BIE - Prohibit/Notice Req. for Towing of Vessels from Pub Prop (03/01/2024)M IA M I BEA C H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager ~w~ /)y
March 13, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
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,
FLORIDA, ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS," BY
AMENDING ARTICLE IV., ENTITLED "VESSELS," BY AMENDING SECTION 66-151
THEREOF, ENTITLED "LAUNCHING, HAULING AND DOCKING AT PUBLIC SEAWALL,
ETC., PROHIBITED- UNAUTHORIZED VESSELS: ENFORCEMENT," BY PROHIBITING THE
DOCKING OR MOORING OF VESSELS AT OR ALONG CERTAIN PUBLIC PROPERTY, AND
MODIFYING THE NOTICE REQUIREMENTS FOR THE TOWING OF UNAUTHORIZED
VESSELS DOCKED OR OTHERWISE SECURED ALONG THE CITY'S PUBLIC PROPERTY;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
D The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
D The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
D The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
B u s in e s s Im p a c t E s tim a te
P a g e 2
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
14. Additional comments: None.
MIAMI BEACH
Rafael A. Paz, City Attorney
City of Miami Beach, 17OO Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner
Members of the City Commission
FROM: Rafael A. Paz, City Attorney V~
DATE: February 21, 2024
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, FLORIDA, ENTITLED "MARINE STRUCTURES, FACILITIES AND
VESSELS," BY AMENDING ARTICLE IV., ENTITLED "VESSELS," BY AMENDING
SECTION 66-151 THEREOF, ENTITLED "LAUNCHING, HAULING AND DOCKING
AT PUBLIC SEAWALL, ETC., PROHIBITED - UNAUTHORIZED VESSELS:
ENFORCEMENT," BY PROHIBITING THE DOCKING OR MOORING OF VESSELS
AT OR ALONG CERTAIN PUBLIC PROPERTY, AND MODIFYING THE NOTICE
REQUIREMENTS FOR THE TOWING OF UNAUTHORIZED VESSELS DOCKED OR
OTHERWISE SECURED ALONG THE CITY'S PUBLIC PROPERTY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance"), sponsored by Commissioner David Suarez and co-
sponsored by Commissioner Joseph Magazine, is submitted for first reading at the February 21, 2024
City Commission meeting.
The City Commission has received complaints about persons docking at public seawalls, outfalls, and
other public property, causing problems and concerns in such areas. The City has approximately 29,479
feet of public seawall, which is the equivalent of 5.58 miles, within its territorial jurisdiction.
The City seawalls serve the purpose of protecting the island and any public improvements from
seawater encroachment, with outfalls at certain points for drainage purposes. However, the City's
seawalls and related infrastructure such as outfalls are simply not designed to act as a dock or tie-off
point for the launching, docking or hauling of vessels. As the waterfront may be covered in coral, rocks,
oyster beds and/or various seaweeds, the improper and unauthorized docking of vessels in areas that
were not designed for such activities implicates safety hazards and the risk of physical injury to persons
and/or damage to property. For these reasons, the improper use of the seawalls, outfalls or other City
infrastructure as a docking, launching or hauling location would not be protective of the health, safety
and welfare of the citizens and visitors of Miami Beach.
Chapter 66 of the City Code provides for the regulation of vessels and docking, including limitations on
docking at public and private property within the City. The City Code provides that the launching,
docking or hauling of vessels from public seawalls is a violation of the City Code, which subjects the
Com m ission M em orandum - 1st Rdg. - Amending Sec. 66-151 - Prohibition and Notice Requirements
for Towing of Vessels from Public Property
Page 2
violator to the issuance of a notice of violation (with an associated civil fine), along with the towing of
the illegally docked vessel if the appropriate notice (signage) requirements are met.
The proposed Ordinance would modify the notice (signage) requirements pertaining to the access and
use of the City's property as it relates to the towing of vessels illegally utilizing the City's public seawalls,
outfalls, or other public property or infrastructure.
