LTC 090-2008 Enforcement Activity Re: Anchorage Mooring Ord 2005-3484
OFFICE OF THE CITY MANAGER
NO. LTC # 090-2008 LETTER TO COMMISSION,,,
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TO: Mayor Matti Herrera Bower and Members of the City Commission y;.
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FROM: Jorge M. Gonzalez, City Manager ~ ~'
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DATE: March 28, 2008 f j °
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SUBJECT: ENFORCEMENT ACTIVITY REGARDING ANCHORAGE/
MOORING ORDINANCE 2005-3484
This Letter to the Commission is to inform the Mayor and City Commission of the
enforcement of the City's Anchorage/Mooring Ordinance 2005-3483 by the Miami Beach
Police Department's Marine Patrol Unit (MPU). This Ordinance enacted in 2005 is intended
to discourage operators of vessels from anchoring for non-navigational purposes in the City
of Miami Beach waterways beyond seven days. Due to the complexity and exemptions in
the Ordinance, there are three procedural enforcement phases to gain compliance. It is
important to note and explain these phases to accurately depict the enforcement efforts.
The enforcement of the Ordinance begins when a vessel is observed by MPU personnel
anchored and the operator is given a NOTICE which advises the vessel is in City of Miami
Beach waterway and restricted to seven (7) consecutive days within a thirty (30) day period.
This initial NOTICE outlines that at the end of the seven days, the vessel must be removed
within 48 hours or the operator will be subject to fines, civil penalties, removal and
impoundment or other penalties as provided bylaw. If the vessel has not been removed, a
NOTICE OF VIOLATION is then issued to the operator which serves as a second warning
and reiterates the sanctions that can be imposed by the NOTICE. On the tenth consecutive
day, the MPU Officer can issue a CITATION, if the vessel has not been removed which
documents the violation and the full force of the Ordinance. The CITATION also outlines the
appeal process within 20 days before the City's Special Master.
In addition to these progressive procedural steps to enforcement, there are several
exemptions to the Ordinance which the MPU Officers often encounter. These exemptions
are the vessel operator's inability to move the vessel due to dangerous weather conditions,
illness, or mechanical failure. The exemptions continue to include vessels that are moored
or docked at private property with the consent of the property owner, and vessels located
within designated anchoring and mooring areas.
Despite these challenges however, the MPU has managed to produce the following
enforcement statistics:
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Continued.../page2
LETTER TO COMMISSION
ENFORCEMENT ACTIVITY REGARDING ANCHORAGE/
MOORING ORDINANCE 2005-3484
PAGE 2
Marine Patrol Unit
Anchorage/Mooring Ordinance Enforcement Activity
Month and Year NOTICES NOTICE OF
VIOLATIONS CITATIONS
Janua 2007 70 3 0
Februa 2007 47 2 0
March 2007 51 1 1
A ri12007 27 4 7
Ma 2007 13 0 0
June 2007 11 0 0
Jul 2007 3 0 0
Au ust 2007 2 0 0
Se tember 2007 6 0 0
October 2007 5 1 1
November 2007 37 1 0
December 2007 90 0 0
Totals for 2007 362 12 9
Janua 2008 45 0 0
Februa 2008 67 2 1
March 2008 to date 14 0 0
In sum, the enforcement of the Ordinance by MPU personnel has been an effective tool in
maintaining the City's waterways from the negative effects of live aboard watercraft mooring
for excessive periods. The effectiveness of these enforcement efforts are evidenced by the
lack of vessels moored in the City of Miami Beach waterways, in comparison to City of Miami
waterways. As a result, the MPU has and will continue to be vigilant in their efforts to
enforce the Ordinance.
If you have any questions or need additional information, please feel free to contact me.
JMG/CN/MG
F:lpolilADMl1$OPR1Gruen 20081MooringOrdinanceEnforcementMemo.doc