20140115 AM3MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL 3
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 15, 2014
Mayor Philip Levine
Vice-Mayor Deede Weithorn
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jimmy Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter-2, Article VII, Division3ofthe City Code of Miami Beach entitled "Lobbyists" requires the ..
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 -Commission Committee Assignments
C41 Referral To The Neighborhood/Community Affairs Committee Proposed Audit Of The Police
Department.
(City Manager's Office)
C7 -Resolutions
C7T A Resolution Accepting The Mayor's Recommendation To Authorize The City Manager And The
City Attorney To Take Any And All Actions As May Be Required To Create And Establish An
Independent Not-For-Profit 501 (C)(3) Organization, To Be Known As "One Miami Beach," For The
Purpose Of Providing Assistance To Worthy And Qualified Community Needs And Projects That
Benefit The Health, Welfare, Or Safety Of The City Of Miami Beach And Whose Membership Will
Be Composed Of The Mayor And Two City Commissioners Selected By The Mayor And, As
Necessary, Will Be Subject To The Florida Sunshine Law.
(Requested by Mayor Philip Levine)
1
Addendum, January 15, 2014
C7 -Resolutions
C?U A Resolution Urging The Miami-Dade County Board Of County Commissioners To Adopt Legislation
That Would Expand Opportunities For Digital Dispatch Providers Of For-Hire Transportation Services
In Miami-Dade County.
(Requested by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
R5 • Ordinances
R5U No Wake Zone Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled
"Marine Structures, Facilities And Vehicles," By Amending Article II, Entitled "Restricted Wake Zones,"
By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection C Thereof
Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries Thereof And
Amending Area C On The Appendix Thereto; Providing For Repealer, Severability, Codification, And
An Effective Date. First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
2
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City
DATE: January 15, 2014
SUBJECT: REFERRAL TO THE NEIGHBOR OOD/COMMUNITY AFFAIRS COMMITTEE
PROPOSED AUDIT OF THE POLI E DEPARTMENT
ADMINISTRATION RECOMMENDATION
Refer a Proposed Audit of the Police Department to the Neighborhood/Community Affairs
Committee for consideration and recommendation of a proposal and scope of work from the Police
Executive Research Forum.
BACKGROUND
On September 11, 2013, the City Commission engaged in a discussion on the Police Department
_____ and s_teps thatc.0.uld be_taKeoJo_addre_ss_c_ommunity_con_cems_inJhe_wake_of a_coupJe of inddents
over the summer. Chief Martinez and I presented several options for the Commission to consider.
One of those was an audit of the Police Department by the International Association of Chiefs of
Police ("IACP").
At that meeting, the Commission unanimously voted to refer to the Neighborhood/Community
Affairs Committee (NCAC) in order to obtain a proposal and develop the scope of work for an audit
of the Police Department by the IACP. There were some concerns expressed at the meeting as to
whether the IACP was the right organization for the task. But at that time, both the Chief and I
thought they were the best alternative.
ANALYSIS
Since that time, we have conducted some additional due diligence and identified some
organizations that may be a better fit. In particular, we have met with senior staff of the Police
Executive Research Forum ("PERF"), a leading think tank based in Washington, D.C. for cities
facing difficult issues in policing. In the past two years, for example, PERF has led national
discussions among police chiefs on many difficult policy issues. PERF's Management Services
Division has contracted with more than 100 law enforcement agencies or government authorities to
perform expert reviews of their policies, systems, and operations. PERF's full range of
management services includes comprehensive management surveys, performance audits, and
organizational studies; resource allocation studies; productivity analyses; on-site assistance in
implementing recommendations; and other services. Some of these projects have taken place in
major cities like Minneapolis, Kansas City, Chicago, Los Angeles and Kingston, Jamaica. One
project that may also be germane to our City's experience was the work they did chairing the
Cambridge Review Committee, which was charged with identifying lessons that could be learned
Agenda Item Cl{ I
Date I-I'S-IL(
3
Commission Memorandum
Referral to NCAC -Police Audit
January 15, 2014
Page 2 of 2
from the arrest of Harvard Professor Henry Louis Gates, Jr. PERF submitted a proposal last week
for an extensive assessment of the Miami Beach Police Department.
We had also identified and met with a consulting firm, Greenwood & Streicher, LLC, which was
formed by former Cincinnati Police Chief Tom Streicher and former ACLU of Ohio attorney and
current General Counsel to the ACLU National Board Scott Greenwood. This marriage of law
enforcement and civil rights lawyer provides some unique insight and additional credibility on
certain challenges that face law enforcement.