If adopted, the Ordinance would increase the maximum allowable distance betw een "Tow-Away Zone"
notices (signs) posted along the City's public seawalls from 25 feet to 100 feet and would authorize the
City to post such "To w-Away Zone" notice directly onto a vessel (instead of the seawall) if an
unauthorized vessel is docked at an area in which posing notices (signs) along the seawall is
impracticable. Furthermore, the Ordinance would eliminate the requirement that such notices (signs)
also be posted 3-6 feet above ground.
Accordingly, the proposed Ordinance will serve the City's health, safety and welfare goals of providing
appropriate notice to the general public that vessels illegally docked along the City's public seawall are
subject to being towed, and would eliminate the burden and financial expense for the City of excessive
signage.
RA P/ MAF/bhs
O R D IN A N C E N O .
A N O R D IN A N C E O F TH E M A Y O R A N D C IT Y CO M M IS S IO N O F TH E CIT Y O F
M IA M I B E A C H , FLO R ID A , A M E N D IN G C H A P T E R 66 O F TH E C O D E O F TH E
C IT Y O F M IA M I B E A C H , FL O R ID A , EN T IT L E D "M A R IN E S T R U C T U R E S ,
FA C ILI T IE S A N D V E S S E L S," B Y A M E N DI N G A R TIC LE IV ., E N T IT LE D
"V E S S E LS ," B Y A M E N D IN G S E C TI O N 66-151 TH E R E OF , E N T IT L E D
"LA U N C H IN G , HA U LI N G A N D D O C K IN G A T P U B LI C S E A W A L L, ET C .,
P R O H IB IT E D - U N A U TH O RI Z ED V E S S EL S: EN F O R C E M E N T," B Y
P R O H IB ITI N G TH E D O C K IN G O R M O O R IN G O F V E S S E LS A T O R A L O N G
C E R T A IN P U B LI C P R O P E R T Y , A N D M O D IFY IN G T H E NO T IC E
R E Q U IR E M E N T S FO R T H E TO W IN G O F U N A U T H O R IZ E D V E S S E LS
D O C K E D O R O T H E R W IS E S E C U R E D A LO N G TH E C IT Y 'S P U B LI C
P R O P E R T Y ; A N D P R O V ID IN G FO R RE P E A LE R , S E V E R A B ILI TY ,
C O D IFIC A TIO N , A N D A N E F FE C T IV E DA T E .
W H E R E A S , Chapter 66 of the City Code provides for the regulation of vessels and
docking, including limitations on docking at public and private property within the City; and
WHEREAS, the City Commission has received complaints about persons docking at
public seawalls and outfalls, which has caused issues and concerns in such areas; and
WHEREAS, the City Code presently provides that the launching, docking or hauling of
vessels from the City's public seawalls within its residential areas is a violation of the City Code;
and
WHEREAS, the City, pursuant to its proprietary capacity and authority (as the owner of
many public seawalls within the various residential neighborhoods and other areas of the City),
desires to clarify the prohibitions and notice requirements pertaining to the access and use of the
City's seawalls, infrastructure, and other public property; and
WHEREAS, the City has approximately 29,479 feet of public seawall, which is the
equivalent of 5.58 miles, within its territorial jurisdiction; and
WHEREAS, the seawalls serve the purpose of protecting the island and any public
improvements from seawater encroachment; and
WHEREAS, the City's outfalls provide certain points where stormwater can safely
discharge into a body of water; and
WHEREAS, the seawalls and outfalls are not designed to act as docks or tie-off points for
the launching, docking, mooring, or hauling of vessels; and
WHEREAS, the improper and unauthorized docking or mooring of vessels may result in
damage to the City's seawalls, outfalls, infrastructure, or other public property; and
WHEREAS, persons may be injured due to attempts to improperly dock at, or tie to, public
property that is not specifically designated for the docking of vessels. as the waterfront may be
covered in coral, rocks, oyster beds and/or various seaweeds that can cause slipping hazards;
and
WHEREAS, improper docking is also a liability risk to the City and the seawalls,
infrastructure, and other public property are not routinely monitored, and improper use of public
property for the docking, launching or hauling of vessels would not be protective of the health,
safety and welfare of the citizens and visitors of Miami Beach; and
WHEREAS, the Mayor and City Commission hereby desire to adopt the following
amendments in order to make the community aware and provide them adequate notice
concerning the prohibition on docking at certain public property, and that the improper
unauthorized use of the seawalls, infrastructure, or other public property shall result in towing of
the vessel.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the section of the City Code setting forth the prohibition and notice
requirements for the towing of any unauthorized vessels docked along the City's seawall,
infrastructure, or other public property, as such Ordinance is codified in section 66-151 of
the City Code, be amended as follows and as hereinafter set forth below
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VESSELS
ARTICLE IV. VESSELS
*
Sec. 66-151. Launching, hauling and docking at public seawall, infrastructure, or other
public property etG,,- 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, infrastructure, or any other 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,
city infrastructure, or other public property not specifically designated for such purpose
shall be considered an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls, infrastructure, or any other public
property not specifically designated for such purpose is 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, infrastructure, or other public property not specifically designated for such
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purpose 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-mon th 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. In addition. the city may also elect to have the unauthorized vessel towed pursuant
to subsection c.2. belo w.
