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Home My WebLink AboutO-13982City of Miami l i , J'f Legislation Ordinance: 13982 File Number: 8073 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS/GENERALLY", BY ADDING A NEW SECTION 50-43, TITLED "OPERATION OF VESSELS, BOATS, AND OTHER WATERCRAFT IN MARKED MOTORIZED VESSEL EXCLUSION ZONES IN THE DINNER KEY NORTH MOORING FIELD AREA", TO ESTABLISH A VESSEL EXCLUSION ZONE IN THE WATERS OF THE DINNER KEY NORTH MOORING FIELD TO PROVIDE SAFE AREAS FOR USE BY VESSELS UNDER SAIL OR OAR OR SHALLOW DRAFT VESSELS OPERATING ELECTRIC ENGINES ONLY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH THE VARIOUS AGENCIES OF THE UNITED STATES OF AMERICA, THE STATE OF FLORIDA, AND MIAMI-DADE COUNTY TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami City Commission desires to establish a vessel exclusion zone for parts of the waters near the Dinner Key North Mooring Field ("Dinner Key") to allow operators of vessels under sail or oar to operate safely; and WHEREAS, it is found that the waters of Dinner Key are frequently used by sailing clubs and others who use vessels under sail, oars, or shallow draft vessels operating electric engines only (collectively, "Vessels"); and WHEREAS, it is found that the waters of Dinner Key are also used by recreational boaters in motorboats and personal watercraft who have, from time to time, collided or nearly collided with Vessels causing the sinking, swamping, or damage to the Vessels due to the wake of the motorboat or personal watercraft; and WHEREAS, the vessel exclusion zone is necessary to ensure the safety of the public, to protect the safety of the Vessels, and to provide a safe boating environment for all users of the waters of Dinner Key; and WHEREAS, upon the adoption of this Ordinance, the City of Miami ("City"), through its Department of Real Estate and Asset Management, will initiate and complete the necessary undertakings, studies, and permitting requirements to establish such a vessel exclusion zone restricted area in the waters of Dinner Key; and WHEREAS, the necessary legal description and the attendant sketch of the legal description to establish the buoy line for the exclusion/safety zone are attached and incorporated as Composite Exhibit "A"; City of Miami Page 1 of 4 File ID: 8073 (Revision:) Printed On: 41612021 File ID: 8073 Enactment Number: 13982 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 50 of the Code of the City of Miami, Florida, as amended, titled "Ships, Vessels and Waterways," is further amended in the following particulars: "CHAPTER 50 SHIPS, VESSELS, AND WATERWAYS ARTICLE 11. OPERATION OF VESSELS DIVISION 1. GENERALLY Sec. 50-43. - Operation of Vessels, Boats, and Other Watercraft in Marked Motorized Vessel Exclusion Zones in the Dinner Key North Mooring Field Area. (a) The following Motorized Vessel Exclusion Zones have been established in the vicinity of the Dinner Key North Mooring Field to provide safe areas for use by vessels under sail or oar or shallow draft vessels operating electric engines only: 1. The area between the southwest shoreline of Spoil Island "A" and the northern Area "A" section of the Dinner Key North Mooring Field with the zone boundaries defined by buoys A through H, anchored at the following coordinates: A 507868.63 910510.17 B 507975.07 910568.90 C 508260.17 910440.52 D 508565.05 910419.79 E 508803.59 910212.24 F 508672.61 910047.00 G 508372.72 909877.27 H 508061.65 910059.05; and 2. The area between the northeast shoreline of Spoil Island "B" and the southern Area "B" section of the Dinner Key North Mooring Field with the zone boundaries defined by buoys I through O, anchored at the following coordinates: 1 507906.47 910262.39 J 507523.12 910028.12 K 507644.84 909413.26 L 507201.00 909460.03 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 8073 (Revision:) Printed on: 41612021 File ID: 8073 Enactment Number: 13982 M 507072.28 909801.74 N 507107.84 910090.36 O 507243.14 910165.02 (b) Prohibited activities. 1. It shall be unlawful for any person to operate any motorized vessel, motorized boat, or other motorized watercraft within the Dinner Key North Mooring Field Motorized Vessel Exclusion Zones, which have been clearly marked by duly authorized buoys or other alternative permitted regulatory markers. 2. It shall be unlawful for any person to tie-up to any regulatory marker that defines the boundary of, or is within, the Dinner Key North Mooring Field Motorized Vessel Exclusion Zones. (c) Exemptions. The following shall be exempt from the regulations of this Section 1. Hand -propelled or foot -propelled vessels without motors and other hand - propelled or foot -propelled watercraft without motors, such as canoes, kayaks, surf boards, sail boards, kite boards, and wind -surfing boards may operate in a safe manner within such designated Motorized Vessel Exclusion Zones north and south of the Dinner Key North Mooring Field. 2. Emergency vessels, law enforcement vessels, motorized vessels, motorized boats, or other motorized watercraft used solely for the purpose of affecting an emergency response or rescue or for the purpose of ensuring compliance with federal, state, or local laws are excluded from the applicability of this Section. Nothing in this Section should be construed to have the intent of obstructing access through the marked Dinner Key Seaplane Channel or through the main fairway between the west shoreline of Biscayne Bay and Spoil Islands "A" and "B„ 3. Motorized vessels that are used by sailing coaches while they are accompanying or coaching sailors through the Motorized Vessel Exclusion Zone or while the sailors are sailina in the Motorized Vessel Exclusion Zone and motorized vessels that are used to tow sailboats through the Motorized Vessel Exclusion Zone and motorized vessels that are accessing the nearby Spoil Islands for City -sanctioned clean-up events are excluded from the applicability of this Section. 4. Film productions that specifically request a waiver from the City Manager on their film permit applications provided that such film productions: i. Take adequate safety precautions: ii. Specify in their waiver requests such precautions to be taken; and iii. Indemnify the City and its officers, directors, and employees for such waiver. 5. During approved "Special events" as defined in Section 38-74 and Section 54-1 of the Citv Code for which a Special Events Permit is obtained from the Director of the Parks and Recreation Department. *1, Section 3. The provisions of this Ordinance will not be enforced until such time as all City, Miami -Dade County, State of Florida, and United States agency approvals have been received and the appropriate regulatory markers have been emplaced. City of Miami Page 3 of 4 File ID: 8073 (Revision:) Printed on: 41612021 File ID: 8073 Enactment Number: 13982 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, it' y Attor ey 2/9/2021 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 8073 (Revision:) Printed on: 41612021