, safety,
morals and welfare of the citizens of the city.
Sec. 66-2. Purpose of chapter.
(a) The intent and purpose of this chapter is to promote and attain:
(1) The full use and enjoyment of the waters of the city.
(2) The safety of persons and the protection of property as related to the use of the
waters.
(3) ' - - •• - - - - '- - - - '- - e'-- • - - - e • - - - .
(-4) Conformity with and implementation of state and federal laws and requirements.
(b) It is further the intent and purpose of this chapter to protect the public health, safety,
morals and welfare of all the people of the city by establishing minimum standards
governing the condition, occupancy and maintenance of all waterways, vessels and
marine facilities in the city and establishing minimum standards governing the
waterways, vessels and marine facilities in the city and other physical components
and conditions essential to make such waterways, vessels and marine facilities
safe, sanitary and fit to be used and occupied. This chapter fixes certain
responsibilities and duties for the owners, operators, agents and occupants of any
real property, vessel or marine facility in the city. This chapter establishes
procedures for the inspection of such and the condemnation and vacation of those
vessels or marine facilities found unsafe and further fixes penalties for the violations
of the provisions of this chapter. This chapter is hereby declared to be remedial and
essential to the public interest, and it is intended that this chapter be liberally
construed to effectuate the purposes as stated above.
Sec. 66-3. Applicability of chapter; conflict with other laws, codes or regulations.
The provisions of this chapter shall be applicable as the minimum marine standards
in the city. Every vessel, marine facility or marina shall comply with the provisions of this
chapter, irrespective of when such shall have been constructed, altered or repaired, and
irrespective of any permits or licenses that shall have been issued for the use,
alteration, repair or occupancy of any vessel, marine facility or marina, on or prior to
December 17, 1975. This chapter is intended and shall be construed as establishing
retrospective minimum standards for all vessels, watercraft, docks, piers, bulkheads,
marine facilities and marinas existing in the city. This chapter is not intended to replace,
modify, supersede or diminish or conflict with any standard established for the
construction or repair or alteration of any vessel established by the state or the
government of the United States and their agencies. If any provision of this chapter is
found to be in conflict with a material and controlling provision of the comprehensive
zoning or''di'ance land development regulations of the city, the comprehensive zoning
ordinance land development regulations of the city shall prevail. If any provision of this
chapter is found to be in conflict with a material and controlling provision of a statute or
regulation established by the state, metropolitan Miami-Dade County, the city, or the
federal government, the statute or regulation establishing the highest standard shall
prevail. All municipal departments, officials and employees who have the duty,
responsibility or authority to issue permits or licenses regarding the use and occupancy
of vessels, marine facilities or marinas shall conform to the provisions of this chapter, as
a minimum standard. It shall be the duty and responsibility of municipal departments,
officials and employees to enforce the minimum standards prescribed by the provisions
of this chapter.
Sec. 66-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. All terms shall be construed liberally. The following definitions when
in conflict shall supersede and modify the definitions contained in F.S. ch. 371.
Approved means approved by the amarine uthority City of Miami Beach or its
authorized representatives.
Boat livery means the business of holding out vessels for rent, lease or charter.
Code compliance officer means the persons described in section 30-3.
Federal laws and regulations means all statutes, rules and regulations, and other
laws of the United States, that may be applicable to any and all subject matters of this
chapter and to the rules and regulations adopted and promulgated pursuant to this
chapter.
Finance director means the city finance director or the city chief financial officer and
his or her assistants.
Garbage means any waste or refuse of all types, compositions and description not
including sewage.
Housebarge means a residence floating on water, usually permanently moored, not
manufactured with a system of propulsion.
Length means the measurement of a vessel from end to end over the deck.
Live bait receivers means an object for confining live bait, which is afloat in the
waters of the city harbor or the ocean or is either moored to a pier, bulkhead or seawall,
or moored by means of an anchor or other weight to the bottom of the harbor or ocean;
however, a live bait receiver shall not be deemed to be a premises within the meaning
of this chapter.
