Ordinance 2025-4730 ORDINANCE NO. 2025-4730
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 III, 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 CLARIFY THE
DEFINITIONS SET FORTH THEREIN AND ESTABLISH LIMITATIONS FOR
OWNER AFFIRMATIVE DEFENSE FOR PERSONAL USE OUTSIDE OF
PERMITTED HOURS OF OPERATION; 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
activityat public marinas and public marine facilities each dayfrom 9 p.m. until 7 a.m. the following
day; and
WHEREAS, the complaints and issues emanating from public marinas and marine
facilities have been greatly reduced since Ordinance No. 2023-4550 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 City has experienced a recent increase in commercial vessel operation
from public marinas outside of the permitted hours for such activities, with the operators of these
commercial vessels asserting (perhaps falsely) that the commercial vessel is being operated
purely for personal pleasure purposes and not for commercial purposes; and
WHEREAS, the Mayor and City Commission desire to adopt the following clarification and
regulation in the City Code of Laws and Ordinances in order to address resident concems
surrounding the nighttime departure and operetion of commercial vessels from public marinas
when the owner is operating the vessel outside of permitted hours of operation, putatively for
personal purposes, 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 AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-72 of the City Code shall be amended as follows:
CHAPTER82
PUBLIC PROPERTY
ARTICLE III. USE OF PUBLIC PROPERTY
DIVISION 1. GENERALLY
Sec. 82-72. Commercial vessel activity hours of operetion 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 exdusively 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 othenvise 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 watervvays of the city.
Vessel means and includes every description of watercraft used or capable of being used
as a means of transportation on watec 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 (induding, 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 Ihe practice of recing
conducted by a private or public educational institution, school, academy, college,
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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
ae! 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.
It shall be an affirmative defense oursuant to this section if the owner of a commercial
vessel oroves bv dear and convincino evidence that he or she is ooeratina the vessel
durinq prohibited hours without comoensation of anv kind for his or her own oleasure and
the oleasure of his or her oersonal friends and/or relatives
Any person who knowinalv makes anv false statement to suoport this affirmative defense
shall be ounished oursuant to Sec 1-14 of the citv code
Notwithstanding the foregoing, ail pleasure vessels, along with commercial fishing
vessels, commercial diving vessels, and licensed towing vessels, 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 property 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 tlays
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 fne
of$500,00;
b. If the violation is the second violation within the preceding six months, person
or business shall receive a civil fne of$1,000.00;
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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 fne 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 Ihe civil
fine, orfails to timely request an administrative hearing before a special magistrate,
the special magistrate may be informed of such failure by the code enforcement
offcec The failure of the named violator to appeal the decision of the code
enforcement offcer within the prescribed time period shall constitute a waiver of
the violators right to an administrative hearing before the special magistrate, and
shall be treated as an admission of the violation, for which fines and penal[ies 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 violators real or personal
property, but shall nol 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.
(7) Any party aggrieved by a decision of a special magistrate may appeal that decision
to a court of compe�entjurisdiction.
(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.
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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 "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on Tu�� S aUd�
PASSED and ADOPTED this C S day of �N Nt , Zp2q.
ATTEST: G�/j _
f // _
"(.e(n�vl._
iUN 3 0 20 . Steven Meiner
Mayor
� � el ranado �;i'sE'yc
0 City Clerk :�r" ,y,�
REGIS BARBOU ; "„�� :. ;
: +IN(OAP OU.IEP g
(Sponsored by Commissioner David Suarez)�'-3q�, � ,1A�.'--= APPROVED AS TO
',,cN�26.-' FORM 8 LANGUAGE
Underline denotes atlditions. � & FOR EXECUTION
SlriketLKeugh denotes deletions.
� s� 7 �Zo2d'
City A orney � Date
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Ordinances- R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the Cily Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 25, 2025 9:26 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITV
OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTV,"BY AMENOIN6 DIVISION
1, ENTITLED "GENER4LLV," BV AMENDING SECTION 82-72 THEREOF,
ENTITLED "COMMERCIAL VESSEL ACTIVIN HOURS OF OPERATION AT
PUBLICLY-OWNED MARINAS," TO CLARIFY THE DEFINITIONS SET FORTH
THEREIN AND ESTABLISH LIMITATIONS FOR OW NER AFFIRMATIVE DEFENSE
FOR PERSONAL USE OUTSIDE OF PERMITTED HOURS OF OPERATION; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
REGOMMENDATION
BACKGROUNDIHISTORY
ANALYSIS
The City has seen a significant increase in commercial vessel activiry in the last several years,
particularly since the COVID-19 pandemic. 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.
On April 28, 2023, ihe Ciry Commission approved Ordinance No. 2023-0550, that is codified in
Section 82-72 of the City Code, which limits commercial vessel activiry at public mannas and
public marine facilities each day from 9 p.m. until 7 a.m. the following day; and ihe complaints
and issues emanating from public marinas and manne facilities have been greatly reduced since
Ordinance No. 2023-4550 wenl into eRect.
The City nonetheless has still experienced issues involving disNrbances, noise, and arresls for
illegal conduct, due to commercial vessel nighttime departures; and the City has expedenced a
recent increase in wmmercial vessel operation from public madnas outside of the permitted hours
for such activities, with the operators o�these commercial vessels asserting (perhaps falsely)that
the commercial vessel is being operated purely for personal pleasure purposes and not for
commercial purposes.
If adopled, Ihis proposed ordinance would clanty rules for personal a([er hours "personal" use of
commercial vessels to address resident concerns surrounding Ihe nighttime departure and
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operation of commercial vessels from public mannas when Ihe owner is operating the vessel
outside of permitted hours of operetion, putatively for personal purposes.
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 publishad on: 6I9I2025
See BIE at: https�llwww miamibeachFl aav/citv-hall/ci[v-clerk/meetina noticesl
FINANCIAL INFORMATION
CONCLUSION
Aooliwble Area
Citywide
Ia this a "Residents Rlaht to Know" item Is this item related to a G.O. Bond
pursuant to CiN Code Saction 2-177 Proiect7
No No
Was this Aaenda Item initiallv reauestad bv a lobbvist which as defined in Code Sec 2d81
includes a orincioal enaaoed in lobbvina� No
If so, specify the name ot lobbyist(s)and pnncipal(s):
Deoartment
City Attomey
Soonsorlsl
Commissioner David Suarez
Co-soonsorfsl
Condensed Title
926 a.m. 2nd Rtlg, Amentl Definition of Pleasure Vessel/Establish limits for Owner. (DS) CA
1460
Previous Action fPor CiN Clerk Use Onlvl
First Reading PuDlic Hearing on 5/21I2025- RS AM
1461 