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Ordinance 93-2848ORDINANCE NO. 93-2848 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 21, ENTITLED "LIFEGUARDS, SWIMMING POOLS AND BATHING BEACHES" BY ADDITION OF ARTICLE IV, ENTITLED "RESTRICTED SWIM AREAS" PROHIBITING THE USE OF WATERCRAFT IN SPECIFIED AREAS OF CERTAIN PUBLIC BEACHES AS DESCRIBED IN ATTACHED APPENDIX "1"; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, in order to ensure a safer environment for swimmers and bathers on public beaches located within the City of Miami Beach, Florida, it is necessary to restrict the operation of watercraft in certain areas of those beaches. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. ADDITION OF ARTICLE IV TO CITY CODE CHAPTER 21. That Miami Beach City Code Chapter 21, entitled "Lifeguards, Swimming Pools and Bathing Beaches" is hereby amended by addition of Article IV, to read as follows: ARTICLE IV. RESTRICTED SWIM AREAS Sec. 21-17. Definitions. As used in this Article, the following words shall have the following meanings: (1) Chase or Emergency Watercraft. Watercraft available solely for the purpose of affecting a sea rescue in an emergency or for the purpose of ensuring compliance with federal or state law or city or county ordinances. The term does not include watercraft used for rental. (2) Corridor. A defined area within the restricted area leading from the shoreline to the western boundary of the restricted area, in which watercraft may be used subject to conditions set forth in this Article. (3) Licensee. A person or business entity operating a watercraft rental business on a public beach located within the City of Miami Beach pursuant to a concession agreement with the City. L Z Mechanically Powered Watercraft. Watercraft which uses an internal combustion engine or an electric motor as its primary source of motive propulsion. The term includes Personal Watercraft such as Jet Skis. (5) Personal Watercraft. An inboard vessel, such as a jet ski, under 16 feet in length which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion and is designed to be operated by a person sitting, standing or kneeling on or being towed behind the vessel. L Q1 Restricted Area. The area defined in Section 21-18 and described in attached Appendix "1". (7) Watercraft. Any contrivance or device used or capable of being used as a means of transportation on the water. The term shall include but shall not be limited to sun boards, ski boards, wind surfers, surfboards, sail boats, Personal Watercraft, Mechanically Powered Watercraft and water skis. ▪ Watercraft Operator. A person who is in actual physical control of or is steering a watercraft or who is exercising control over or steering any device being towed by a watercraft. Sec. 21-18. Restricted Swim Areas. After the effective date of this Ordinance, the areas located on public beaches within the City of Miami Beach as described in Appendix "1" shall be known as restricted swim areas and shall be governed by the provisions of Sections 21-19 through 21-21 herein. Such areas shall be marked by the use of buoys as described in Appendix "2" Sec. 21-19. Watercraft Prohibited in Restricted Swim Areas. Except as hereinafter provided, after the effective date of this Ordinance, it shall be unlawful for any licensee or watercraft operator to steer, propel, operate, cause to be 2 operated or use any watercraft as defined in Section 21-17 within the restricted swim areas as set forth in Section 21-18 herein. Sec. 21-20. Exceptions. The following shall be exceptions to the restriction set forth in Section 21-18 herein: (1) Chase or Emergency Watercraft. _(1 Watercraft operated by the federal government, State, County or City while engaged in law enforcement or other necessary municipal or governmental tasks. (3) Watercraft operated within a Corridor authorized by the City of Miami Beach and clearly marked as such by use of buoys or other markers as approved by the City, the State of Florida Department of Natural Resources and such federal agencies whose approval is or may be required by law. _LAI Surfboards, skim boards and sailboards are permitted in restricted swim areas 1 and 2 as set forth in Appendix "1". 15_1 Emc gm9y beaching of wAterc 4 t,: 'n iwcessary : tv '?' rr ': i �t ... ! ►' . � �'r :.;:... imb or pr ?perty . Sec. 21-21. Enforcement; Penalties. (1) The provisions of Sections 21-18 through 21-20 shall be enforced by the City of Miami Beach Marine Patrol and other State and federal authorities having jurisdiction over the waters located within the Restricted Area described in Appendix "1". (2) Any person, corporation, partnership, limited partnership, association or other business entity which is convicted of a violation of this chapter shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this 3 Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect sixty adoption. PASSED and ADOPTED this ATTEST: 1---ek7L/tAcJk_ �._ OAA",_ CITY CLERK SWS:scf:\diskl\swimarea.ord FORM AP OVED L G • . Date sA'S sr -i3 -q3 4 MM'• w�vv:::.w. :r �r w. , 1993. 