In discussions with PERF, they indicated that they have worked with Greenwood & Streicher in the
past and would be willing to use them as consultants for this project. It is ·my understanding that
they have already spoken and this will be the case. This team will combine the extensive resources
and national network of PERF with the strong civil rights background of the Cincinnati-based
consultants. I believe this team is much better suited than the IACP for the task at hand.
CONCLUSION
Since the original motion was to refer to NCAC the review of a proposal and scope of audit by the
IACP, I thought it prudent to ask the Commission to modify that referral and direct me to negotiate
a contract and scope of work with PERF, and bring that to NCAC later this month, with the goal of
. final approval by the Commission at the February meeting.... .. .. . .. . . .. . . . . .. . . .
4
'9 MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manager ,,
i I /,f ~
Rafael Granado, City Clerk !J··'.·,, . · .. / ' z_,,
Mayor Philip Levine , ~· v /'
'/ . J
·~ January 15, 2014 .· o~//
Resolution Accepting .· e Ji yor's Recommendation To Establish A
Not-For-Profit 501 (C)(3) Or anization To Be Known As "One Miami
Beach" To Provide Assistance To Worthy And Qualified Community
Needs And Projects
I have requested the City Attorney to prepare the attached Resolution for
placement on the Janu~ry 15, 2014 Con:imission Agenda for consideration by the City
Commission.
The Resolution authorizes the City Manager and City Attorney to take any and all
actions as may be required to create an independent not-for-profit 501 (c)(3) organization
to be known as "One Miami Beach." The purpose of the organization will be to provide
assistance to worthy and qualified community needs aricfprojects~-The-o-rganizatio-n will
be composed of the Mayor and two City Commissioners selected by the Mayor. As
necessary, the organization will be subject to the requirements of the Florida Sunshine
Law.
Agenda Item C 7 T
Date 1--l°'S'" /C/ 5
RESOLUTION NO. --------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE MAYOR'S
RECOMMENDATION TO AUTHORIZE THE CITY MANAGER AND THE
CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS AS MAY BE
REQUIRED TO CREATE AND ESTABLISH AN INDEPENDENT NOT-
FOR-PROFIT 501(C)(3) ORGANIZATION, TO BE KNOWN AS "ONE
MIAMI BEACH," FOR THE PURPOSE OF PROVIDING ASSISTANCE
TO WORTHY AND QUALIFIED COMMUNITY NEEDS AND PROJECTS
THAT BENEFIT THE HEALTH, WELFARE, OR SAFETY OF THE CITY
OF MIAMI BEACH AND WHOSE MEMBERSHIP WILL BE COMPOSED
OF THE MAYOR AND TWO CITY COMMISSIONERS SELECTED BY
THE MAYOR AND, AS NECESSARY, WILL BE SUBJECT TO THE
FLORIDA SUNSHINE LAW.
WHEREAS, pursuant to the recommendation of Mayor Philip Levine, the City
Commission deems it in the best interest of the City of Miami Beach to establish an independent
not-for-profit 501 (c)(3) organization which will provide assistance to worthy and qualified
community needs and projects; and
WHEREAS, the organization to be established shall be known as "One Miami Beach"
and will be composed of the Mayor and two City Commissioners selected by the Mayor and, as
necessary, will be subject to the Florida Sunshine Law; and
WHEREAS~ in order to create and-establish "One Miami-Beach,"-the-Gity-Manager-and--
City Attorney should be authorized to take any and all actions as may be required.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of Mayor Philip Levine to authorize the City
Manager and the City Attorney to take any and all actions as may be required to create and
establish an independent not-for-profit 501 (c)(3) organization, to be known as "One Miami
Beach," for the purpose of providing assistance to worthy and qualified community needs and
projects that benefit the health, welfare, or safety of the City of Miami Beach and whose
membership will be composed of the Mayor and two City Commissioners selected by the Mayor
and, as necessary, will be subject to the Florida Sunshine Law.
PASSED AND ADOPTED this 15th day of January, 2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
F:\ATTO\TURN\RESOS\One Miami Beach.doox
6
lrl MIAMIBEACH
JOSE SMITH, CITY ATIORNEY
OFFICE OF THE CITY ATIORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine
Members of the City Commission
/'"''
Jimmy Morales, City Manag,e{...,,.. /
1
_ ,
Ralph Granado, City Clerk( , .... -~
Jose Smith, City Attorney ( ~/ V
January 14, 2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT
LEGISLATION THAT WOULD EXPAND OPPORTUNITIES FOR
DIGITAL -DISPATCH PROVIDERS OF FOR-HIRE TRANSPORTATION
SERVICES IN MIAMI-DADE COUNTY.
