Resolution 2024-32941 RESOLUTION NO. 2024-32941
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO
PRIORITIZE THE ENFORCEMENT OF CODE VIOLATIONS AND ALL ILLEGAL
ACTIVITIES OCCURRING ON THE INDIAN CREEK WATERWAY.
WHEREAS, the commercialization of the Indian Creek Waterway on Miami Beach has
escalated to alarming levels, with a significant increase in illegal charter operations affecting the
quality of life for City residents; and
WHEREAS, the proliferation of these illegal charters has contributed to increased traffic
congestion, noise disturbances, and disruptions to the peaceful enjoyment of the surrounding
neighborhoods; and
WHEREAS, the City Administration recognizes and has acknowledged a dramatic uptick
in charter-related violations post-Covid-19; and
WHEREAS, as a result, the Mayor and City Commission adopted Ordinance Nos. 2023-
4550 and 2024-4596 (the "Ordinances"), which limit commercial vessel activity at public marinas
and marine facilities, and private marinas and marine facilities, respectively, each day from 9 p.m.
until 7 a.m. the following day.
WHEREAS, the Police Department and Code Compliance department have reported and
responded to numerous complaints regarding the noise and various other disturbances generated
by party boats, further underscoring the need for immediate and effective enforcement of existing
codes and regulations regarding this issue; and
WHEREAS, the enforcement of regulations concerning the Indian Creek Waterway
involves collaboration among multiple agencies, including the City's Code Compliance
Department, the Police Department (including the Marine Patrol unit), Miami-Dade County
Environmental Resources Management ("DERM"), Florida Fish and Wildlife Conservation
Commission ("FWC"), and the United States Coast Guard; and
WHEREAS, the Code Compliance Department has taken proactive measures by
prioritizing enforcement in the Indian Creek Waterway area, maintaining staff presence from 10:00
a.m. to 12:00 a.m. daily, and coordinating with law enforcement to address illegal charter
activities, resulting in over 100 notices of violation having already been issued in the past several
months; and
WHEREAS, the Police Department Marine Patrol officers work during the peak hours of
the day and operate until 11:00 p.m. based on data establishing that the peak activity transpires
prior to 11:00 p.m. daily; and
WHEREAS, the City of Miami Beach reaffirms its commitment to prioritizing the
enforcement of code violations and all illegal activities associated with the commercial utilization
of the Indian Creek Waterway.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to prioritize the enforcement of code violations
and all illegal activities occurring on the Indian Creek Waterway.
PASSED and ADOPTED this o2/ day of r rkiy , 2024.
ATTEST: / •
------ (1 Steven Meiner, Mayor
AUG 0 2 20L4
Rafael E. Granado, City Clerk N. .......0 ,
(Sponsored by Commissioner David Suarez and * , -
co-sponsored by Commissioner Joseph Magazine) :INCORPI ()RATED
-7,8••••• . ....y
- ,014 2-61.'‘
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
....c .
City Atforney ji,\ Dote
New Business and Commission Requests -R9 AE
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner David Suarez
DATE: February 21, 2024
SUBJECT: DISCUSS/TAKE ACTION ON THE CITY'S ENFORCEMENT EFFORTS
AGAINST ILLEGAL CHARTER VESSELS OPERATING ALONG THE
INDIAN CREEK WATERWAY.
BACKGROUND/HISTORY
Was the 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 name of lobbyist(s)and principal(s): N/A
ANALYSIS
I would like to discuss the City's enforcement efforts regarding the numerous charter vessels
operating along the Indian Creek waterway, in particular between 41st Street and 63rd Street.
It is my understanding that there are five (5) City-issued business tax receipts ("BTRs"), only
three (3)of which are presently active, authorizing businesses to conduct charter vessel and/or
boat rental activities between 41st Street and 63rd Street. Moreover, of the three (3) active
BTRs, I believe that only two (2) of the BTRs provide for the charter and/or rental of motorized
vessels, and the combined maximum number of permitted motorized vessels for those two (2)
• BTRs is approximately ten (10) total vessels. As such, any other motorized charter vessels
and/or boat rentals operating along the Indian Creek waterway, between 41st Street and 63rd
Street, are doing so illegally as they aren't in possession of a valid, City-issued BTR.
Accordingly, I would request that the City Administration and the Code Compliance Department
provide the Mayor and City Commission with an update concerning the monitoring and
enforcement of illegal charter vessels and rental boats operating along Indian Creek.
Additionally, I would request that the Code Compliance Department be prepared to advise the
City Commission as to any additional funding or other resources that might be needed to
enhance enforcement of illegal charter vessel activity in the area so that my colleagues and I
may discuss and take any appropriate action.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
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The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure, if any, at the City Commission Meeting.
Is this a"Residents Right Does this item utilize G.Q.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Commissioner David Suarez
•
Page 1253 of 1278