Loading...
BIE - COMMERCIAL VESSEL ACTIVITY (10/11/2024)MIAMI BEACH 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 Eric Carpenter,City Manager JjJJ__,;,(l... October 30,2024 SUBJECT:BUSINESS IMPACT ESTIMATE FOR: 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, FLORIDA,ENTITLED "PUBLIC PROPERTY,"BY AMENDING ARTICLE Ill,ENTITLED "USE OF PUBLIC PROPERTY,"BY AMENDING DIVISION 1,ENTITLED "GENERALLY,"BY AMENDING SECTION 82-72 THEREOF,ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT PUBLICLY-OWNED MARINAS,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PUBLICLY-OWNED MARINAS AND MARINE FACILITIES;AND AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,ENTITLED "MARINE STRUCTURES,FACILITIES AND VESSELS,"BY AMENDING ARTICLE Ill,ENTITLED "PIERS,DOCKS,AND BOAT RAMPS," BY AMENDING SECTION 66-116 THEREOF,ENTITLED "COMMERCIAL VESSEL HOURS OF OPERATION AT PRIVATE MARINAS AND PRIVATE MARINE FACILITIES,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PRIVATELY- OWNED MARINAS AND MARINE FACILITIES;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;□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 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;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following: a.Part II of Chapter 163,Florida Statutes,relating to growth policy,county and Business Impact Estimate Page 2 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; 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.a.The City of Miami Beach estimates that the proposed Ordinance will have the following economic impact on private,for-profit businesses in the City of Miami Beach: The Ordinance prohibits commercial vessels from departing public or private marinas from 7 p.m.-7 a.m.each day (commercial activity is already generally prohibited from 9 p.m.-7 a.m.the following day),so the economic impact upon businesses would potentially be the loss of revenue,if any,that otherwise would have been generated by the departure of commercial vessels from 7 p.m.-9 p.m.However,because the City doesn't possess any records,tax information,or other documentation that would indicate the revenue generated by private businesses from commercial charter vessels during the prohibited hours,it isn't possible for the City to ascertain or even ascribe an estimated numeric value to the loss of revenue. b.The proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; c.The proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible;and d.The City of Miami Beach will not generate any revenue from new charges or fees,and,at this juncture,the City intends to monitor and seek compliance with the Ordinance by utilizing its existing staff. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: There are approximately 114 businesses in the City that could be impacted by the Ordinance. I 4.Additional comments:None. Ordinances -R5 K M IAM I BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:City Attorney Ricardo J.Dopico DATE: TITLE: September 11,2024 First Reading 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,FLORIDA,ENTITLED "PUBLIC PROPERTY,"BY AMENDING ARTICLE Ill,ENTITLED "USE OF PUBLIC PROPERTY,"BY AMENDING DIVISION 1,ENTITLED "GENERALLY,"BY AMENDING SECTION 82-72 THEREOF, ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT PUBLICLY-OWNED MARINAS,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PUBLICLY-OWNED MARINAS AND MARINE FACILITIES;AND AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS,"BY AMENDING ARTICLE Ill,ENTITLED "PIERS, DOCKS,AND BOAT RAMPS,"BY AMENDING SECTION 66-116 THEREOF, ENTITLED "COMMERCIAL VESSEL HOURS OF OPERATION AT PRIVATE MARINAS AND PRIVATE MARINE FACILITIES,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PRIVATELY-OWNED MARINAS AND MARINE FACILITIES;AND PROVIDING FOR REPEALER, SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed Ordinance,sponsored by Commissioner David Suarez,is submitted for consideration by the Mayor and City Commission. Due to the significant increase in commercial vessel activity the City has experienced in the last several years,particularly since the COVID-19 pandemic,there have been many quality-of-life complaints related to commercial charter vessel activity including unruly commercial charter and boat rental patrons,disturbances caused by public intoxication,people engaging in excessively loud arguments and playing excessively loud music,and public urination. 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. While many of the complaints and issues emanating from public and private marinas and marine facilities have been greatly reduced since the Ordinances were enacted,the City nonetheless still experiences some issues involving disturbances,noise,and arrests for illegal conduct,due to nighttime commercial vessel departures. Therefore,in an attempt to ameliorate these issues,the proposed Ordinance would prohibit commercial vessels from departing any public or private marina or marine facility from 7:00 p.m. until 7:00 a.m.the following day,with an exception provided for commercial fishing vessels, commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours. FISCAL IMPACT STATEMENT None. Does this Ordinance require a Business Impact Estimate?Yes (FOR ORDINANCES ONLY) If applicable,the Business Impact Estimate (BIE)was published on . See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Click or tap here to enter text. Applicable Area Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-17? No Is this item related to a G.O.Bond Project? No Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2481, 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) Condensed Title NR-1st Rdg,Ch.82,Prohibit Hours of Departure for Commercial Vessels.