Pursuant to the request of Mayor Philip Levine, the above referenced Resolution
. --is submitted for consideration by-the-Mayor anEl Gity Commission -at-the-Jamiary-15, .
2014 City Commission meeting.
F:\ATTO\TURN\MEMOS\Digital Dispatch.docx
Agenda Item C 7 l(
Date 1-IJ-ll[ 7
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT
LEGISLATION THAT WOULD EXPAND OPPORTUNITIES FOR
DIGITAL DISPATCH PROVIDERS OF FOR-HIRE TRANSPORTATION
SERVICES IN MIAMI-DADE COUNTY.
WHEREAS, in recent years, the for-hire transportation industry has been revolutionized
by companies, such as Uber, that provide digital on-demand taxi and luxury car service; and
WHEREAS, in over 50 other world-class tourist and business-based destinations such
as New York, Paris, London, and Rome, new technologies have been implemented to improve
taxi and corporate car services which have enhanced transportation options for residents and
visitors; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach believe that
enhanced technologies for on-demand car services should be adopted in our community
because such advances would not only elevate taxi and corporate car service in Miami-Dade
County to world-class standards, but would also result in the creation of significant job
opportunities for the residents of Miami-Dade County in the taxi and corporate car industry; and
WHEREAS, the Miami-Dade County Commissioners who have sponsored ordinances
designed to improve the local taxi industry with credit card and GPS requirements are to be
commended; however, County legislation is required that would not impose artificial vehicle
caps or minimum prices for the dispatch of car services because such measures merely protect
the status quo and effectively create a monopoly for a few companies; and
WHEREAS as a world renowned tourist destination and preeminent residential
community, the City of Miami Beach, as well as all of Miami-Dade County, would benefit
significantly from comprehensive and meaningful reforms to improve the local for-hire
transportation industry.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby urge the Miami-Dade County Board of County Commissioners to adopt
legislation that would expand opportunities for digital dispatch providers of for-hire transportation
services in Miami-Dade County.
PASSED AND ADOPTED this 15th day of January, 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
F:\ATTO\TURN\RESOS\Digital Dispatch Providers.docx
PHILIP LEVINE, MAYOR
APPROVED AS TO
FOHM & LANGUAGE
FOR EXECUTION
8
COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED MARINE STRUCTURES,
FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING
SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY AMENDING SUBSECTION C THEREOF REGARDING THE
SLOW SPEED, MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES THEREOF AND AMENDING AREA CON
THE APPENDIX THERETO; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Key Intended Outcome Supported:
Increase community satisfaction with City government
Enhance the environmental sustainability of the community.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
According to Section 327.46 of the Florida Statutes, any municipality may create restricted wake zone regulations for the
safe operation of motorboats and other vessels in or upon waters of that municipality. Further, Section 327.46, F.S.
encourages local governments to establish boating restricted areas where safety and need requires.
The Commission reviewed and approved Ordinance 2013-3796, establishing restricted wake zones, on April 17, 2013 (the
"Ordinance"). The Ordinance established a mix of zones: two "Idle Speed, No Wake" zones and one "Slow Speed
Minimum Wake" zone. The first Idle Speed, No Wake zone was created in the area surrounding the public access boat
ramp within the Maurice Gibb Memorial Park, and the second was created surrounding the blind corner presented by the
northwest corner of the Sunset Harbor Yacht Club marina. The single Slow Speed, Minimum Wake Zone was created in
the waters just west of Sunset Harbor which present a serious safety hazard.
The State application process commenced after the approval of the ordinance. As part of the state review process, the
Coast Guard (USCG) and the Florida Fish & Wildlife Conservation Commission (FFWCC) reviewed the Ordinance. The
comments provided by these governmental agencies necessitate minor changes to the approved ordinance. Accordingly,
the Ordinance must be revised in order to address the USCG and FWCC comments.
The changes are very minor:
_ _1}Ac!jl.l_~t the loca_tioo_of m_~rkers inclj_cajirrg the slow ~pe~c:t ~ne~._Ui:>on further consideration the USCG believes that the
original location of the markers presented a navigational concern. Specifically,-fhe USCG requested that Markers 3, 4, and
5 be moved farther out of the Miami Beach channel. Accordingly, Markers 3 and 4 were moved slightly west, and Marker 5
was moved slightly north so as to be removed from the channel.