80 street 74 street 72 street 64 street 53 street 46 street 35 street } #7 21 street •; ; #6 14 gtreet 13 street 12 street street 8 street street #5 I #4 3r• treet . ; : } #3 1st . eet :: } #2 Jetty Beac :: } #1 :7) (7/4 tIrwt City of Miami Beach "Restricted Swim Area" Buoy System APPENDIX "1" REGULATORY BUOY UNSINKABLE - FILLEL) WITH URETHANE FOAM Over 36' exoO ure with 6 lbs. anchor tackle 1 swI AREA 3' SILVER BAND REFLECTIVE BAND T ORANGE BAND -- 2' ORANGE BAND URETHANE FOAM CONCRETE BALLAST 1/2' DIA. GALVANIZED ROD 1' I.D. STEEL MOORING EYE APPENDIX "2" 53' south of south rail of crossover 100' RESTRICTED "SWIM AREA" #1 JETTY TOWER (South Pointe) 250 FE)at 300 feet 300 feet 100' north of jetty 100' Government Cut North Jetty RESTRICTED "SWIM AREA" #2 1st STREET TOWER North parking lot wall of Penrods Beach Club South sidewalk on Biscayne Street 100' 1 I 206 feet 206 feet 250 FT z RESTRICTED "SWIM AREA" #3 3rd STREET TOWER North boundry of City Park (Ocean Beach Park) i• • - 100' South boundry of City Park (Ocean Beach Park) 255 feet + 255 feet 100' T 250 FT moos al. 4. t\ m 1 41 .i 703 N N m 0 —I A 0 so m73 al� N RESTRICTED "SWIM AREA" #6 21st STREET TOWER North sidewalk adjacent to 22nd Street South sidewalk adjacent to 21st Street 100' 270 feet 240 feet 100' RESTRICTED "SWIM AREA" #7 35th STREET TOWER North sidewalk on 36th street 100' N 155 Feet 14 South sidewalk on 35th street 155 Feet 100' n RESTRICTED "SWIM AREA" #8 46th STREET TOWER W North boundry of Municipal parking lot 19X (4600) (end of boardwalk) 35 - • 100' South boundry of Municipal parking lot 19X (4600) 100' (33 284 Feet 300 Feet 250 Ft. RESTRICTED "SWIM AREA" #9 53rd STREET TOWER w North boundry of Municipal -parking lot South boundry of Municipal parking lot #19B (5300) #19B (5300) 100' 100' 150 feet 150 feet RESTRICTED "SWIM AREA" #10 64th STREET TOWER North boundry of Municipal ' parking lot #19B (6500) South boundry of Municipal parking lot #19B (6500) 100' 100' 200 feet - 200 feet RESTRICTED "SWIM AREA" #11 74th & 72nd STREET TOWERS 100' North wall of the Days Inn 7450 Ocean Terr. North wall of the Sea Gate 7300 Ocean Terr. 7 1 z 0 .21 North wall of the Burleigh House 7135 Collins Ave. 250 FT RESTRICTED "SWIM AREA" #12 80th STREET TOWER 20 feet south of south boundry of boardwalk crossover 100' North side of 79th street 300 feet ry 300 feet i n 250 FT z CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7762 COMMISSION MEMORANDUM NO. a3)_93 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Cartt City Manager SUBJECT: DATE: May 5, 1993 ECONOMIC IMPACT ANALYSIS FOR THE PROPOSED LEGISLATION - CITY ORDINANCE CREATING "RESTRICTED SWIM AREAS" The following economic analysis of the proposed legislation to create "Restricted Swim Areas" is being submitted pursuant to the requirements of Resolution No. 92-20659 approved November 20, 1992: 1. The economic impact of the proposed legislation on the City's budget. The proposed Restricted Swim Areas will necessitate an increase in the Beach Patrol Division Budget of approximately $28518 per budgetary Year. This is sorttingent upon the successful negotiation of a new Benevolent Association Contract that authorizes the utilization of part time lifeguards. Should there be no new contract passed in the near future, the cost will escalate to approximately $65,000 per budgetary year. 2. The economic impact of the proposed legislation on the private sector. There is little or no impact upon the private sector since all designated swim areas are directly east of City owned public beaches. 3. The effect of the proposed legislation on public or private employment. An increase of 1,422 part-time hours to the Beach Patrol budget will be necessary to maintain and patrol the swim areas pertaining to fiscal year 93/94. (see costs below) 4. The costs and benefits, both direct and indirect, of establishing and maintaining the program set forth in the proposed legislation. INSTALLATION COSTS Regulatory Buoys 53 @ $ 64.90 $3,439.70 $810 (shipping) 3/8" Galvanized Chain 265' @ $ 1.02 $ 270.30 1/4" Galvanized Chain 1,012' @ $ .62 $ 627.44 Concrete Anchors (901b.) 53 @ $ 35.00 11.855.00 $6,192.44 YEARLY OPERATIONAL COSTS (estimated) Gas, Oil, & Maint. $ 9,000 Replacement Parts 1,000 Personnel (part time hrs) $11,518 (1,422hrs. © $8.10) $21,518 AGENDA ITEM DATE 53 3 -b -I 5 -i• -q3 COMMISSION MEMO MAY 5,1993 PAGE 2 ECONOMIC IMPACT ANALYSIS FOR THE PROPOSED LEGISLATION - CITY ORDINANCE CREATING "RESTRICTED SWIM AREAS" (continued) The additional cost of replacing the outboard motors would amount to an average of approximately two to three thousand dollars per year, per motor given a four to five year replacement schedule. Currently, the Marine Patrol has an offer from Mariner Outboards to replace their motors each year with new ones for $3000 per motor. BENEFITS The bathing public will continue to be protected from the dangers of intrusion by power boats (including personal water craft) into a "Guarded Swim Area". This protection has been provided for approximately 10 years. 