BIE - Use of Boat Ramp Maurice Gibb Park (07/10/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach.Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickelle Wi liam s,Interim city Manager Kl)
MEETING DATE:July 24,2024
SUBJECT:BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE
CITY OF MIAMI BEACH,CHAPTER 66,ENTITLED "MARINE
STRUCTURES,FACILITIES AND VESSELS,"ARTICLE Ill,
ENTITLED "PIERS,DOCKS AND BOAT RAMPS,"BY AMENDING
SECTION 66-107,ENTITLED "MAINTENANCE OF PUBLIC PIERS,"
TO BE RETITLED "USE OF THE BARRY KUTUN BOAT RAMP AND
ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK,"AND TO
REGULA TE THE USE OF THE BARRY KUTUN BOAT RAMP AND
ALL ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK;
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION
AND FOR AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 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 Estim ate fo r the above-referenced Ordinance is not required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;□The pro posed Ordinance is required to implem ent 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;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implem ent the following:
a.Part II of Chapter 163,Florida Statutes,relating to gro wth policy,county and municipal
planning,and land developm ent regulation,including zoning,development orders,
developm ent agreem ents and development perm its;
b.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
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.
Business Impact Estimate
Page 2
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 I ikely 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.
a j BEACH
City ot Miami Beach,1700 Convention Center Drive Miami Beach,Florida 33139 www.riamibeach!I.gov
COMMISSION MEMORANDUM
TO:M ayor Steven M einer and M em bers of the City Com m ission
FROM:Ricardo J,Dopico.C ity Attorn ey [_
FIRST READING
DATE:M ay 15 ,2024
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH,CHAPTER 66,ENTITLED "MARINE STRUCTURES,FACILITIES AND
VESSELS,"ARTICLE 111,ENTITLED "PIERS,DOCKS AND BOAT RAMPS,"BY
AMENDING SECTION 66-107,ENTITLED "MAINTENANCE OF PUBLIC
PIERS,"TO BE RETITLED "USE OF THE BARRY KUTUN BOAT RAMP AND
ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK,"AND TO
REGULATE THE USE OF THE BARRY KUTUN BOAT RAMP AND ALL
ASSOCIATED PIERS/DOCKS AT MAURICE GIBB PARK;PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION AND FOR AN EFFECTIVE
DATE.
A t the request of the sponsor,C om m issioner D avid S uarez,this propo sed ordinance is
presented to the M a yor and C ity C om m ission fo r you r consideration on first reading .
P u blic pie rs and othe r facilities m ay be m aintained by the city for the purpose of loading
and unlo ad ing pa sseng e rs,supplies and boating gea r and fo r sim ilar purposes.It is the
po licy of the city to m aintain such facilities in a m anne r that w ill perm it the greatest public
use and avoid continuo us occupancy,congestion or blocking of the faci lity.
C ity C ode S e c.66-10 7 ("M aintenance of public pie rs")currently pro hibits docking any
vessel at any public pie r or other facility for a period of m o re than 20 m inutes.
T he pro po sed ordinance am ends Sec.66-10 7,by pro viding as follow s:
T he Barry K utun B oat R am p shall be used only to launch and retrieve
no ncom m e rcia l vessels for a period not to exceed tw enty m inutes fo r each
task,exclusively by residents of the C ity of M iam i Beach.T he floating
do ck(s)at M a u rice G ibb Park shall be used only fo r launching and
dise m barking of noncom m ercial hum an-pow ered recreational vessels such
as paddlebo a rds and kayaks fo r a pe riod not to exceed tw enty m inutes fo r
each task.T he use of any portion of the Barry Kutun Boat R am p ,or any
Commission Memo
March 13,2024
Page 2
port ion of the floating dock,by operators of dinghies,tenders,or any other
vessel to dock,stop,stand,or drop off/pick up passengers is specifically,
but w ithout lim itation,prohibited,except fo r duly licensed water taxis
authorized by the C ity of M iam i Beach picking up or dro pping off
passengers,and any vessel experiencing an em ergency that precl udes it
from safely traveling to an altern ate perm itted dock.Vessels docking,
stopping,standing,or dropping off passengers due to an em ergency m ay
rem ain at the dock fo r only so long as is necessary fo r the M iam i Beach
Police Depart m ent or M iam i Beach Fire R escue to render aid or fo r the
length of tim e necessary fo r the vessel to be tow ed by a duly licensed vessel
tow ing serv ice .
