R5Z - Prohibit Anchoring of Commercial Vessels

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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.  

April 23, 2025
Sponsors
City Attorney
Commissioner David Suarez
Commissioner David Suarez

Detailed Information

Cached: 3 weeks ago

Ordinances - R5 Z

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico
DATE:
April 23, 2025

1:35 p.m. First Reading Public Hearing

TITLE:
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.

RECOMMENDATION

BACKGROUND/HISTORY

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 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.

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, punishable by maximum sixty (60) days in jail and/or a maximum $500 fine. Any commercial vessel 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 operators of regulated vessels or floating structures, a copy of the ordinance and a nautical map depicting the territorial waters of the city shall 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

allowing the business to rent vessels.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner David Suarez

Co-sponsor(s)

Condensed Title

1:35 p.m. 1st Rdg PH, Prohibit Anchoring of Vessels to Store Rental Vessels. (Suarez) CA

Previous Action (For City Clerk Use Only)

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