2) Reduction of the scope of the slow speed zone. The Slow Speed Zone in the original ordinance encompassed the area
west of the Sunset Harbor neighborhood, from the north end of the Sunset Harbor Yacht Club extending south to the
Venetian Causeway. The USCG and FFWC requested that instead of extending all the way south to the Venetian
Causeway, the Slow Speed zone be reduced so that the Slow Speed zone's boundary is approximately level with the
northernmost point of Belle Isle. The two Idle Speed zones are not modified.
Financial Information:
Source of Funds: Amount Account Approved
1
I I 2
OBPI Total
Financial Impact Summary: The proposed Ordinance should not have a significant fiscal impact upon the City, as this
Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed)
sions. Considerino that the Marine Patrol station is adiacent to the area there is no increase in enforcement costs.
Ci Clerk's Office Le islative Trackin
Debbie Turner
Si n-Offs:
City Attorney
MIAMI BEACH AGENDA. ITEM f?S-lA
DAllm. I-fr-ll/ 9
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Mem
FROM:
DATE: January 15, 2014 FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 66, ENTITLED MARINE STRUCTURES, FACILITIES AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE
ZONES," BY AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY
AMENDING SUBSECTION C THEREOF REGARDING THE SLOW SPEED,
MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES THEREOF AND
AMENDING AREA C ON THE APPENDIX THERETO; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
KE¥ INTENDED OUTCOME-
Increase community satisfaction with City government
Enhance the environmental sustainability of the community.
BACKGROUND
According to Section 327.46 of the Florida Statutes, any municipality may create restricted
wake zone regulations for the safe operation of motorboats and other vessels in or upon waters of
that municipality. Further, Section 327.46, F.S. encourages local governments to establish boating
restricted areas where safety and need requires.
The Commission reviewed and approved Ordinance 2013-3796, establishing restricted
wake zones, on April 17, 2013 (the "Ordinance"). The Ordinance established a mix of zones: two
"Idle Speed, No Wake" zones and one "Slow Speed Minimum Wake" zone. The first Idle Speed,
No Wake zone was created in the area surrounding the public access boat ramp within the
Maurice Gibb Memorial Park, and the second was created surrounding the blind corner presented
by the northwest corner of the Sunset Harbor Yacht Club marina. The single Slow Speed,
Minimum Wake Zone was created in the waters just west of Sunset Harbor which present a serious
safety hazard.
The State application process commenced after the approval of the ordinance. As part of
the state review process, the Coast Guard (USCG) and the Florida Fish & Wildlife Conservation
Commission (FFWCC) reviewed the Ordinance. The comments provided by these governmental
agencies necessitate minor changes to the approved ordinance. Accordingly, the Ordinance must
be revised in order to address the USCG and FWCC comments.
10
No Wake Zone I Slow Speed Zone
Second Reading and Public Hearing
City Commission Meeting
April 17, 2013
Page 2 of 2
The changes are very minor:
1) Adjust the location of markers indicating the slow speed zones. Upon further
consideration the USCG believes that the original location of the markers presented a navigational
concern. Specifically, the USCG requested that Markers 3, 4, and 5 be moved farther out of the
Miami Beach channel. Accordingly, Markers 3 and 4 were moved slightly west, and Marker 5 was
moved slightly north so as to be removed from the channel.
2) Reduction of the scope of the slow speed zone. The Slow Speed Zone in the original
ordinance encompassed the area west of the Sunset Harbor neighborhood, from the north end of
the Sunset Harbor Yacht Club extending south to the Venetian Causeway. The USCG and FFWC
requested that instead of extending all the way south to the Venetian Causeway, the Slow Speed
zone be reduced so that the Slow Speed zone's boundary is approximately level with the
northernmost point of Belle Isle. The two Idle Speed zones are not modified.
CONCLUSION
The Administration recommends approval of the Ordinance on first reading.
JLM\JMJ
T:\AGENDA\2014\January\No Wake Zone Merno.docx
11
ORDINANCE NO. -------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED
"MARINE STRUCTURES, FACILITIES AND VEHICLES," BY
AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY
AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," BY
AMENDING SUBSECTION C THEREOF REGARDING THE SLOW
SPEED, MINIMUM WAKE ZONE BY AMENDING THE BOUNDARIES
THEREOF AND AMENDING AREA C ON THE APPENDIX THERETO;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations,
including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida
Statutes; and
WHEREAS, the City Commission has determined that the unregulated operation of
vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety
and welfare of the citizens of City of Miami Beach; and
WHEREAS, vessels used as a means of transportation on water have been declared to
be dangerous instrumentalities in the State of Florida pursuant to Section 327.32, Florida
Statutes; and
WHEREAS, boating restricted areas are necessary to avoid safety hazards to
persons, property, and marine life resulting from vessels traveling at excessive speeds; and
WHEREAS, on April 17, 2013, the City Commission passed and adopted Ordinance No.