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.
Marine inspector means the code compliance officer and assistants.
Marine structure means any device or structure built or constructed, erected, driven
or installed in, over or adjacent to any of the waters of the city. The term shall include
but not be limited to docks, seawalls, piles, davits, hoists and similar structures. The
term shall be construed to include the words "or part thereof."
Mooring means any appliance used to secure a vessel to a dock or pier, which may
or may not be carried aboard such vessel as regular equipment when under way; also
the attaching of a vessel to a permanent or floating structure or other vessel.
Occupant means any person using or having actual possession of any vessel,
marina or marine facility.
Occupied means any vessel, marina or marine facility used or intended to be used
by persons.
Operate means to navigate or otherwise use a vessel on or in the waters of the city.
Operator means any person who has charge, care or control of a vessel, marina or
marine facility.
Owner means any person who individually or jointly or severally with another, holds
the legal or beneficial title to any vessel, marina, marine facility, equipment or premises
subject to the provisions of this chapter. The terms shall include the owner's duly
authorized agent, a purchaser, devisee, fiduciary, property holder or any other person
having a vested or contingent interest or in the case of a leased premises, the legal
holder of the lease, or his legal representative. It is intended that this term shall be
construed as applicable to the person responsible for the construction, maintenance
and operation of the vessel, marina, marine facility or premises involved.
Passengers for hire means the carriage of any person by a vessel for a valuable
consideration, whether direct or indirect, flowing to the owner, charterer, operator,
agent, or any other person interested in the vessel.
Pier means any fixed or floating structure for securing vessels, loading or unloading
persons or property or providing access to the water, and including any wharf, dock,
float or any other loading facility.
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.
Sewage means all human body wastes.
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:
(1) 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, 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. The term "vessel" and "boat" are interchangeable
for the purpose of this chapter.
Watercraft means any contrivance used or capable of being used for navigation
upon water whether or not capable of self-propulsion.
Waterways means all waters within the city city's corporate boundaries included as
set forth in its Charter;, as defined by state law, the state constitution, and the federal
constitution and acts of congress.
Zoning ordinance means the -: - - • -• - e'.'_ _ _ _ _- land development
regulations of the city printed as set forth in chapter 142 or chapter 114, et seq. of this
code.
Whenever the term "vessel," "marine facility," "boat," "marina," "pier," "dock,"
"wharf," or any other terms used in this chapter are expressed in any article in this
chapter, they shall be construed as though they were followed by the words "or any part
thereof."
Sec. 66-5. - - •- • e . - e e •• - • e ; _ _ • _ •• - _ Reserved.
•
- -- - , - - e - - - e , - - -- --,
or other responsible person, shall throw, discharge, deposit or permit to fall from
any vessel, housebarge, watercraft, land or any other source any noxious or
or waste matter, including food, excrement or other wet garbage, trash, debris or
refuse, industrial wastes, contaminated cooling water, soil, vegetation, tree limbs,
when one or more of the following exists:
(1) The vessel or watercraft is connected to city sewage facilities.
city sewage facility.
(3) The vessel or watercraft-is equipped with a U.S. Coast Guard certified or
method or device that prevents marine pollution in the waters of the city.
Sec. 66-6. Discharge of flammable materials, offensive articles.
No person shall pump or discharge from any vessel or tank into the waters of the
city oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter, garbage,
sewage or articles of any offensive character therein or upon any pier or street leading
to such facility.
Sec. 66-7. Reserved.
transferred to or from the tank.
the city.
Sec. 66-8. •• -- • • - • - • - • - - •• - - • - ' • -' •• -- Reserved.
