Ordinance 2018-4222 ORDINANCE NO. 2018-4222
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE V, ENTITLED
"BEACHES," BY AMENDING DIVISION 2, ENTITLED
"RESTRICTED AREAS," BY AMENDING THE PROVISIONS IN
SECTIONS 82-466 THROUGH 82-470 REGARDING DEFINITIONS,
PROHIBITING WATERCRAFT IN RESTRICTED SWIM AREAS,
PROHIBITING WATERCRAFT IN CERTAIN NON-RESTRICTED
SWIM AREAS, PROVIDING EXCEPTIONS FOR THE LAUNCH
AND USE OF CERTAIN WATERCRAFT IN PERMITTED AREAS,
PROVIDING REQUIREMENTS REGARDING CERTIFICATIONS,
SAFETY EQUIPMENT, AND DISTANCE, PROVIDING
EXCEPTIONS REGARDING RESTRICTED AND NON-
RESTRICTED SWIM AREAS, AND AMENDING THE
PROVISIONS FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, various provisions in Chapter 82, Article V, Division 2 of the City Code,
regarding watercraft and restricted areas on the City's beaches, are outdated and should be
amended in the interest of the public health, safety, and welfare to address current beach
conditions and the types of watercraft presently utilized by the City's residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 82, Article V, Division 2 of the Code of the City of Miami Beach is hereby
amended as follows:
Chapter 82
PUBLIC PROPERTY
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ARTICLE V. BEACHES
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DIVISION 2. RESTRICTED AREAS
Sec. 82-466. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Chase or emergency watercraft means watercraft available solely for the purpose of
effecting 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.
Corridor means a defined area within the restricted area leading from the shoreline to the
western eastern boundary of the restricted area, in which watercraft may be used subject to
conditions set forth in this subdivision.
Licensee means a person or business entity operating a watercraft rental business or
providing watercraft lessons on a public beach located within the city pursuant to a concession
agreement with the city.
Mechanically powered watercraft means a watercraft using an internal combustion engine
or an electric motor as its primary source of motive propulsion. The term includes personal
watercraft such as jet skis.
Personal watercraft means an inboard-powered vessel, such as ajet 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.
Restricted area means the area defined in section 82-467 . . - -
appendix I to this article.
Watercraft means 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, kiteboards, sailboats, any wind-driven or non-propeller-driven
watercraft, any personal watercraft, and any mechanically powered, jet-driven, and combustion-
driven watercraft.
Watercraft operator means 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.
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Sec. 82-467.Restricted swim areas.
The areas located on public beaches within the city as described in appendix 1 to thi..
artiste that are between 400 feet to the north and 400 feet to the south of a lifeguard tower and 300
feet east into the ocean from the mean highwater mark shall be known as restricted swim areas
and shall be governed by the provisions of sections 82-468 through 82-470. Such areas shall be
marked by the use of buoys as described in appendix 21 to this article and located 300 feet east
into the ocean from the mean highwater mark.
Sec. 82-468. Watercraft prohibited in restricted swim areas and in certain non-restricted
swim areas; permitted launch, ingress/egress, and use areas for kiteboards; requirements
regarding safety equipment and distance.
(a) Except as otherwise provided in .ection 82 969 this division, it shall be unlawful for
any licensee or watercraft operator to launch, ingress/egress steer, propel, operate,
cause to be operated,or use any watercraft within the restricted swim areas as set forth
in section 82-467.
(b) Kiteboard operators must launch, ingress, and egress kiteboards only in the following
city-designated beach areas:
1. The area extending 125' south of the northern boundary of 25`h Street
2. Non-restricted swim areas north of 29th Street, except as otherwise provided in
subsection(b)(3).
3. 7611] Street shall only be utilized for kiteboarding lessons by city-approved
concessionaires and their students.
(c) All kiteboard operators, except for students engaged in kiteboarding lessons at 76`h
Street. must be currently certified by the International Kiteboarding Organization
(IKO), the International Kiteboarding Association (IKA), or the Professional Air Sport
Association (PASA) as a Level 3 kiteboarder. ..& -must Be tib ening April 1 201 at1
kiteboard operators shall immediately provide a city-issued permit as proof of such
certification u.on re.uest b an •erson authorized to enforce this division. Beeinnin
April 1, 2019a A permitee shall be required to submit written verification to the city
with its permit application or yearly renewal, confirming that the permitee is in full
compliance with the provisions set forth in this section. Beginning April1 2019 a All
kiteboarders must display a city-issued form of identification (i.e.. streamer. etc.) on
their kiteboard or kite at all times.
