R5G - Restrict Commercial Vessel Hours at Public Marinas

Ordinances - R5 G

R5 G 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. Applicable Area:

COMMISSION MEMORANDUM

DATE:

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 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.

Pursuant to meetings and communications with various stakeholders, the proposed Ordinance has been amended after First Reading to establish an exemption (and application process/procedure) for commercial vessels operators, without any violations of the City Code, County Code, State law, or any other applicable law, rule, or regulation within the prior two (2) years, to request that the City grant an exemption allowing the operator to continue commercial vessel operations until 9:00 p.m. each evening. The proposed Ordinance was also amended to provide an effective date of December 1, 2025, in order to allow qualifying commercial vessel operators to apply for the exemption to the 7:00 p.m. cessation time for commercial vessel activity established by the Ordinance.

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: 10/9/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

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)

Commissioner David Suarez

Condensed Title

9:45 a.m. 2nd Rdg, Commercial Vessel Activity Hours at Public Marinas/Penalties. (SM/DS) CA

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/3/2025 – R5 P

ORDINANCE NO.

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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 Ill, 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.

WHEREAS, the City has seen a significant increase in commercial vessel activity in the last several years, particularly since the COVID-19 pandemic; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, on or about February 21, 2024, the City Commission adopted Ordinance No. 2024-4596, that is codified in Section 66-116 of the City Code, which limited commercial vessel activity at private marinas and private marine facilities each day from 9 p.m. until 7 a.m. the following day; and

WHEREAS, on or about November 20, 2024, the City Commission adopted Ordinance No. 2024-4669, that is codified in Section 82-72 of the City Code, 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; and

WHEREAS, 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; and

WHEREAS, in order to address ongoing resident concerns surrounding nighttime charter operations and activities that create noise, disturbances, fights and other issues and/or illegal conduct, the Mayor and City Commission wish to limit commercial vessel activity at public marinas each day from 7 p.m. until 7 a.m. the following day; and

WHEREAS, the Mayor and City Commission recognize that certain commercial vessel operators have consistently complied with applicable laws, including the City Code, the Miami- Dade County Code, and State law, and providing a limited exemption to the commercial vessel

hours of activity for such compliant operators would appropriately balance the interests of responsible business operations and residents' quality of life concerns; and

WHEREAS, the Mayor and City Commission further recognize that Code violations issued based upon the inability of a commercial vessel operator to acquire a business tax receipt due solely to the Miami Beach Marina's failure to obtain a master business tax receipt should not be counted as an applicable violation for purposes of the exemption being created for responsible operators.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:

SECTION 1. That Section 82-72 of the City Code shall be amended as follows:

CHAPTER 82

PUBLIC PROPERTY

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ARTICLE Ill. USE OF PUBLIC PROPERTY

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DIVISION 1. GENERALLY

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Sec. 82-72. Commercial vessel activity hours of operation at public marinas.

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Marina means any installation operated for profit which exclusively provides any accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing of watercraft, located in the waters of the city.

Marine facility means any device, dock, structure, building or component of a marina. Operate means to navigate or otherwise use a vessel on or in the waters of the city.

Premises means any occupied or unoccupied vessel, marina, marine facility, accessory structure, dock or pier, lot or parcel of land or any part thereof, used or intended to be used on or in conjunction with the waterways of the city.

Vessel means and includes every description of watercraft used or capable of being used as a means of transportation on water. The term shall mean any watercraft, and all vessels shall belong to one of the following classes:

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(1)

(2)

(b)

Commercial vessel means and includes every vessel used or operated for commercial purposes on the navigable waters of the city that is either carrying passengers (including, but not limited to, charters and rentals), carrying freight, towing, or for any other use, for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place or public accommodation, resort or amusement. Pleasure vessel means and includes every vessel not within the classification of commercial vessel. The term shall include a crew racing shell, which means any shell, gig, barge or other boat designed primarily for the practice of racing conducted by a private or public educational institution, school, academy, college, university or association of any of the preceding, or by an amateur sports club or association or by the United States or International Olympics Committee, and shall include canoes, rowboats or lifeboats.

Prohibitions. Commercial vessels shall be prohibited from departing each day from 7:00 p.m. until 7:00 a.m. the following day. All et-Ref commercial vessel activity shall be prohibited at public marinas and public marine facilities each day from 900 p.m. 7:00 p.m. until 7:00 a.m., the following day. Such prohibition shall include, but not be limited to, the departure, arrival. or other operation of a operating a commercial vessel, the queueing, embarkation or disembarkation of passengers, and the loading or unloading of any food, goods, equipment, fuel or supplies.

It shall be an affirmative defense pursuant to this section if the owner of a commercial vessel proves by clear and convincing evidence that he or she is operating the vessel during prohibited hours without compensation of any kind, for his or her own pleasure, and the pleasure of his or her personal friends and/or relatives.

Any person who knowingly makes any false statement to support this affirmative defense shall be punished pursuant to Sec. 1-14 of the city code.