(a) Purpose. This section is adopted for the following purposes and reasons:
(1) The city commission finds and declares that the proliferation of watercraft in use
for residential—purposes or—otherwise stored in the waters of-Biscayne Bay
waste as well as garbage, refuse, debris, oil and other obnoxious products;
nuisance and invasions of the privacy of homeowners and other residents of
aboard such watercraft; and numerous other problems and disadvantages
and
(2) It is the intent of the city to mitigate the adverse impact of anchored or moored
certain functions under F.S. § 327.60 and the Florida Administrative Code 68D
vessels not "in navigation;" and
(3) The city has conducted studies and observed the advent of vessels not in
person's prima-residence may be 'dive aboard vessels' for purposes of
vessels arc represented as such person's 'legal residence' pursuant to F.S. §
represented as a person's legal residence may be based on a combination of
residence or for more than seven consecutive or cumulative days within a 30
day period constitutes a legal-residence for purposes of this section, and such
vessels are "live aboards" within the jurisdiction of the city to regulate.
{6) The city has determined that evidence that vessels anchored or moored within
the jurisdictional waters of the city for more than seven consecutive or
(b) Definitions. For purposes of this section, the following definitions shall apply:
{1) A vessel not "in navigation," or "not engaged in the exercise of the rights of
navigation," is defined as one that evidences, through a case by case review of
abandonment include but are not limited to, how long a--vessel has been
fees, sometimes evidenced for example by a sailboat that has removed its sails.
prima facie evidence that such vessel is not "in navigation" or is "not engaged in
the exercise of the rights of navigation."
" - - -
represented as a place of business, a professional or other commercial
enterprise, or a legal residence. A commercial fishing boat is expressly
. . _ _ •• • - -rm "live aboard vessel."
{3) The fast of whether a-vessel is a person's or persons' "legal residence," and
therefore a "live aboard-vessel" under this section may be established by
primary residence, including evidence of a combination of the person's or
within city limits for seven consecutive or cumulative days within a 30 day
residence in the area beyond the seven day period.
{2) Live aboard vessels being used as a person's legal residence more than seven
vehicle to operate, or injury or illness suffered by the vessel's operator, or
during—the—period when a hurricane watch or warning or other dangerous
destination of the vessel, or the route thereto;
whether or not also anchored to secure the vessel; or
owner of the vessel, due to an inability to moor to the upland property.
•• - - '-'•-. - • • - - -••- - - cy, or dangerous weather condition in
• ••
designee, may—designate public anchoring and mooring areas, subject to rules,
(g) Violations and penalties.
Code as well as F.S. ch. 327. Any person who owns, operates or is otherwise in
of Code chapter 30 as well as F.S. ch. 327. Any vessel that-is in violation of this
law may also be subject to the provisions of Code sections 66 221 through 66
229.
{2) In addition, any vessel violating this section shall be subject to removal and
impoundment, and operators of such vessels may be charged with a
noncriminal (civil) infraction pursuant to F.S. § 327.73, by any law enforcement
the vessel, and send notice by certified mail to the la..t-rcgi
vessel, if reasonably obtainable, informing such owner of the seven day
operator the opportunity to move the vessel from city limits or to a lawful
written notice by certified or registered mail rcturn rcccipt requested to the
owner within 20 days after mailing of such notice, the vessel shall be disposed
of�„ m^-the manner and under the provisions of sections 66 223 through 66 227,
or other applicable law. The owner of the vessel shall be responsible for all
vessel to the owner or agent.
{3) Nothing herein shall be deemed to abrogate the handling of derelict vessels as
provided by sections 66 228 and 66 229 of the Code.
* * *
ARTICLE III. PIERS, DOCKS AND BOAT RAMPS
Sec. 66-106. Defective pier repairs, warning barriers.
(a) Upon learning that any pier is in a defective or dangerous condition, the marine
inspector a code compliance officer shall immediately so notify the owner or other
person having charge of the pier in-weiting pursuant to chapter 30, requiring such
person to immediately repair it or to put up barriers to prevent persons from going
upon it accessing the pier. If such person shall fail or neglect to do so, the marine
inspector code compliance officer may place barriers as necessary for the
protection of the public and charge the cost thereof to such person _ and ilt shall be
a violation of this chapter for any person to interfere with, damage or remove any
such barrier.
