R5H - Restrict Commercial Vessel Activity Hours
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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. R5 P
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Cached: 18 minutes agoOrdinances - R5 H
R5 H 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:
| DATE: | December 17, 2025 | 9:45 a.m. Second Reading Public Hearing |
|---|---|---|
| TITLE: | 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. |
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
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)
Commissioner David Suarez
Condensed Title
9:45 a.m. 2nd Rdg, Commercial Vessel Activity Hours at Public Marinas/Penalties. (SM/DS) CA