Fines fo r violatio n of the pro posed O rdinance would range from $1000 fo r a first
vio lation and im m ediate tow ing of any vessel used in the violation,$2000 fo r a
second violation and im m ediate tow ing of any vessel used in the violation,and
$5000 fo r a third or subsequent violation and im m ediate tow ing of any vessel used
in the violation.
A ltern atively,violatio ns m ay be enforced pursuant to Section 1-14 of the City C ode,
w hich provides fo r crim inal penalties including up to a $500 fine and/or 60 days in
jail.
R JD /R FRI m m m
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH,CHAPTER 66,ENTITLED
"MARINE STRUCTURES,FACILITIES AND VESSELS,"
ARTICLE Ill,ENTITLED "PIERS,DOCKS AND BOAT RAMPS,"
BY AMENDING SECTION 66-107,ENTITLED "MAINTENANCE
OF PUBLIC PIERS,"TO BE RETITLED "USE OF THE BARRY
KUTUN BOAT RAMP AND ASSOCIATED PIERS/DOCKS AT
MAURICE GIBB PARK,"AND TO REGULATE THE USE OF THE
BARRY KUTUN BOAT RAMP AND ALL ASSOCIATED
PIERS/DOCKS AT MAURICE GIBB PARK;PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION AND FOR AN
EFFECTIVE DATE.
WHEREAS,Sec.66-107 currently allows docking of any vessel at any public pier or other
facility for a period of 20 minutes or less;and
WHEREAS.the Mayor and City Commission desire to protect the City's valid public
purposes for the Barry Kutun Boat Ramp and all associated piers/docks at Maurice Gibb Park;
and
WHEREAS,the Mayor and City Commission,therefore,ordain that the use of the Barry
Kutun Boat Ramp and all associated piers/docks at Maurice Gibb Park shall be limited as set forth
herein.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.That Section 66.107,of the Code of the City of Miami Beach is/are hereby
amended as follows:
CHAPTER 66
MARINE STRUCTURES,FACILITIES AND VESSELS
***
ARTICLE Ill.-PIERS,DOCKS AND BOAT RAMPS
Sec.66-107 -Maintenance of public piers Jse of the BarryKutun Boat Ramp and all
associated piers/docks at Maurice Gibb Park
(a}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.#t is the
policy of the city to maintain such facilities mna manner that will permit the greatest public
use and avoid continuous occupancy.congestion or blocking thereof,W/here necessary
to achieve public use and avoid extended occupancy,congestion or blocking thereof,the
city manager i author+zed 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.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 supples or gear to remain
for a period of time longer than 20 minutes.
The Barry Kutun Boat Ramp shall be used only to launch and retrieve noncommercial
vessels for a period not to exceed twenty minutes for each task,exclusively by residents
of the City of Miami Beach.The floating dock(s)at Maurice Gibb Park shall be used only
for launching and disembarking of noncommercial human-powered recreational vessels
such as paddleboards and kayaks for a period not to exceed twenty minutes for each task.
The use of any portion of the Barry Kutun Boat Ramp,or any portion of the floating dock.
by operators of dinghies,tenders.or any other vessel to dock,stop,stand,or drop off/pick
up passengers is specifically,but without limitation,prohibited,except for duly licensed
water taxis authorized by the City of Miami Beach picking up or dropping off passengers,
and any vessel experiencing an emergency that precludes it from safely traveling to an
alternate permitted dock.Vessels docking,stopping,standing,or dropping off passengers
due to an emergency may remain at the dock for only so long as is necessary for the
Miami Beach Police Department or Miami Beach Fire Rescue to render aid or for the
length of time necessary for the vessel to be towed by a duly licensed vessel towing
service.Any use of the Barry Kutun Boat Ramp or any associated piers/docks in violation
of this section shall be punishable as follows:
1.Fine of S1000 for a first violation and immediate towing of any vessel used in the
violation.
2.Fine of S2000 for a second violation and immediate towing of any vessel used in the
violation.
3.Fine of $5000 for a third or subsequent violation and immediate towing of any vessel
used in the violation.
Alternatively,violations may be enforced pursuant to Section 1-14 of the city code.
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,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach,Florida.The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention,and the word"ordinance"may be changed to"section,"
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article,"or other appropriate word.
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SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect on the day of2024
PASSED AND ADOPTED this day of2024
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner David Suarez)
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