Notwithstanding the foregoing, all pleasure vessels, along with commercial fishing vessels, commercial diving vessels, and licensed towing vessels, that are properly registered with the marina operator as such, shall be exempt from the requirements of this section. It shall be the sole responsibility of any person owning, operating or utilizing a vessel for commercial activity to ensure that such vessel is properly and accurately registered with the marina operator for the purpose of claiming an exemption to the requirements of this section.

This section shall not be construed as to prohibit public marinas and public marine facilities from providing core marina functions including, but not limited to, utilities, dockage, storage, and other services typically provided by a marina.

(c)

Commercial vessel activity hours exemption; associated procedures.

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Commercial vessel operators who have conducted operations within the City for a minimum of two (2) consecutive years without any pending or adjudicated violations of the City Code, the Miami-Dade County Code, State law, or any other applicable laws, rules, or regulations shall be eligible to apply for an exemption from the 7:00 p.m. cessation of commercial vessel activity as established in this section.

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2)

For purposes of determining eligibility for the exemption created by subsection (c)1) directly above, a City Code violation issued to a commercial vessel operator who received a notice of violation in the applicable period due to its inability to obtain a business tax receipt due solely to the Miami Beach Marina Operator's failure to obtain a master business tax receipt shall remain eligible to be considered for an exemption under subsection (c)1) provided that such commercial vessel operator obtains its business tax receipt promptly after the Miami Beach Marina Operator obtains its master business tax receipt.

3)

Applications for an exemption pursuant to subsection (c)(1) shall be submitted in writing on a form and in a manner to be prescribed by the City.

(4)

The City Manager, or the City Manager's designee, shall review each application and determine, in the City's sole and absolute discretion, whether to grant or deny the exemption. Applicants shall be notified in writing of the City's determination.

(5)

If approved, the exemption shall permit the applicant to conduct commercial vessel activity until no later than 9:00 p.m. each evening. However, the approval of an exemption shall not relieve the applicant of the obligation to fully comply with all other provisions of the City Code, the Miami-Dade County Code. State law, and any other applicable laws, rules or regulations.

6)

Approval of an exemption under this subsection shall not be deemed to create any vested right, property interest, or other entitlement in the applicant. The City may revoke any exemption at any time, with or without cause, and in the City's sole discretion.

0)

If an applicant that has been granted an exemption under this subsection is issued a notice of violation of the City Code, the Miami-Dade County Code, State law, or any other applicable law, rule, or regulation, the exemption shall be immediately and automatically revoked upon the issuance of that notice of violation. The exemption may only be reinstated if the notice of violation is dismissed by the issuing authority, or if the applicant ultimately prevails upon the conclusion of all litigation related to that notice of violation.

(8)

Upon revocation of the exemption, an applicant shall immediately comply with the 7:00 p.m. cessation of commercial vessel activity as established in this section.

9)

Commercial vessel operators who have been in operation within the City for less than two (2) consecutive years shall not be eligible to apply for an exemption under this subsection.

Civil penalties. The code compliance department shall enforce this section. This shall not preclude other law enforcement agencies from taking any action to assure compliance with this division and all applicable laws.

(1)

If a violation is observed, the enforcement officer shall be authorized to issue a notice of violation to the commercial vessel. The notice will inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paving the fine, that the violation may be appealed by requesting an administrative hearing before a special magistrate within ten days after service

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of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing. A violation of this section shall be subject to the following fines and penalties:

(2)

a.

If the violation is the first offense, a person or business shall receive a civil fine of $500,00 $1,000.00;

b.

If the violation is the second violation within the preceding six twelye months,

a person or business shall receive a civil fine of $1,000.00 $5,000.00 and the

city manager may temporarily suspend the business tax receipt of the violator for a period not to exceed 30 days;

(3)

c.

If the violation is the third violation within the preceding ~ twelve months, a person or business shall receive a civil fine of $2,000.00 $5,000.00, however, if the special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed $ 15,000.00 per violation and, in addition to any fine imposed, the business tax receipt of the violator shall be revoked; .and

d.

If the violation is the fourth or subsequent violation within the preceding six months, a person or business shall receive a civil fine of $5,000.00, and any city issued business tax receipt shall be revoked.

A violator who has been served with a notice of violation must elect to either:

a. Pay the civil fine in the manner indicated on the notice of violation: or

b. Request an administrative hearing before a special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation.

(4)

The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. A request for the administrative hearing must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal.

(5)

If 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 magistrate, the special magistrate may be informed of such failure by the code enforcement officer. The failure of the named violator to appeal the decision of the code enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.

(6)

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, which 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

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property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61 st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien.

(7)

Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction.

(8)

The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation.

(9)

The special magistrate shall not have discretion to alter the penalties prescribed in this subsection.

SECTION 2. REPEALER.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 3.

SEVERABILITY.

If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.

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 a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect on the 1" day of December, 2025.

ATTEST:

Rafael E. Granado, City Clerk

Underline denotes additions. Strikethrough denotes deletions. Double underline denotes additions after first reading. Double strikethrough denotes deletions after first reading.

(Sponsored by Mayor Steven Meiner)

Steven Meiner, Mayor

APPROVED AS TO FORM & LANGUAGE EXECUTION F & OR

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