HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
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Date: 10/29/2020 Requesting Department: Department of
Real Estate and Asset Management
Commission Meeting Date: 03/25/2021 Sponsored By:
Type: Ordinance District Impacted: District 2
Subject: Amend Code - Chapter 50 -
Dinner Key North Mooring Field Area
PURPOSE OF ITEM:
An ordinance of the Miami City Commission, with attachment(s), amending Article
II/Division I, entitled "Operation of Vessels/Generally," by adding new section 50-43,
entitled "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 Miami -Dade county, the state of Florida, and the United States
agencies to establish the proposed restricted area; containing a severability clause and
providing an effective date.
BACKGROUND INFORMATION:
The waters of the Dinner Key North Mooring Field are frequently used by sailing clubs
and others who use vessels under sail, oars, or shallow draft vessels operating electric
engines. The waters of the Dinner Key North Mooring Field are also used by
recreational boaters in motorboats and personal watercraft who have from time to time
collided or nearly collided with vessels under sail or oar causing the sinking, swamping
or damage to vessels under sail or oars due to the wake of the motorboat or personal
watercraft. The Miami City Commission desires to establish a vessel exclusion zone for
parts of the waters near the Dinner Key North Mooring Field so as to allow operators of
vessels under sail or oar to operate safely. The vessel exclusion zone is necessary for
the safety of the public, necessary to protect the safety of the vessels under sail, oars or
shallow draft vessels operating electric engines only, and necessary to provide a safe
boating environment for all users of the waters of the Dinner Key North Mooring Field.
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 the Dinner Key North Mooring Field. The
necessary legal description and the attendant sketch of the legal description to establish
the buoy line for the exclusion/safety zone are attached hereto as "Composite Exhibit
A," incorporated hereby, and made a part hereof.
Budget Impact Analysis
City of Miami File ID: 8073 (Revision:) Printed On: 41612021
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
City Commission
Nicole Ewan
Legislative Division
Valentin J Alvarez
Office of the City Attorney
George Wysong
Department of Real Estate and Asset Management
Review Completed
02/05/2021 9:56 AM
Office of Management and Budget
Pedro Lacret
Office of Management and Budget
Leon P Michel
City Manager's Office
Fernando Casamayor
City Manager's Office
Arthur Noriega V
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Nicole Ewan
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Meeting
Completed
12/10/2020 9:00 AM
Legislative Division Review
Completed
01/20/2021 1:43 PM
ACA Review
Completed
02/03/2021 11:21 AM
Anthony Barcena
Department Head
Budget Analyst Review
Completed
02/05/2021 10:53 AM
Budget Review
Completed
02/08/2021 6:12 PM
Assistant City Manager Review
Completed
02/09/2021 6:52 AM
City Manager Review
Completed
02/09/2021 10:58 AM
Deputy Attorney Review
Completed
02/09/2021 11:13 AM
Approved Form and Correctness
Completed
02/09/2021 4:55 PM
Meeting
Completed
02/25/2021 9:00 AM
Meeting
Completed
03/25/2021 9:00 AM
Signed by the Mayor
Completed
04/05/2021 1:39 PM
Signed and Attested by the City Clerk Completed
04/05/2021 2:27 PM
Rendered
Completed
04/05/2021 2:27 PM
City of Miami File ID: 8073 (Revision:) Printed On: 41612021
- City of Miami City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13982
File Number: 8073 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 File ID: 8073 (Revision:) Printed On: 41612021
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 Kev 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
M 507072.28 909801.74
N 507107.84 910090.36
O 507243.14 910165.02
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
unchanaed material.
City of Miami File ID: 8073 (Revision:) Printed On: 41612021
(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 sailing 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 City Code for which a Special Events Permit is obtained from the Director of
the Parks and Recreation Deaartment.
*11
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.
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.
City of Miami File ID: 8073 (Revision:) Printed On: 41612021
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, Ciky Hktor iey 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 File ID: 8073 (Revision:) Printed On: 41612021