(d) Persons operating watercraft must utilize appropriate safety equipment as required by
law and are responsible for the safe operation of their watercraft.
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(el All watercraft operators, except-operators of surfboards and skim boards, shall
maintain a 300 foot distance from the mean highwater mark at all times, except as
otherwise provided in Section 82-469 or when authorized to use the city-designated
launch and ingress/egress areas set forth in subsection (b).
i All watercraft operators ex e. ..erat. of _ shoard . d ,im bo. .s shall
maintain a distance of 50 feet away from bathers/swimmers at all times.
(g) The providing of kiteboarding lessons by any person or entity other than as authorized
by a concession agreement with the city, regardless of whether monetary or other form
of compensation or consideration is received by such person or entity, is prohibited.
Sec. 82-469. Exceptions.
The following shall be exceptions to the restrictions set forth in sections 82-467 and 82-
468:
(1) Chase or emergency watercraft operated by federal, state, county, or city
governments while engaged in law enforcement, rescue, or other necessary
municipal or governmental tasks.
(2) Watercraft operated by the federal geveeasnent, state, county, or city
governments while engaged in law enforcement or other necessary municipal or
governmental tasks.
(3) Watercraft operated within a corridor authorized by the city and clearly marked
as such by use of buoys or other markers as approved by the city, the state
department of natural resources, and such state and federal agencies whose
approval is or may be required by law.
(4) Surfboards, skim boards and sailboards are permitted in the restricted swim areas
I and 2 as set forth on appcndix I to this article between the Government Cut
jetty and 1s' Street.
(5) Emergency beaching of watercraft when necessary to prevent loss of life, limb or
property.
(6) Watercraft concessions may be operated as authorized pursuant to a concession
agreement with the city.
Q Kiteboards are permitted in restricted swim areas, but only during the hours when
the beaches are open and lifeguards are not on duty, provided they are operated
at least 200 feet east into the ocean from the mean highwater mark.
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Sec. 82-470. Enforcement; penalties.
waters located within the restricted area described in appendix 1 to this article.
days, or by both such fine and imprisonment.
Civil penalties. Except as otherwise provided in subsection (b), the code compliance
department shall enforce this division. This shall not preclude other law enforcement
agencies from taking any action to assure compliance with this division and all
applicable laws.
L If a violation is observed, the enforcement officer shall be authorized to issue a
notice of violation. The notice will 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, that the violation may be appealed by requesting an
administrative hearing before a special master within ten days after service of the
notice of violation, and that the failure to appeal the violation within ten days of
service shall constitute an admission of the violation and a waiver of the right to a
hearing.
2. A violation of this division, except as otherwise provided in subsection (b), shall
be subject to the following fines and penalties:
a. If the violation is the first offense, a person or business shall receive a civil fine
of$500
b. If the violation is the second violation within the preceding six months, person
or business shall receive a civil fine of$1.000.00
c. If the violation is the third violation within the preceding six months, a person
or business shall receive a civil fine of$2,000; and
d. If the violation is the fourth or subsequent violation within the preceding six
months, a person or business shall receive a civil fine of $5,000.00, and any
city permit issued pursuant to section 82-468(c) and any city-issued business
tax receipt shall be revoked.
3. A violator who has been served with a notice of violation must elect to either:
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, which must be requested within ten days of the service of the
notice of violation.
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4. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. A request for the
administrative hearing must be accompanied by a fee as approved by a resolution
of the city commission, which shall be refunded if the named violator prevails in
the appeal.
5. 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 may be informed of such failure by the code enforcement
officer. The failure of the named violator to appeal the decision of the code
enforcement officer within the prescribed time period shall constitute a waiver of
the violator's right to an administrative hearing before the special master, and
shall be treated as an admission of the violation, for which fines and penalties
shall be assessed accordingly.
6. 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. which 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. On or after the 61st day following the recording of any
such lien that remains unpaid, the city may foreclose or otherwise execute upon
the lien.
7. Any party aggrieved by a decision of a special master may appeal that decision to
a court of competent jurisdiction.
8. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
9. The special master shall not have discretion to alter the penalties prescribed in
subsection(a) herein.