(Suarez)CA ORDINANCE NO._ 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,FLORIDA,ENTITLED "PUBLIC PROPERTY,"BY AMENDING ARTICLE Ill,ENTITLED "USE OF PUBLIC PROPERTY,"BY AMENDING DIVISION 1,ENTITLED "GENERALLY,"BY AMENDING SECTION 82-72 THEREOF,ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT PUBLICLY -OWNED MARINAS,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PUBLICLY-OWNED MARINAS AND MARINE FACILITIES;AND AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA, ENTITLED "MARINE STRUCTURES,FACILITIES AND VESSELS,"BY AMENDING ARTICLE Ill,ENTITLED "PIERS,DOCKS,AND BOAT RAMPS," BY AMENDING SECTION 66-116 THEREOF,ENTITLED "COMMERCIAL VESSEL HOURS OF OPERATION AT PRIVATE MARINAS AND PRIVATE MARINE FACILITIES,"TO MODIFY THE PROHIBITED HOURS OF DEPARTURE FOR COMMERCIAL VESSELS AT PRIVATELY-OWNED MARINAS AND MARINE FACILITIES;AND PROVIDING FOR REPEALER, SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS,the City has seen a significant increase in commercial vessel activity in the last several years,particularly since the COVID-19 pandemic;and WHEREAS,the City has also experienced many quality-of-life complaints related to commercial charter vessel activity including unruly commercial charter and boat rental patrons, disturbances caused by public intoxication,people engaging in excessively loud arguments and playing excessively loud music,and public urination;and WHEREAS,on or about April 28,2023,the City Commission approved Ordinance No. 2023-4550,that is codified in Section 82-72 of the City Code,which limits commercial vessel activity at public marinas and public marine facilities each day from9 p.m.until 7 a.m.the following day;and WHEREAS,on or about February 21,2024,the City Commission adopted Ordinance No. 2024-4596,that is codified in Section 66-116 of the City Code,which limits commercial vessel activity at private marinas and private marine facilities each day from 9 p.m.until 7 a.m the following day;and WHEREAS,the complaints and issues emanating from public and private marinas and marine facilities have been greatly reduced since Ordinance No.2023-4550 and Ordinance No. 2024-4596 went into effect;and WHEREAS,the City nonetheless has still experienced issues involving disturbances, noise,and arrests for illegal conduct,due to commercial vessel nighttime departures;and WHEREAS,the Mayor and City Commission desire to adopt the following regulations in the City Code of Laws and Ordinances in order to address the concerns surrounding the nighttime departure of commercial vessels,which are necessary for the protection of City residents'quality of life,and which are consistent with,and further,the public health,safety and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR ANO CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS: SECTION 1.That Sections 82-72 and 66-116 of the City Code shall be amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE Ill.USE OF PUBLIC PROPERTY DIVISION 1.GENERALLY * Sec.82-72.Commercial vessel activity hours of operation at public marinas. (a)Definitions.The following words,terms,and phrases,when used in this section,shall have the meaning ascribed to them in this section,except where the context clearly indicates a different meaning: Marina means any installation operated for profit which exclusively provides any accommodations or facilities for watercraft,including mooring,docking,storing,leasing,sale or servicing of watercraft,located in the waters of the city. Marine facility means any device,dock,structure,building or component of a marina. Operate means to navigate or otherwise use a vessel on or in the waters of the city. Premises means any occupied or unoccupied vessel,marina,marine facility,accessory structure,dock or pier,lot or parcel of land or any part thereof,used or intended to be used on or in conjunction with the waterways of the city. Vessel means and includes every description of watercraft used or capable of being used as a means of transportation on water.The term shall mean any watercraft,and all vessels shall belong to one of the following classes: (1)Commercial vessel means and includes every vessel used or operated for commercial purposes on the navigable waters of the city;that is either carrying passengers (including,but not limited to.charters and rentals),carrying freight.towing,or for any 2 other use:for which a compensation is received,either directly or where provided as an accommodation,advantage,facility or privilege at any place or public accommodation, resort or amusement. (2)Pleasure vessel means and includes every vessel not within the classification of commercial vessel.The provisions of this chapter shall apply to rowboats,canoes, sailboats,except as otherwise expressly provided.The term shall not include a crew racing shell,which means any shell,gig,barge or other boat designed primarily for the practice of racing conducted by a private or public educational institution,school, academy,college,university or association of any of the preceding,or by an amateur sports club or association or by the United States or International Olympics Committee, and shall not include canoes,rowboats or lifeboats. (b)Prohibitions.Commercial vessels shall be prohibited from departing each day from 7:00 p.m. until 7:00 a.m.the following day.All other commercial vessel activity shall be prohibited at public marinas and public marine facilities each day from 9:00 p.m.until 7:00 a.m.,the following day.Such prohibition shall include,but not be limited to,operating a commercial vessel,the queueing,embarkation or disembarkation of passengers,and the loading or unloading of any food,goods,equipment,fuel or supplies. Notwithstanding the foregoing,all pleasure vessels,along with commercial fishing vessels, commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours that are properly registered with the marina operator as such,shall be exempt from the requirements of this section.It shall be the sole responsibility of any person owning,operating or utilizing a vessel for commercial activity to ensure that such vessel is properly and accurately registered with the marina operator for the purpose of claiming an exemption to the requirements of this section. This section shall not be construed as to prohibit public marinas and public marine facilities from providing core marina functions including,but not limited to,utilities,dockage,storage,and other services typically provided by a marina. (c)Civil penalties.The code compliance department shall enforce this section.This shall not preclude other law enforcement agencies from taking any action to assure compliance with this division and all applicable laws. (1)If a violation is observed,the enforcement officer shall be authorized to issue a notice of violation to the commercial vessel.