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Ordinance 2025-4752 ORDINANCE NO. 2025-4752 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 IV, ENTITLED - "VESSELS," BY CREATING SECTION 66-143 THEREOF, ENTITLED "ANCHORING OF COMMERCIAL VESSELS OR FLOATING STRUCTURES USED TO RENT, STORE, OR OTHERWISE SECURE OTHER VESSELS PROHIBITED"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, �anchoring of commercial vessels or floating structures in the territorial waters of the City while being used as a place to conduct the business of renting other vessels, including when storing or otherwise securing such rented vessels, is deleterious to the health, safety, and welfare of the residents and guests of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Sections 66-153 of the City Code shall be created as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VESSELS * * * ARTICLE IV.VESSELS * * � DIVISION 1. GENERALLY * * * Sec. 66-153-Anchorinq of Commercial Vessels or Floatina Structures Used to Rent, Store, or Otherwise Secure Other Vessels Prohibited. � It shall be unlawful for anv person or business to anchor anv commercial vessel (as defined in s. 327.02(8), F.S.)or floatinq structure (as defined in s. 327.02(14), F.S.) in the territorial waters of the citv while beinq used as a place to conduct the business of rentinq other vessels, includinq when storinq or otherwise securinq such rented vessels. � This section shall be enforced pursuant to section 1-14 of this code. � Anv commercial vessel or floatinq structure found to be anchored in violation of this section mav be immediatelv towed and stored at the owner's expense. � In order to provide notice of the requirements of this section to impacted owners or operators of requlated vessels or floatinq structures, a copy of this ordinance and a nautical map depictinq the territorial waters of the citv shall be sent by certified mail, return receipt requested, as well as bv U.S. First Class Mail, to all businesses holdinq a business tax receipt from�the citv allowinq the business to rent vessels. The reauirements of this subsection (d) shall be deemed complete upon mailinq to the address listed on the BTR. 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on ���iS-� �� �d�� PASSED and ADOPTED this '?3 day of 7`��y , 2025. ATTEST: ' Steven Meiner JUL 2 5 2025 Mayor Rafael . Granado City Clerk (Sponsored by Commissioner David Suarez) APPROVED AS TO FORM & LANGUAGE Underline denotes additions. & FO XECUTION �+I�#denotes deletions. .,..,,,, �l�ot�oz� ,,,,, :;p;M!.BEqcy, City orney� Date '�' o s ; ':INLORP�ORAiED` , •., :i�' 2 '�,,�.9•.. ��G :.�o�= ��''��C�H 2�,.--.= �,,,,,,,.... Ordinances - R5 A ' l�/� IA�/1I �EA� I� COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: July 23, 2025 9:25 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND ClTY 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 IV, ENTITLED "VESSELS," BY CREATING S�CTION 66-143 THEREOF, ENTITLED "ANCHORING OF COMMERCIAL VESSELS OR FLOATING STRUCTURES USED TO RENT, STORE, OR OTHERWISE SECURE OTHER VESSELS PROHIBITED"; AND PROVIDING , FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMEIdDATION BACKGROUNDIHISTORY ANALYSIS The proposed ordinance is presented for the consideration of the Mayor and City Commission by the sponsor, Commissioner David Suarez. Anchoring of commercial vessels or floating structures in the territorial waters of the City whi(e � being used as a place to conduct the business of renting other vessels, including when storing or otherwise securing such rented vessels, is deleterious to the health, safety, and welfare of the residents and guests of the City of Miami Beach. if adopted, the proposed ordinance would prohibit any person or business to anchor any - commercial vessel (as defined in s. 327.02(8), F.S.) or floating structure (as defined in s. 327.02(14), F.S.) in the territorial waters of the city while being used as a place to conduct the business of renting other vessels, including when storing or otherwise securing such rented vessels. The proposed ordinance would be enforced pursuant to section 1-14 of the City Code, punishab(e by maximum sixty(60)days in jail and/or a maximum$500 fine. Any commercial vessef or floating structure found to be anchored in violation of the proposed ordinance may be immediately towed and stored at the owner's expense. � In order to provide notice of the requirements of the proposed ordinance to impacted owners or operatars of regulated vessels or floating structures, a copy of the ordinance and a nautical map depicting the territorial waters of the city shal! be sent by certified mail, return receipt requested, as well as by U.S. First Class Mail, to all businesses holding a business tax receipt from the city 926 of 1791 � � allowing the business to rent vessels. FISCAL IMPACT STATEMENT N/A Does this Ordinance re4uire a Business Imaact Estimate? Yes , (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 7/9/2025 See B!E at: httqs://www.miamibeachfl.4ov/citv-hall/citv-clerklmeetina-noticesl � FINANCIAL INFORMATION CONCLUSION Applicable Area � 'Citywide � Is this a "Residents Riaht to Know" item, Is this item reiated to a G.O. Bond ' pursuant to Citv Code Section Z-17? Proiect? No . No Was this Aqenda Item initiallv requested bv a lobbyist which, as de�ned in Code Sec. 2-481. includes a arinciaal enaaQed in lobbvinq? No If so, specify the name of lobbyist(s) and principai(s): � Deqartment � City Attorney . � Sponsor(s) Commissioner David Suarez Co-sponsor(s) Condensed Title 9:25 a.m. 2nd Rdg, Prohibit Anchoring of Vessels to Store Renta!Vessels. (Suarez) CA r 927 of 1791 Previous Action (For City Clerk Use On(y) First Reading Public Hearing on 6/25/2025 - R5 H � 92$of 1791