(b) Criminal penalties: The provisions in section 82-468(g) shall be enforced by the city's
police department and any other state and federal authorities having jurisdiction over
the city's beaches and the waters within the restricted and non-restricted swim areas of
the city. Any person convicted of the violation of section 82-468(g) shall be punished
by a fine not to exceed $500 or by imprisonment in the county jail for not more than
30 days, or both such fine and imprisonment.
* * s
6
APPENDIX 1. RESTRICTED SWI51 AREAS
[NOTE TO CODIFIER: ALL DIAGRAMS IN APPENDIX 1 ARE TO BE DELETED]
APPENDIX 2 1. REGULATORY BUOY
* * *
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 rclettered 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 e f day of /1-4.440*-, 2018.
PASSED AND ADOPTED this" r• a .mkt-- , 2018.
ATTEST: r
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Ra ael E. Granado, City Jerk O N /_-
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Underline denotes additions APPROVED AS TO
Strikethrough denotes deletions FORM & LANGUAGE
Double underline denotes additions at Second Reading & FOR EXECUTION
city Attorney Dote
(Sponsored by Vice-Mayor Mark Samuelian)
F:'ATTO\TLR,\\ORDINANCFACI I.82 Public Prnpern.Kifebuvrding-Beaches REVISED IIID I.201N doe'
Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 14, 2018
10:40 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE V,
ENTITLED "BEACHES," BY AMENDING DIVISION 2, ENTITLED "RESTRICTED
AREAS,' BY AMENDING THE PROVISIONS IN SECTIONS 82-466 THROUGH 82-
470 REGARDING DEFINITIONS, PROHIBITING WATERCRAFT IN RESTRICTED
SWIM AREAS, PROHIBITING WATERCRAFT IN CERTAIN NON-RESTRICTED
SWIM AREAS, PROVIDING EXCEPTIONS FOR THE LAUNCH AND USE OF
CERTAIN WATERCRAFT IN PERMITTED AREAS, PROVIDING REQUIREMENTS
REGARDING CERTIFICATIONS, SAFETY EQUIPMENT, AND DISTANCE,
PROVIDING EXCEPTIONS REGARDING RESTRICTED AND NON-RESTRICTED
SWIM AREAS, AND AMENDING THE PROVISIONS FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Neighborhood/Community Affairs Committee recommended approving the Ordinance, amending various
provisions in Chapter 82,Article V, Division 2 of the City Code addressing current beach conditions and the types of
watercraft presently utilized by the City's residents and visitors, including reducing the provision that all watercraft
operators must maintain a 300 foot distance from the shoreline at all times to no less than 200 feet when lifeguards
are not present and reducing the proposed fines and penalties from those recommended to the Committee.
ANALYSIS
At the March 7, 2018 Commission Meeting, after hearing from City staff and members of the public,
the Mayor and City Commission directed the Administration to develop new kiteboarding regulations,
with an enforcement plan, including requiring kiteboarders, that are not receiving lessons, to have a
certification requirement, based upon the IKO Level 3, or equivalent; requiring kiteboarders to
maintain a distance of 50 feet from swimmers, and to only engage in kiteboarding at least 200 feet
from shore, except during launching and landing; and restricting this activity to certain locations of the
beach. Additionally, the City Commission approved kiteboarding, by IKO Level 3 kiteboarders only,
at beach locations at 25th Street and north of 29th Street; restricted kiteboarding lessons to only the
76th Street location; prohibited kiteboarding, in addition to the restricted swim areas, from 25th Street
to 29th Street and south of 24th Street; and, further, directed the City Administration to provide an
update to the City Commission in (6) months after the regulations have been in effect.
The City Attorney's Office has worked in conjunction with Code Compliance, the Office of Real
Estate, Ocean Rescue and the Police Department/Marine Patrol to develop amendments to Chapter
Page 860 of 1981
82, Article V, Division 2 of the Code of the City of Miami Beach amending the provisions in Sections
82-466 through 82-470 regarding definitions, prohibited watercraft in restricted swim areas,
prohibiting watercraft in certain non-restricted swim areas, exceptions for the launch and use of
certain watercraft in permitted areas, providing requirements regarding safety equipment and
distance, providing exceptions regarding restricted and non-restricted swim areas, and an-ending the
provisions for enforcement and penalties. The proposed Ordinance is attached hereto as Attachment
1 (Ordinance).