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 paving the fine,that the violation may be appealed by requesting an administrative hearing before a special magistrate 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 section 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 $500,00; 3 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 $2,000.00;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-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 magistrate to appeal the notice of violation,which must be requested within ten days of the service of the notice of violation. (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 magistrate,the special magistrate 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 magistrate,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 61 st 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 magistrate may appeal that decision to a court of competent jurisdiction. (8)The special magistrate 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 magistrate shall not have discretion to alter the penalties prescribed in this subsection. w w 4 * CHAPTER 66 MARINE STRUCTURES,FACILITIES AND VESSELS ARTICLE Ill.PIERS,DOCKS,AND BOAT RAMPS ** Sec.66-116.Commercial vessel activity hours of operation at private marinas and private marine facilities. (a)Definitions.The following words,terms,and phrases,when used in this section,shall have the meaning ascribed to them in this section,except where the context clearly indicates a different meaning: Private marina means any privately-owned or operated,for-profit,dock or installation that provides accommodations or facilities for any watercraft,including mooring,docking,storing, leasing,sale,or servicing of watercraft,located within the city. Private marine facility means any device,dock,structure,building or component of a marina. Operate means to navigate or otherwise use a vessel on or in the waters of the city. Vessel means and includes every description of watercraft used or capable of being used as a means of transportation on water.The term shall mean any watercraft,and all vessels shall belong to one of the following classes: (1)Commercial vessel means and includes every vessel used or operated for commercial purposes on the navigable waters of the city that is either carrying passengers (including, but not limited to,charters and rentals),carrying freight,towing,or for any other use for which a compensation is received,either directly or where provided as an accommodation,advantage,facility or privilege at any place or public accommodation, resort,or amusement. (2)Pleasure vessel means and includes every vessel not within the classification of commercial vessel.The term shall not include a crew racing shell,which means any shell,gig,barge or other boat designed primarily for the practice of racing conducted by a private or public educational institution,school,academy,college,university or association of any of the preceding,or by an amateur sports club or association or by the United States or International Olympics Committee,and shall not include canoes. rowboats or lifeboats. (b)Prohibitions Commercial vessels shall be prohibited from departing each day from 7:00 p.m. until 7:00 a.m.the following day.All other commercial vessel activity shall be prohibited at private marinas and private marine facilities each day from 9:00 p.m.until 7:00 a.m.the following day.Such prohibition shall include,but not be limited to,operating a commercial 5 vessel;the queueing,embarkation or disembarkation of passengers;and the loading or unloading of any food,goods,equipment,fuel or supplies. Notwithstanding the foregoing,all pleasure vessels-,along with commercial fishing vessels, commercial diving vessels,licensed towing vessels,and educational "eco"or nature tours shall be exempt from the requirements of this section. This section shall not be construed as to prohibit private marinas and private marine facilities from providing or utilizing core marina functions including,but not limited to,utilities,dockage,storage, and other services typically provided by a marina This section shall not apply to public marinas and public marine facilities which are governed by section 82-72 of the city Code. (c)Civil penalties.The code compliance department and police department shall enforce this section;however,this shall not preclude other law enforcement agencies from taking any action to assure compliance with this division and all applicable laws. (1)lf a violation is observed,the enforcement officer shall be authonzed to issue a notice of violation to the commercial vessel.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 magistrate 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 section 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 $500.00; 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 $2,000.00: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-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 magistrate to appeal the notice of violation,which must be requested within ten days of the service of the notice of violation 6 (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 magistrate,the special magistrate 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 magistrate,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 magistrate may appeal that decision to a court of competent jurisdiction. (8)The special magistrate 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 magistrate shall not have discretion to alter the penalties prescribed in this subsection. SECTION 2.REPEALER. All ordinances or parts of ordinances in conflict herewith 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," "article,"or other appropriate word. 7 SECTION 5.EFFECTIVE DATE. This Ordinance shall take effect on PASSED and ADOPTED this day of.2024. ATTEST: Steven Meiner Mayor Rafael E.Granado City Clerk (Sponsored by Commissioner David Suarez) Underline denotes additions. Strikethrough denotes deletions. APPROVED AS TOFORM&LANGUAGE EXECUTION t)/o24 T "nu 8