Ordinance 2024-4624 ORDINANCE NO. 2024-4624
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 III, 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 III. - PIERS, DOCKS AND BOAT RAMPS
Sec.66-107 - Use of the Barry Kutun Boat Ramp and all
associated viers/docks at Maurice Gibb Park
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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$1000 for a first violation and immediate towing of any vessel used in the
violation.
2. Fine of$2000 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,"
2
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article," or other appropriate word.
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SECTION 5. EFFECTIVE DATE. Al
This Ordinance shall take effect on the 3 day of A , 2024.
PASSED AND ADOPTED this ooy day of ✓ur , 2024.
ATTEST: (/
7-Nd
n emer, yor
J U L 3 0 2024
Rafael E. Granado, City Clerk
Underline denotes additions •.''
Strikettwough denotes deletions INCORP OWED 8
(Sponsored by Commissioner David Suarez) y ;...:..•� �,
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4
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Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 24, 2024 10:20 a.m. Second Reading Public Hearing
TITLE: 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.
•
RECOMMENDATION
At the request of the sponsor, Commissioner David Suarez, the proposed ordinance is presented
to the Mayor and City Commission for consideration. The Ordinance was approved on First
Reading at the June 26, 2024 City Commission Meeting. No changes have been made between
First and Second Readng.
BACKGROUND/HISTORY
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 of the facility.
City Code Sec. 66-107 ("Maintenance of public piers") currently prohibits docking any vessel at
any public pier or other facility for a period of more than 20 minutes. The proposed ordinance
amends Sec. 66-107, by providing as follows:
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. •
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•
Fines for violation of the proposed Ordinance would range from $1000 for a first violation and
immediate towing of any vessel used in the violation, $2000 for a second violation and immediate
towing of any vessel used in the violation, and $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, which provides for criminal penalties including up to a
$500 fine and/or 60 days in jail.
ANALYSIS
FISCAL IMPACT STATEMENT
N/A .
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/10/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/citv-clerk/meeting-notices/
FINANCIAL INFORMATION
Click or tap here to enter text.
CONCLUSION
•
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
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