R5O-Amend Ch 66 Instal Tow-Away Zone Signs Along Public Seawalls -Levine-'D-
MIAMIBEACH
To:
Date:
From:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
June 10, 2015
COMMISSION MEMORANDUM
Raut Aguita, City Attor ^&J*}o; \ --
subject: AN ORDINANCE oF THE MAYOR AND clrY coMMlsstoN oF THE
CIry OF MIAM! BEAGH, FLORIDA, AMENDING CHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES," ARTICLE lV, ,,VESSELS,"
SEGTION 66.151, "LAUNCHING AND HAULING," TO AUTHORIZE THE
INSTALLATION OF "TOW.AWAY ZONE" SIGNS ALONG PUBLIC
SEAWALLS AND TO AUTHORIZE TOWING; PROVIDTNG FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTTVE
DATE.
lntroduction
The City Commission has received complaints about persons docking at public seawalls
in both single-family and multi-family zoning districts, causing problems and concerns in such
districts. The seawalls serve a purpose of protecting the island and any public improvements
from seawater encroachment. The seawalls are not designed to act as a dock for the
launching, docking or hauling of vessels. Moreover, individuals may be injured due to attempts
to improperly tie to or dock at seawalls, as the bayfront may be covered in coral, rocks, oysters
beds, or various seaweeds that can cause slipping hazards. lmproper docking is a liability risk
to the City, and the seawalls are not routinely monitored and improper use of the seawalls as a
dock, launching or hauling location would not be protective of the health, safety and welfare of
the citizens and visitors of Miami Beach. lmproper and unauthorized docking may result in
damage to the seawall.
On April 15, 2015, the City Commission approved, at second reading, modifications to
Chapter 66, to provide enforcement against improper docking, launching and hauling along all
City seawalls, regardless of whether the seawall is in a single-family or multi-family zoning
district. Subsequently, the City Marine Patrol and Code Compliance divisions determined that
they were not authorized to tow vessels from the City's seawalls, despite the fact that the City's
ordinances now preclude the launching, docking or hauling of vessels from the City's public
seawalls.
ln order to allow the Marine Patrol and Code Compliance to enforce the City's Code, and
to be able to tow violating vessels, Chapter 66 is proposed to be amended to specifically
authorize the City to tow.
Agenda ltem RSO
Date 6-10'15495
Seawall Towing Ordinance
Memorandum
June 10,2015
Page 2 of3
The amendments set forth below are necessary to place the community on notice that
improper unauthorized use or access to the seawalls shall result in towing of vessels.
Proposed Language:
Sec. 66-151. - Launching, hauling and docking at public seawall, etc., prohibited -unzulhorizec!
vessels.
(a) No person shall launch, dock, 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, docking 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.
Anv vessel that is docked alono a citv seawall shall be considered an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential neighborhoods prohibited.
An additional enforcement mechanism has been added to (bX2)a.6. to provide "The City mav
alternatelv elect to have the unauthorized vessel towed pursuant to subsection b.2. below."
Pursuant to that subsection the City shall post on all public seawalls the following notice, and
comply with the following requirements:
"TOW-AWAY ZONE. 24 HOURS: 7 DAYS. UNAUTHORIZED VESSELS WILL BE
TOWED AWAY AT OWNERS' RISK AND EXPENSE. TTELEPHONE NUMBER
AND NAME OF TOWING COMPANY TO BE INSERTEDI'
ln order to establish a tow-awav zone to remove unauthorized vessels from beino
docked at or alonq the citv's seawall, the citv, must provide the above notice. The
notice must be prominentlv placed alonq the seawall. with not less than one sion for
each 25 feet of frontase. The notice must clearlv indicate. in not less than two (2)
inch hiqh, lioht-reflective letters on a contrastinq backqround that unauthorized
vessels will be towed awav at the owner's expense. The words "tow-awav zone"
must be included on the sion in not less than four (4) inch hiqh letters. The notice
must also provide the name and current telephone number of the person or firm
towinq or removinq the vessels. The siqn structure containinq the required notice
musts must be permanentlv installed with the words "tow-awav zone" not less than
three (3) feet and not more than six (6) feet above qround level and must be
continuouslv maintained on the seawall for not less than 24 hours prior to the towinq
or removal of anv unauthorized vessels.
Fiscal lmpact:
The City does not currently have a towing contract in place, for either derelict vessels or towing
for a violation of Chapter 66. Marine Patrol vessels are not properly equipped to tow vessels.
496
Seawall Towing Ordinance
Memorandum
June 10,2015
Page 3 of3
The City will need to issue a bid for towing services and as part of that bid the City will require
the towing company to install the above referenced towing signs along the City's seawalls. The
preparation and installation of the signs shall be required under the bid. The City is currently
unaware of the cost associated with towing the vessels. There are three vessel related towing
companies in Miami-Dade County. lf the owner of the vessel claims the vessel from the towing
company, the cost associated with the tow would pass to the vessel owner. Othenuise, the City
will be responsible for the towing and any disposal costs.
Recommendation:
Approval.