(b) If any pier, any portion thereof, or any material on such pier shall fall into the waters
of the city, it shall be the duty of the owner, agent or lessee of the pier to forthwith
remove the same from the waters of the city. -- _ _ _ _ _ e, -- .• e --
marine inspector may do so; The failure to remedy this condition within 24 hours will
permit the city to take corrective action, and the cost thereof may be recovered from
the owner, agent or lessee of such pier as provided in this chapter.
Sec. 66-107. Maintenance of public piers.
Public piers and other facilities may be maintained by the city for the purpose of
loading and unloading passengers, supplies and boating gear and for similar purposes.
It is the policy of the city to maintain such facilities in a manner that will permit the
greatest public use and avoid continuous occupancy, congestion or blocking thereof.
Where necessary to achieve public use and avoid extended occupancy, congestion or
blocking thereof, the the City Manager is authorized and directed to
post signs limiting the time during which a vessel may be docked or supplies or gear
may be placed at or on any such pier or facility to 20 minutes. When such sign is in
place giving notice of such time limit, no A person shall not dock a vessel at any such
facility for a period of time longer than 20 minutes, or permit any public pier or such
other supplies or gear to remain on such facility for a period of time longer than 20
minutes.
Sec. 66-108. Obstruction of facilities.
No person shall intentionally obstruct the free access to, and departure from, any
portion of any public pier or public boat ramp.
Sec. 66-109. Automobiles-and-vehicles Reserved.
where it blocks the approach to any public pier.
Sec. 66-110. '- - - - • - - - - - - - - • e." , . Reserved.
. .- .. - —
Sec. 66-111. - ••'- - e e - - - •• . - . - -
Reserved.
pier, either public or private, without first obtaining permission from the owner, city or
Sec. 66-112. Tying up vessel.
Every vessel lying at any pier or dock in the city shall be fastened thereto with such
lines, at least from both bow and stern, and in such a manner as to assure the security
of such vessel.
Sec. 66-113. Limitation on projection of structures; public hearing.
(a) Boat slips, docks, wharves, dolphin poles, mooring piles or structures of any kind
shall not be constructed or erected that extend into any canal or waterway in the city
more than ten percent of the width of such canal or waterway at a specific location
measured from the seawall or property as shown by recorded plat line if no seawall
exists; but if a canal or waterway is more than 100 feet in width, the structure may
extend into such canal or waterway a distance not greater than 15 percent of the
width of such canal or waterway at that specific location, but not to exceed a
distance greater than 40 feet. However, subject to the review and approval of the
applicable state and county authorities, a dock, wharf, dolphin pole, mooring pile or
other structure may extend from a lot zoned for residential use into any part of
Biscayne Bay or other waterway in excess of 1,000 feet in width, a distance no
greater than 125 feet and may extend from a lot zoned for business use into
Biscayne Bay or other waterways a distance not greater than 250 feet. It is further
provided that any boat, ship or vessel of any kind shall not be docked or moored so
that its projection into the waterway would be beyond the permissible projections for
such docks, wharves, dolphin poles, mooring piles or other structures, and the
mooring of any type of vessel or watercraft shall be prohibited along either side of
the walkway leading from the seawall to a boat dock. Notwithstanding the foregoing,
in the event any dock, wharf, dolphin pole, mooring pile or other structure is
proposed to extend greater than 40 feet from a seawall adjacent to, or abutting the
WD-1 or WD-2 district, conditional use approval from the planning board, in
accordance with chapter 118, article IV of the City Code, shall also be required.
(b) Permits for erection of any of the above facilities structures must be obtained from
the building division department, the state internal improvement fund, or any other
government agency having jurisdiction over the construction of these structures, if
necessary, and if abutting navigable streams, the approval of the U.S. Army Corps
of Engineers must be secured.