c. Enforcem ent
1. Th e code com pliance departm ent or the M iam i Beach Police D epartm ent shall
enfo rce the provisions of this section. This shall not preclude other law
enfo rcem ent agencies or regulatory bodies from any action to assure
com pliance w ith this section and all applicable law s. If an enfo rcing offi cer finds
a violation of this section, the offi cer shall issue a notice of violation to the
violator. The notice of violation shall info rm the violator of the nature of the
violation, am ount of fine fo r w hich the violator is liable, instructions and due
date fo r paying the fine, notice that the violation m ay be appealed by requesting
an adm inistra tive hearing within ten days after service of the notice of violation,
and that failure to appeal the violation w ith the ten days shall constitute an
adm ission of the violation and a w aiver of the right to a hearing.
2. The city shall post the follow ing notice on all public seaw alls:
"T O W -A W AY ZO NE. 24 HO U R S ; 7 D A Y S . U N A U TH O R IZE D V E S S E LS W ILL
BE TO W E D A W AY AT O W NE R 'S R IS K A ND EX P E N S E . [T E LE P HO NE
N U M B E R A N D NA M E O F TO W IN G CO M P A NY TO BE IN S E R TE D ]"
In order to establish a tow -aw ay zone to rem ove unauthorized vessels from
being docked at or along the city's seaw all, infrastructure, or other public
pro perty, the city m ust pro vide the above notice. The notice m ust be
prom inently placed along the seaw all, w ith not less than one sign fo r each 100
25 feet of frontage. The notice m ust clearly indicate, in not less than tw o-inch
high , lig ht-reflective letters on a contr a stin g backgr o und , th at una uthor ized
vessels w ill be tow ed aw ay at the ow ner's expense. The words "tow -aw ay
zone" m ust be included on the sign in not less than four-inch high letters. The
notice m ust also pro vide the nam e and current telephone num ber of the person
or firm tow ing or rem oving the vessels. Tho sign structure containing the
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required notice must be permanently installed with the words "tow away zone"
not less than three feet and not more than six feet above ground level and lf,
in the sole discretion of the city, the posting of notice along the seawall is
impracticable in a certain area, such notice may instead be posted on any
unauthorized vessel docked along the city's seawall, infrastructure, or other
public property. Notices must be continuously maintained for not less than 24
hours prior to the towing or removal of any unauthorized vessels; however,
nothing herein shall require the city to post more than one (1) notice on any
vessel in a12-month period.
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.
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S E C TI O N 2. R E P E AL E R.
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
remaindershall not be affected by such invalidity.
SECTION4, 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 day of , 2024.
PASSED AND ADOPTED this d ay of , 2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez
and co-sponsored by Commissioner Joseph Magazine}
Underline denotes additions.
Strikethrough denotes deletions.
APPROVED AS TO
FORM & LANGUAGE
8 FOR EXECUTION
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