5. Wheather the proposed legislation is necessary to enable the City to obtain local, state or federal grants or other financing. Indicate Yes or his No 6. Any other concerns the Administration deems necessary to advise the Commission of, in order to appreciate the economic effects of the proposed legislation. A small amount of revenue will be generated from the issuance of citations / fines to those boaters that have entered the "Restricted Swim Area". operated their vessel in a dangerous manner or have had improper equipment onboard. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7762 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. a sl? -9 ,.3 Mayor Seymour Gelber and DATE: May 19, 1993 Members of the City Commission Roger M. CarttonQ City Manager CITY ORDINANCE CREATING "RESTRICTED SWIM AREAS" RECOMMENDATION: The Administration recommends the adoption, upon this second reading, of the specified City Ordinance creating and defining a "Restricted Swim Area" which will exclude motor powered vessels from entering guarded areas populated by the bathing public. BACKGROUND: For over a decade the Miami Beach Patrol placed regulatory buoys 250 feet east of all guarded public beaches to mark the "Restricted Swim Area" in order to exclude boats and protect the public. During this time the Beach Patrol Rescue Boat and the Police Department Marine Patrol worked together to remove power boats from the area. Due to the lack of a City Ordinance, fines could only be issued for reckless operation of the vessel and only if a member of the Police actually witnessed the infraction. The State of Florida notified the Beach Patrol office that the past definition was no longer valid and would need to be updated. The Beach Patrol has prepared the enclosed diagrams and marker list with specific locations noted by line of sight and surveyed coordinates to be submitted to the State for acceptance. The City Commission passed the Ordinance and the concept of the "Restricted Swim Area" upon first reading on May 5, 1993. ANALYSIS: The enactment of this Ordinance will allow the Police Marine Patrol to issue fines to any power vessel that enters the designated "Swim Area". This protection is essential due to the increase in recreational usage of Miami Beach's coastal waters. Scuba and skin divers, water sports enthusiasts and the bathing public will benefit from this restricted area. Municipalities throughout the coastal regions of the United States are enacting ordinances and creating "restricted areas" in order to protect endangered species, sensitive ecosystems and the bathing public. The dangerous operation of personal watercraft has been noted in the past at Commission meetings and is a topic of discussion throughout local municipalities. Through the enactment of the proposed Ordinance, guarded public beaches will be designated as "Restricted Swim Areas" and shall be marked by 53 standard regulatory buoys noting "vessel exclusion". AGENDA 1 TEM DATE 3J �C�_ C\3 COMMISSION MEMO MAY 19,1993 PAGE 2 The latitude and longitudinal coordinates of these buoys and swim areas will be sent to the State of Florida for acceptance and documentation. All placement of the restricted areas remains east of City property and causes no encroachment upon access to private property. The cost to install the buoys will be $10,000 to be funded from the general fund. Average replacement, due to damage and loss, will be ten to fifteen buoys per year at a cost of approximately $1,000.00. CONCLUSION: The advantages of safety and protection to be gained by the enactment of this proposed Ordinance and the placement of the "Restricted Swim Area" are highly tangible and favor the adoption of this concept. Staff is recommending that this ordinance move directly to first reading rather than committee review due to the short time period before the summer season begins. 350- CC N 'Ci a) G a) co r -I U ^ C) U COC 4-+ f •ri IC G U r --I 00 I O. I-1 1J U) •r•i .. : �t I cO 0 $-1 CO CO' ..0 o y' a) )-i U •e CV I O W$.4 W •rl •rl 0 •rI Gi •r1 N a a 0 •r4 C/) 4 -JC) -J G CO Z 3 •H'0 3 • CO z W •ri CI) 'CO a) 1J ,-i C) C.) 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