Sec. 66-114. Fee schedule for examination of plans, reinspections and special
projects.
(a) Up-front processing fee. When the building permit application for a marine structure
is received by the city, the applicant shall pay an up-front processing fee as
specified in appendix A. This processing fee is not refundable, but shall be credited
toward the final permit fee. This fee is in addition to fees which are required
pursuant to chapter 14 and 98 of this Code and relates to examination of plans and
inspections by the marine inspector to determine compliance with this chapter.
(b) Reinspection fees.
(1) With respect to inspections, if the city finds it necessary, in order to enforce
compliance with state statutes, the Florida Building Code, and the city's land
development regulations to conduct an inspection, after an initial inspection and
one subsequent reinspection, of any project or activity for the same code
violation specifically and continuously noted in each rejection, including, but not
limited to, egress, fire protection, structural stability, energy, accessibility,
lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other
requirements identified by the rule of the Florida Building Commission, state
statutes or the city's land development regulations, a fee of four times the cost
of initial inspection or first reinspection, whichever is greater, for each
subsequent reinspection shall be paid. The inspection cost is determined by
multiplying the actual time spent by the inspector by the inspection fee hourly
rate, as defined in subsection 14-61(c)(1) and as specified in appendix A of this
code.
(2) Payment of the reinspection fee shall be required before any subsequent
permits will be issued to the person or entity owing same. Further inspections
SHALL be withheld until payment of reinspection fees has been made.
Sec. 66-115. Demolition; periodic inspection.
(a) All docks and piers described in this article that have become derelict or in disrepair
by reason of disintegration to the extent of more than 50 percent of original
dimensions of its members shall be replaced, removed or reconstructed in no later
than 90 days pursuant to those requirements set forth within the permit. If such
deterioration results in the structure's being below the surface of the water at mean
high tide, removal or reconstruction shall be done in in no later than within ten days;
however, this provision shall not apply to that portion of Pelican Island lying south of
the Julia Tuttle Causeway and north of the Venetian Causeway.
(b) Any docks or piers authorized hereby extending into the city's waterway 20 feet or
more shall have sufficient lighting at the extremity thereof, which shall be lighted
from dusk to dawn and visible from all water approaches. All other structures hereby
authorized shall have affixed thereto reflector signals visible from all approaches,
which shall not be less than three inches in their smallest dimension.
(c) Periodic inspection of all docks, private, municipal and commercial, under the
jurisdiction of the city shall be made by the code compliance officer to ensure that
all docks are maintained in good condition. If any dock is found in an unsafe or
unsatisfactory condition, the owner shall be notified
days to correct the condition pursuant to chapter 30. If the condition has not been
corrected in 30 days, the city shall have the power to remove the dock or cause it to
be repaired and the owner assessed for the cost of such removal or repair under
the procedures set out in chapter 30.
(d) All seawalls must be maintained in good repair so that upland soil, sand, grass or
like substance may not escape into any waters within the city.
(e) It is unlawful for any tree, vegetation or any other organic matter to protrude over
any seawall in such a way as to obstruct navigation in any way.
Secs. 66-116-66-150. Reserved.
ARTICLE IV. VESSELS
Sec. 66-151. Launching, hauling and docking at public seawall, etc., prohibited—
Unauthorized vessels; enforcement.
(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; and
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. [Option.] In addition, ;the City may also elect to have the unauthorized
vessel towed pursuant to subsection c.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 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 the following notice on all public seawalls the
"TOW-AWAY ZONE. 24 HOURS; 7 DAYS. UNAUTHORIZED
VESSELS WILL BE TOWED AWAY AT OWNER'S 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.
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.
