R5P - Restrict Commercial Vessel Hours at Marinas
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING SECTION 82-72 THEREOF, ENTITLED “COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT PUBLICLY-OWNED MARINAS,” BY FURTHER RESTRICTING THE PERMISSIBLE HOURS FOR COMMERCIAL VESSEL ACTIVITY AT PUBLIC MARINAS AND PUBLIC MARINE FACILITIES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 R5P
COMMISSION MEMORANDUM
10:45 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for consideration by the Mayor and City Commission.
The City has seen a significant increase in commercial vessel activity in the last several years, particularly since the COVID-19 pandemic. Unfortunately, the City has also experienced many quality-of-life complaints related to commercial charter vessel activity including unruly commercial charter and boat rental patrons, disturbances caused by public intoxication, people engaging in excessively loud arguments and playing excessively loud music, and public urination.
On or about April 28, 2023, the City Commission adopted Ordinance No. 2023-4550, that is codified in Section 82-72 of the City Code, which limited commercial vessel activity at public marinas and public marine facilities each day from 9 p.m. until 7 a.m. the following day. Then, on or about November 20, 2024, the City Commission adopted Ordinance No. 2024-4669, which prohibits commercial vessels from departing public or private marinas and public or private marine facilities each day from 7:00 p.m. until 7:00 a.m. the following day.
Nonetheless, the City nonetheless continues to experience issues and field numerous resident complaints concerning various disturbances, noise, fights, and arrests for illegal conduct, due to commercial vessel nighttime activity at public marinas.
Accordingly, the proposed Ordinance would prohibit all commercial vessel activity at public marinas (with specified exceptions) from 7:00 p.m. each evening until 7:00 a.m. the following day. The proposed Ordinance also increases the fines for violation from $500 for a 1 st violation, $1,000 for a 2 nd violation within the preceding 6 months; $2,000 for a 3 rd violation within the preceding 6 months; and $5,000 for a 4 th or subsequent violation within the preceding 6 months to a structure in which the fine for a 1 st violation is $1,000 and the 2 nd or subsequent violation within 12 months is $5,000.
Moreover, the proposed Ordinance authorizes the City Manager to suspend the business tax receipt of the violator for a period not to exceed 30 days for a 2 nd violation within the preceding 12 months and requires the City Manager to revoke the business tax receipt for a 3 rd violation within the preceding 12 months.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes (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)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
10:45 a.m. 1st Rdg PH, Commercial Vessel Activity Hours at Public Marinas/Penalties. (SM) CA
Previous Action (For City Clerk Use Only)