2013-3796 that established Restricted Wake Zones in the areas of Biscayne Bay/Malloy Channel
to the west of the Maurice Gibb Memorial boat ramp and the Sunset Harbor Yacht Club; and
WHEREAS, the United States Coast Guard and the Florida Fish and Wildlife
Conservation Commission have subsequently requested changes to the adopted Restricted
Wake Zones Ordinance, currently codified in Section 66-43 of the Miami Beach City Code, to
further accomplish the objectives of the Restricted Wake Zones Ordinance by amending the
boundaries of the slow speed, minimum wake zone codified in subsection C thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code, and Area C on the
Appendix thereto, are hereby amended as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VEHICLES
* * *
12
Article II. Restricted Wake Zones.
Section 66-43. Restricted Areas.
A The areas of enforcement of the provisions of this Ordinance shall be all public navigable
waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade,
located within the boundaries described below for the purpose necessary to protect the safety
of the public as such restrictions are necessary based on boating accidents, visibility,
hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in
compliance with Section 327.46, Florida Statutes.
B. Idle Speed, No Wake Zones shall be established at the following locations:
1) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb
Memorial Park. See Area A on Appendix.
2) Within a 300 foot radius of the blind corner presented by the northwest corner of
the Sunset Harbor Yacht Club Marina which obstructs the view between the
Biscayne Bay and the channel between the Miami Beach Island and Sunset
Island IV, excluding however the area of the 300 foot radius circle which is greater
than 150 feet north of the northern bound of the Sunset Harbor Yacht Club
Marina. See Area B on Appendix.
C. A Slow Speed, Minimum Wake Zone shall be established:
Thatportion of Biscayne-Bay which lies_wesLofthe northern portion_oUhe Sunset _
Harbor area of Miami Beach, north of the eastern portion of the Venetian
Causeway and east of the northern mid-point of Belle Isle, and excluding the
shoal area ooftR in the vicinity east. north, and south of Marker 5, and bounded to
the north by the imaginary line which is a westward extension of the northern
boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas
otherwise designated herein as Idle Speed, No Wake Zones. See Area C on
Appendix.
SECTION 2. SEVERABILITY.
If any section, sentence, clause, or word of this section is for any reason declared to be
unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions
shall not be affected.
SECTION 3. REPEALER.
Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict
with this Ordinance, is hereby repealed to the extent of such conflict.
2
13
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 part of the Code of the City of
Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of , 2014, and upon
posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41,
Florida Statutes and the provisions in Chapter 680-23, Florida Administrative Code.
PASSED and ADOPTED this ___ day of _________ , 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Philip Levine)
Underline denotes additions
Strike through denotes deletions
PHILIP LEVINE, MAYOR
F:\ATTO\TURN\ORDINANC\Restricted Wake Zones January 2014 amendments.docx
3
14
, LEGE:-.;D f l t·\\\\1 IDLE SPEED, NOW AKE ZONE !~~ 1 • I ! ' I : I SLOW SPEED, MINIMUM WAKE ZONE COORDINATE TABLE STATE PL~'l:""E, NAD 83, FLORIDA EAST -0901 NAl"\IB DESCRIPTION NORTillNG EASTh"\lG L.4.TITUDE MARKER! IDLE SPEED 532505.40 93699299 N"25"47'46J)8" MARKER2 IDLE SPEED 532805.21 93698240 :N-:25°47'49.05" iltii\RKER3 SLOW SPEED AHEAD 532705.40 936123.01 N25"47'48.12" MARKERA SLOW SPEED 532503.03 936183.11 N25"47'46.1 I" wl.<\RKER5 SLOW SPEED 531830.80 93634().84 x-is=)47'39A4" M:.J\.RKER 6 SLOW SPEED 531397.53 936340.84 :N25"47'35J5" l\.1ARKER 7 IDLE SPEED 531705.53 937021.14 N25"47'38.16" ffi ~CHES: \._L/ l Ul!:lAl i\l.\(1f. SOt:Rl'E L'ill!~S 2'lf"' LONGITUDE W80"'(}8'47.34" W80°ll8'47.43" wso•os·5452" W80"V8'54.55" W80°1J8'47 .09" Append~x to Sec. 66-43 -40:, ! ::...::.."1 .. 4'E' 1'?r. --"-----~=:\} ------;:.w """ 15