Sec. 66-152. Suspension or revocation of licenses and permits; appeal from
Any violation, permit or license issued pursuant to the provisions of this chapter may
at any time be either suspended or revoked after notice and hearing before the marine
authority special master upon presentation of evidence of violations of this chapter, or of
the rules and regulations issued under this chapter. A - -- _ _ - _ - _ -_ _ •
Sec. 66-153. •• - - - - - - - - e - - • - -photog-raphedidentified Reserved.
has not, previous to his employment at his own expense, been fingerprinted,
Sec. 66-154. Docking at unlicensed dock prohibited.
It shall be unlawful for any person to knowingly dock or otherwise secure any boat
or to knowingly embark or disembark any passengers, or charter parties at any wharf,
dock, bulkhead or mooring required to be licensed under this article where the owner or
operator of the wharf, dock, bulkhead or mooring has not obtained such a license,
except in the case of emergency involving safety to life or property.
Secs. 66-155-66-185. Reserved.
ARTICLE V. REGATTAS AND BOAT RACES
Sec. 66-186. Permit; conditions.
The city manager may, when it deems the occasion warrants, grant
a special event permit to hold a regatta or boat race in the city or make temporary use
of a designated area in the city for a special event or activity in which unmuffled engines
may be used, speed limits may be exceeded, and normal traffic interrupted. A permit for
boat races shall not exceed ten days and shall be limited to the hours between 8:00
a.m. and sunset. No permit shall authorize interference with normal harbor traffic for a
period exceeding eight hours in any 24-hour period. As a condition for granting such
permit, the city commission manager shall require the permittee to provide liability
insurance for the full period of time for which the permit is granted in an amount of not
less than $100,000.00 $1,000,000.000 for bodily injury to one person, and those other
amounts of insurance mandated by the city's risk manager ,
• - e e ... .. - - •- - The
policy providing such insurance must name the city as an additional insured. A
certificate evidencing that such insurance is in force and will remain in force for the
period of such permit shall be filed with the city's finance department
and risk manager in a form approved by the city attorney before any such permit shall
be effective. The marine authority city manager or his/her designee may impose
additional conditions as deemed necessary to protect persons and property and to
assure that the activity will not create a nuisance or interfere with the reasonable use of
the waters of the city by other vessels. No such permit shall be effective until it has been
granted by the city manager.
Sec. 66-187. Safety restrictions.
For such time as necessary preceding, during and after any race, regatta, parade or
other event held on the waters of the city., harbor, or at any other time when the marine
authority city manager deems it necessary for the safety of persons, vessels or other
property, the ma—Fine—authority city manager shall have authority to restrict or prohibit
waterborne traffic in the harbor; and it shall be unlawful to willfully fail or refuse to
comply with any order, signal or direction of the ••_ '• - _ _ • _ ' , • _ - _ _ •- e - e " -
the
_ - -
the Miami Beach Police Department or other law enforcement agencies.
Secs. 66-188-66-220. Reserved.
ARTICLE VI. VESSELS ABANDONED ON PUBLIC AND PRIVATE PROPERTY
Sec. 66-221. Disposition by city of certain abandoned vessels.
Any vessel that has been left unattended and not securely moored
period of more than two days, and-is within the waters of the city., and creates a danger
or hazard to navigation _ ' _ _ ' - - _ _ _ - - • e - _ _ _ ' - •_ _ • - _ - - _
may be caused by the may be removed by a code compliance
officer to be taken into custody and-disposed of pursuant to this article, and Florida law.
Sec. 66-222. Notice to owner.
Upon dy-of removing any vessel as prescribed in section 66-221, a
written notice shall immediately be posted on the vessel and a duplicate original sent by
registered or certified mail, with a return receipt, to the registered owner of the vessel at
his the owner's last known address and to all lienholders shown on the records of the
state. The notice shall contain a brief description of the vessel, the location of custody,
and the intended disposition of the vessel if not repossessed with-in-20-days after the
mailing of the notice. A notice need not be sent to any purported owner or any other
person whose interest in the vessel is not recorded with the department of
transportation.