Police Department/Marine Patrol Comments
Even though the Proposed Amendments are consistent with the direction from the City Commission
at its March 7, 2018 meeting, the Police Department has advised the Administration they have
concerns for the following reasons:
1. Marine Patrol does not have the ability to stop offenders offshore because of the risks
associated with having a kite in the air.
2. The Marine Patrol vessels are limited to the extent they can't get too dose to shore where there
is typically higher surf and swimmers.
The Police Department has also expressed concerns with having to monitor such a large section of
the beach, essentially from 25th Street to 87thTerrace. The Police Department has recommended
limiting kiteboarding launching and landing activities to a single location such as 25th Street. This
way signage can be posted on shore regarding the rules and regulations associated with
kiteboarding.
Proposed Permitting Process
We propose to develop a permitting process in Energov in order to utilize the technology available to
some City field staff. This process will be managed by the Customer Service Center under the
Finance Department. The Customer Service Center is open Monday through Friday from 9:00 AM to
5:00 PM. Individuals would be able to apply and obtain kiteboarding permits during that time or could
submit their application information online. The proposed online process would work as follows:
1. Create a Citizen Access Portal (CAP)Account
2. Select to apply for a kiteboarding permit
3. Complete online application (name, email, phone number, address, certifying agency, certification
level)
4. Upload documentation (government photo identification, kiteboarding certification card)
5. Acknowledge and agree to the regulations and penalties
6. Pay the application fee
Once the application is submitted electronically, a Customer Service Representative will review the
information and determine whether the applicant meets the standards set forth in the ordinance. If it
is determined the applicant is a candidate for a permit, the individual will be notified to pick up the
permit and streamer from the Customer Service Center, located at 1755 Meridian Avenue, Monday
through Friday between 9:00 AM and 5:00 PM.
The City will determine the amount of the application fee based on the estimated costs to the Finance
Department for administering the permitting process and based on the estimated costs to the Police
Department an Code Compliance for enforcement of the ordinance.
Neiohborhood/Community Affairs Committee
This matter was discussed at the June 20, 2018 Neighborhood/Community Affairs Committee
Page 861 of 1981
(NCAC) meeting. The draft ordinance submitted to the NCAC contained a provision that all
watercraft operators must maintain a 300 foot distance from the shoreline at all times. The 300 foot
distance is consistent with the distance from the shoreline which marks the restricted swim areas in
front of lifeguard towers. At the request of the president of the Mian Beach Kiteboarding
Foundation, the NCAC recommended in favor of allowing kiteboarding no less than 200 feet of the
shoreline at times when lifeguards are off duty. Further, the draft ordinance submitted to the NCAC
contained provisions which provided a progressive fine policy between $1,000 and $10,000 for
providing unauthorized lessons and possible jail time not to exceed thirty days for certain other
violations. At the request of the president of the Miami Beach Kiteboarding Foundation, the NCAC
directed staff to reduce the severity of penalties/fines associated with the new rules and regulations.
The attached Ordinance incorporates both of the NCAC's recorrmendations. First, the distance
restriction on kiteboarders has been reduced to no less than 200 feet when lifeguards are not
present. Second, the amounts of the proposed monetary fines were reduced to between $500 and
$5,000 and the only violation constituting a criminal offense is the provision of unauthorized lessons.
The Administration believes this unauthorized commercial activity should be charged as a
misdemeanor, whereas the remaining violations concern recreational kiteboarders and are sufficiently
enforced as civil infractions.
This item went to First Reading at the September 12, 2018 Commission meeting and Second
Reading at the October 17, 2018 Commission meeting. At the October 17 meeting the item was
opened and continued to the November 14, 2018 meeting. Since such time, Subsection 82-467(e)of
the Ordinance has been modified to provide an exception for operators of surfboards and skim
boards to be permitted within 300 feet from shore and Subsection 82-467(f) of the Ordinance has
been modified to provide an exception for operators of surfboards and skim boards to be permitted
within 50 feet of bathers/swimmers.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Ordinance on Second Reading
Public Hearing.
FINANCIAL INFORMATION
It is anticipated the amount of the permit tee will offset the costs to the Finance Department for
administering the permitting process and the costs to the Police Department and Code Compliance
for enforcement of the ordinance. It is anticipated the financial impact will be budget neutral. The
permit fee will be set by separate resolution.
Legislative Tracking
Tourism, Culture and Economic Development
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
❑ Ordinance
Page 862 of 1981