R5G-Amend Marine Structures Facilities And Vehicles Ordinance -Weithorn-OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO:
FROM:
CC:
DATE:
SUBJECT:
Mayor Matti Herrera Bow
Jose Smith, City Attorn y
Jorge M. Gonzalez, Cit
January 11, 2012
of the City Commission
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,
"MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS, DOCKS
OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS, CREATING
EXCEPTIONS, PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
The attached ordinance was prepared at the request of Commissioner Weithorn, and was
referred to the Neighborhoods and Community Affairs Committee by the City Commission on
October 19, 2011. On December 8, 2011, the Committee recommended its adoption to the City
Commission.
The ordinance prohibits persons from docking or securing vessels, and embarking or
disembarking, at any public seawall in a single family neighborhood, except in case of
emergency involving safety to life or property.
The ordinance is within the authority of the City to enact under its police power, in order to
protect the public health, safety and welfare. It would reduce crime and trespass to abutting
private property. Enforcement of the ordinance would be in response to citizen complaints. The
ordinance is not affected by recent State legislation limiting the city's authority to regulate
anchoring in navigable waters.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration evaluated the long term economic impact (at least 5
years) of this proposed legislative action. The proposed ordinance, if enacted, would not have
any economic impact.
JS/GMH/DT /mem
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ORDINANCE NO. __ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,
"MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS,
DOCKS OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS,
CREATING EXCEPTIONS, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Code, Chapter 66, provides for the regulation of vessels
and docking, including limitations on docking at public and private land within the City, as
permitted by State law; and
WHEREAS, the City Commission has received complaints about persons
docking at public seawalls in single family neighborhoods causing problems and
concerns in such neighborhoods; and
WHEREAS, the City Attorney drafted an ordinance at the request of
Commissioner Weithorn that addresses the problem by prohibiting such dockage, with
certain exceptions; and
WHEREAS, the ordinance was presented to the Neighborhoods and Community
Affairs Committee on December 8, 2011, which recommended its adoption; and
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article IV, "Vessels,"
Section 66-151, "Launching and hauling," is hereby amended as follows:
Sec. 66-151.-Launching.~. aRd hauling, and docking at public seawall, etc.,
prohibited.
No person shall launch or remove any vessel from the waters of the city over any public
seawall, sidewalk, street end, or public property except at locations where a regular
business of launching 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. 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. in a single family neighborhood. except in case of emergency involving safety
to life or property.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
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SECTION 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _________ , 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Underscore denotes new language.
Strikethrough denotes deleted language.
MAYOR
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