Ordinance 2025-4729 ORDINANCE NO. 2025-4729
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MARINE STRUCTURES,
FACILITIES AND VESSELS," BY AMENDING ARTICLE III, ENTITLED
"PIERS, DOCKS AND BOAT RAMPS," BY AMENDING SECTION 66-116
THEREOF, ENTITLED "COMMERCIAL VESSEL ACTIVITY HOURS OF
OPERATION AT PRIVATE MARINAS AND PRIVATE MARINE
FACILITIES,"TO CORRECT A SCRIVENER'S ERROR IN THE DEFINITION OF
A PLEASURE VESSEL; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 66-116(a) of the City Code provides definitions for vessel,
commercial vessel, and pleasure vessel; and
WHEREAS, this amendment to the defnition of a pleasure vessel is necessary to correct
a scrivener's error contained in the current definition.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 66-116 of the City Code shall be amended as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VESSELS
ARTICLE III. PIERS, DOCKS AND BOAT RAMPS
Sec. 66-1'I6. Commercial vessel activity hours of operation at private marinas and private
marine facilities.
(a) Definitions. The following words, terms, and phreses, 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:
(7) Commercial vessel means and indudes 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 ae4 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 institutioq 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
aek 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 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, and licensed towing vessels, 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
govemed by section 82-72 of the city Code.
(c) Civil penalties. The code compliance department and police tlepartment shall enforce Ihis
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) 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 fne 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 magistrete within ten days after service
of the notice of violation, and that the failure to appeal the violation within ten days
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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 f rst 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 fne 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 magistrete 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, orfails to timely request an administretive 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, forwhich fines and penalties shall
be assessed accordingly.
(6) A certifed 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 othenvise execute upon the lien.
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(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 competentjurisdiction, 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 'brdinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on T�� a10d.�
PASSED and ADOPTED this c�s day of J�[h2 , 2025.
ATTEST: �( /�
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JUN 3 0 2025 Steven Meiner
Mayor
.Ep� E. nado, City Clerk
RE IS BAR8011
(Sponsored by Commissioner David Suarez� APPROVED AS TO
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Underline denotes additions. ;F�" ��ti'�� & F XECUTION
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Ordinances-RS E
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of lhe City Commission
FROM: City Attomey Ricardo J. Dopico
DATE: June 25, 2025 925 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIN OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 66 OF THE CODE OF THE CITV
OF MIAMI BEACH, FLORIDA, ENTITLED "MARINE STRUCTURES, FACILITIES
AND VESSELS," BY AMENDING ARTICLE III, ENTITLED "PIERS, DOCKS AND
BOAT RAMPS," BY AMENDING SECTION 66-116 THEREOF, ENTITLED
"COMMERCIAL VESSEL ACTIVITV HOURS OF OPERATION AT PRIVATE
MARINAS AND PRIVATE MARINE FACILITIES," TO CORRECT A SCRIVENER'S
ERROR IN THE DEFINITION OF A PLEASURE VESSEL; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORV
ANALVSIS
Section 66-116(a) of Ihe City Code provitles definitions for vessel, commercial vessel, and
pleasure vessel.
The proposed ordinance conects the defnition of a pleasure vessel to correct a scnvener's ertor
(the erroneous use of the word "not") contained in ihe cuvent definition.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance reauire a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 6I10I2025
See BIE at https:llwww.miamibeachFl.qovlcitv-halllcitv-clerklmeetinq-noticesl
FINANCIAL INFORMATION
CONCLUSION
1453
Aooliwble Area
Citywide
Is this a "Residents Riaht to Know" @em Is this Item related to a G.O. Bond
Dursuant to Citv Code Section 2-17? Proiect?
No rya
Was this Aaenda Item initiallv reauested bv a lobbvist which.as deflned In Code 5ec. 2d81
incluAes a orincioal enaaned in Iobbvino? No
If so, specify the name of lobbyist(s) and D�ncipal(s):
Deoartment
City Attorney
SDonsor(sl
Commissioner Davitl Suarez
Casoonsorlsl
Condensed Title
9:25 a.m. 2nd Rdg, Correct Scnveners Error in Definition of Pleasure Vessel. (Suarez)CA
Pravious Action (For Ciri Clerk Use Onlvl
First Reading Public Heanng on 5l27/2025- R5 AK
7454 