Sec. 66-223. - - •- . - . - • - - • - - - - - • - - Reserved.
in section 66 222, the vessel shall b�disposed of by public auction after public
Where no bid is received, the vessel may be sold by negotiation, disposed of as junk, or
Sec. 66-224. • - - • - • - - - - - -• - . - - •- • Reserved.
vessel prior to the date of public auction authorized by section 66 223 upon payment to
e •.,cs incurred by the city in connection with the vessel. If the person taking
exceed the value of the vessel. Such security, if not forfeited, shall be returned one year
after receipt.
Sec. 66-225. Reserved.
experience in the sale or purchase of vessels, is less than $100.00. Upon that
newspaper of general circulation, the code compliance officer may sell the vessel by
negotiafien1-d-ispose of it as junk, or donate the vessel to any governmental agency.
Sec. 66-226. Effect of sale Reserved.
The transfer of interest by sale under this article shall be evidenced by a bill of
sale from the city, shall be considered a transfer by operation of law, and shall be
Sec. 66-227. Reserved.
taking the vessel into custody. The balance, if any, shall be deposited into the general
the bill of sale. A lienholder shall receive priority of payment from the balance to the
article within the same period against the registered owner or person with an interest to
proceeds of sale.
* * *
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 Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
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 Miami Beach City Code. The sections of this ordinance may be
renumbered or relettered 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 the S day of 4,0.1, 017.
PASSED AND ADOPTED this o?G day of l �// , 2017.
ATTEST: ,
Philip Le = io ypr
7"J � H►.��. •
„1 If 7 vti �WON,V
: AR
r�� , APPROVED AS TO
Rafael E. Granado, City Clerk �' 4• FO NGUAGE
,�''� ✓ . �'�i�i/: ELUTION
Underline denotes additions Qr
denotes deletions �- -' ' � '=
417
:1NCORP �
ORATED g ity Attorney
(Sponsored by Commissioner John )''.›\°)-
F:\ATTO\TURN\ORDINANCE\Ch.66 Marine Structures,Facilities and Vehicles 2017.docx
Ordinances- R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 26, 2017
10:15 a.m. Second Reading Public Hearing
SUBJECT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 66 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES AND
VEHICLES," BY AMENDING THE CHAPTER TITLE AND BY DELETING
OBSOLETE AND OUTDATED PROVISIONS AND BYAMENDING TERMINOLOGY
IN ARTICLE I, ENTITLED "IN GENERAL," ARTICLE III, ENTITLED "PIERS,
DOCKS AND BOAT RAMPS," ARTICLE IV, ENTITLED "VESSELS," ARTICLE V,
ENTITLED "REGATTAS AND BOAT RACES," AND IN ARTICLE VI, ENTITLED
"VESSELS ABANDONED ON PUBLIC AND PRIVATE PROPERTY"; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the attached Ordinance is
submitted for consideration on Second Reading/Public Hearing by the Mayor and City Commission
at the July 26, 2017 City Commission meeting. The Ordinance passed on First Reading at the June
7, 2017 City Commission meeting.
ANALYSIS
Amendments to Chapter 66 of the City Code, entitled "Marine Structures, Facilities, and Vehicles,"
were recently discussed and recommended by the Marine and Waterfront Protection Authority at its
meeting on March 14, 2017. The Authority considered the continued relevance of Sections 66-7 and
66-153 of the City Code regarding commercial bait boats and identification requirements for
employees of boat and dock operations and, following its discussion, approved a motion
recommending that those Sections be repealed as they are outdated and not in accord with current
applicable marine standards utilized and approved by the U.S. Coast Guard, Miami-Dade County,
and State law.
Upon further review by the City Attorney's Office, other provisions throughout Chapter 66 were
deemed obsolete, outdated, or not consistent with current law and, thus, additional housekeeping
revisions are set forth in the attached Ordinance.
Page 1246 of 2495
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ch. 66 Marine Structures, Facilities and Vehicles
Page 1247 of 2495