497
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CIry 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
AUTHORIZE THE INSTALLATION OF "TOW-AWAY ZONE" SIGNS
ALONG PUBLIC SEAWALLS AND TO AUTHORIZE TOWING;
PROVIDING FOR REPEALER; GODIFICATION; 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;
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 code currently provides that the launching, docking or hauling of
boats from the City's public seawalls within its residentialzoning districts is a violation of
the City's Code; and
WHEREAS, the City in its proprietary authority, as the owner of many public
seawalls within the various residential zoning districts desires to regulate the access to
and use of the City's seawalls; and
WHEREAS, the seawalls serve a purpose of protecting the island and any public
improvements from seawater encroachment; and
WHEREAS, the seawalls are not designed to act as a dock for the launching,
docking or hauling of boats; and
WHEREAS, individuals may be injured due to attempts to improperly tie to or
dock at seawalls, as the bayfront may be covered in coral, rocks, oyster beds, or various
seaweeds that can cause slipping hazards; and
WHEREAS, improper docking is a liability risk to the City, and the seawalls are
not routinely monitored and improper use of the seawalls as a dock, launching or hauling
location would not be protective of the health, safety and welfare of the citizens and
visitors of Miami Beach; and
WHEREAS, improper and unauthorized docking may result in damage to the
seawall; and
WHEREAS, the amendments set forth below are necessary to put the
community on notice that such improper unauthorized use or access to the seawalls
shall result in towing of the vessel.
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NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry OF MIAM! BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article lV, "Vessels,"
Section 66-151, "Launching, hauling and docking at public seawall, etc., prohibited," is
hereby amended as follows:
Sec.66-151. - Launching, hauling and docking at public seawall, etc., prohibited -
unauthorized vessels.
(a) No person shall launch, dock, 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, docking 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. Anv vessel that is docked alonq a citv seawall shall be considered
an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential neighborhoods
prohibited.
(1) 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 residential neighborhood, except in case of emergency
involving safety to life or property.
(2) Enforcement and penalties.
Civil fine for violators. The following civil fines shall be imposed for a violation of
this section:
1. First offense within a 12-month period a fine of $100.00;
2. Second offense within a 12-month period a fine of $250.00;
3. Third or fourth offenses within a 12-month period a fine of $500.00;
4. Fifth offense within a 12-month period a fine of $1,000.00; and
5. Sixth offense and subsequent offenses within a 12-month period a fine of
$2,500.00.
The Citv mav also elect to have the unauthorized vesseltowed pursuant to sub-
section b.2.. below.
Enforcement.
1. The Code Compliance Department or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
a.
b
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enforcement agencies or regulatory bodies from any action to assure
compliance with this section and all applicable laws. lf an enforcing officer
finds a violation of this section, the officer shall issue a notice of violation to
the violator. The notice of violation shall inform the violator of the nature of
the violation, amount of fine for which the violator is liable, instructions and
due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within ten days after service of the
notice of violation, and that failure to appeal the violation with the ten days
shall constitute an admission of the violation and a waiver of the right to a
hearing.
2. The Citv shall post on all public seawalls the followins notice:
"TOW-AWAY ZONE. 24 HOURS: 7 DAYS. UNAUTHORIZED VESSELS
WILL BE TOWED AWAY AT OWNERS' RISK AND EXPENSE.
ITELEPHONE NUMBER AND NAME OF TOWING COMPANY TO BE
INSERTED]'
ln order to establish a tow-awav zone to remove unauthorized vessels from
beinq docked at or alonq the citv's seawall, the citv must provide the above
notice. The notice must be prominentlv placed alonq the seawall, with not
less than one siqn for each 25 feet of frontaqe. The notice must clearlv
indicate, in not less than two (2) inch hiqh, liqht-reflective letters on a
contrastinq backoround that unauthorized vessels will be towed awav at the
owner's expense. The words "tow-awav zone" must be included on the sion
in not less than four (4) inch hioh letters. The notice must also provide the
name and current telephone number of the person or firm towinq or removinq
the vessels. The siqn structure containino the required notice must be
permanentlv installed with the words "tow-awav zone" not less than three (3)
feet and not more than six (6) feet above qround level and must be
continuouslv maintained for not less than 24 hours prior to the towino or
removal of anv unauthorized vessels.
d. Rights of violators as to fines; payment of fine; right to appear; failure to pay civil
fine or to appeal.
1. A violator who has been served with a notice of violation as identified in
subsection (a) shall elect either to:
A. Pay the civil fine in the manner indicated on the notice of violation;
or
B. Request an administrative hearing before a special master to
appeal the notice of violation within ten days of the issuance of the
notice of violation.
2. The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73.
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lf the named violator, after issuance of the notice of violation, fails to pay
the civil fine, or fails to timely request an administrative hearing before a
special master, the special master shall be informed of such failure by
report from the officer. Failure of the named violator to appeal the
decision of the officer within the prescribed time period shall constitute a
waiver of the violator's right to administrative hearing before the special
master, and be treated as an admission of the violation, and fines and
penalties may be assessed accordingly.
A certified 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 and it 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. After two months
from the recording of any such lien which remains unpaid, the city may
foreclose or otherwise execute upon the lien.
Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
The special master shall be prohibited from hearing the merits of the
notice of violation or consideration of the timeliness of the request for an
administrative hearing if the violator has failed to request an
administrative hearing within ten days of the issuance of the notice of
violation.
**
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Godification.
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 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
4.
5.
6.
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SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of June, 2015.
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underscore denotes new language.
.
[Sponsored by Mayor Philip Levine].
F:\ATTO\BOUE\Ordinances\TOWING Docking Ordinance All Residential.doc
Philip Levine, Mayor
City Attorney
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
l"- r'15
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