HomeMy WebLinkAboutM-82-0114ORDINANCE NO.
AN ORDINANCE MAKING IT UNLAWFUL TO FISH FROM
SOUTH BAYSHORE DRIVE, INCLUDING ALL PORTIONS
OF THE RIGHT OF WAY THEREOF, BETWEEN SE 14
TREET AND SE 15 ROAD, EXCEPT DURING THE HOU S
F OM 10:00 A.M. TO 4:00 P.M.; FURTHER PROVi NG
A ENALTY UPON CONVICTION FOR VIOLATION OF HIS
ORD NANCE OF A FINE OF NOT MORE THAN $500 R
IMP SONMENT FOR NOT MORE THAN 60 DAYS OR;BOTH
AND OVIDING FOR A SEVERABILITY CLAUSE./
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WHEREAS, nder Section 3(b) of the Ci�y Charter, the
City is empowere to regulate the use of !streets, sidewalks,
public highways o any part thereof andlprevent the obstruc-
tion of such street , sidewalks and highways; and
WHEREAS, under City Charter Sect%ion 3(p), the City is
empowered "generally ta,define, prohibit, abate, suppress,
and prevent all things d�trimental,'to the health, morals,
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comfort, safety, convenience and j.Welfare of the inhabitants
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of the city"; and
WHEREAS, South Bayshore D,five, including all portions
of the right of way thereof, ibetween SE 14 Street and SE 15
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Road has been the site of ntlmerou`s violations of City Code
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provisions by persons fishing from',said street which viola-
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tions include excessive noise, publiq consumption of alcohol
and obstruction of sidewalks, as well `as unlawful disposition
of trash and garbage;/and
WHEREAS, the ap'ove offensive activit`*es most often
occur early in the` morning or late in the Afternoon and
evening;
NOW, THEREJORE, BE IT ORDAINED BY THE COM'MISSION OF
THE CITY OF MIJMI, FLORIDA:
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Section �1. Except during the hours from 10:60 A.M. to
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4:00 P.M., it shall be unlawful to fish from South �ayshore
Drive, inel ding all portions of the right of way the`�eof ,
between ,1E 14 Street and SE 15 Road.
Sqktion 2. Any person who shall violate this ordina ce
shall upon conviction thereof be punished by a fine of not
mor than Five Hundred Dollars ($500) or imprisonment for
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not more than sixty (60) days, or shall be both fined and
imprisoned.
Section 3. It is the intention of the City Commission
that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami, Florida. The
sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate
word.
Section 4. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid
the remaining provisions of this ordinance shall not be
affected.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1982.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of
ATTEST:
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
, 1982.
M A Y 0 R
::;;D AS TO FORM AND CORRECTNESS:
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GEOR )F. KNOX, JR.
CITY TORNEY
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82-114
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FFrr
201
To: Howard Gary
City Manager
ATI'E3VTION : Jack Eads
F�oM: Maurice A. Ferr
Mayor
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CITY OF MIAMI, FLORIDA
INTER -OFFICE &MEMORANDUM
February 4, 1982 r1L.E
Agenda Item for City C n'Mi.ssion
Meeting of February 11, 1982
C'JCES
ENCLOSUAEG
Please place on the City Ccmnission agenda for the Cc mdssion meeting of February
11, 1982 the attached item regarding the banning of fishing along 85uth
Bayshore Drive.
/ist
1420 S. BAYSHORE DRIVE / MIAMI, FLORIDA 33131 / TELEPHONE: (305) 373-5987
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The Honorable Maurice Ferre, Mayor
City Hall
3500 Pan American Way
Miami, Florida 33133
Dear Mayor Ferre,
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July 22, 1981
As President of BayshorePlace Condominium, I am writing
to request the City of Miami to stop the practice of fishing
and picnicking along the new sea wall at Point View.
Our building which houses 124 families overlooks this
wall and Biscayne Bay. Every night there are numerous
fishermen on the sea wall producing much loud noise and huge
amounts of garbage. In the morning, a walker along the
wall is confronted by half -eaten food refuse, cut fish bait,
hooks, dead fish and other objectional items.
We have seen groups of people set up tables and chairs
and eat a late supper, disposing of its remains in the bay or
on the wall. We believe these actions to be violations of
City ordnances.
Since the wall is part of a city street and such activities
prevail, we wonder what action the city would take if these
groups set up their picnics on the sidewalks of Flagler St.
Needless to say, the noise produced by these people lasts
past midnight and the garbage produced leaves a terrible odor
to say nothing of possible disease and attractiveness to rats.
We call upon you as our mayor to take all possible steps
to eliminate this annoying and unhealthful situation.
Sincerely,
71(
Murray Z ff
President
Bayshore Place Condominium
1420 S. BAYSHORE DRIVE / MIAMI, FLORIDA 33131 / TELEPHONE: (305) 373-5987
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APARTMENTS
"On The Bay"
July 23, 1981
BAY SHORE COOPERATIVE, INC.
1430 S. E. BAYSHORE DRIVE
MIAMI, FLORIDA 33131
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Phone: 374.4321
Honorable Maurice Ferre
' Mayor, City of Miami
City Hall, 3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Ferre:
Reference is made to the request by the Point View Association for
j NO FISHING AND LITTERING" signs to be placed on South Bay Shore Drive,
between 14th Street and 15th Road.
It was impossible for me to attend the City Commissioners meeting
held last Thursday, during which this matter was discussed, and I
understand has now been referred to the City Attorney for a legal
opinion.
It is our opinion, that possibly you and the Commissioners are not
fully aware of the way in which the Bayfront between 14th Street and
15th Road is being utilized.
It is in no way a prominade to be enjoyed by all, but is now apparently
considered, and being used not only as a fishing spot but as a
recreational area and PUBLIC PARK. Naturally, none of the facilities
normal in a public park are supplied; the persons making use of the
bayfront provide the equipment they consider necessary for their
enjoyment.
We are now accustomed to seeing the following on the sidewalk along
the Bay:
(1) Fishing equipment and bait scattered on the walk;
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(2) Chaises and folding chairs taking up the entire width
of the walk;
(3) Picnic baskets and containers of beer and soft drinks;
(4) Tables set up on the grass area between the walk, and
the curb with an umbrella anchored in the ground;
(5) A hammock hooked on one side to the poles on the bulkhead
and at the other end to one of the new small trees, taking
up the entire width of the sidewalk.
The groups thus equipped spend several hours, either during the day-
light hours, or far into the night, and there is always at least
one fisherman, usually two or three, accompanied by friends and/or
relatives.
Police have been called on several occasions at 3:00 or 4:00 in the
morning because of loud radios and voices. On a recent Sunday
morning I counted approximately 50 cold drink cans, with the
accompanying debris of containers, newspapers, broken glass, etc.
On the rare occasion when a small attempt is made by the public to
dispose of some of the litter, it is carefully deposited in the
' grating over the sewer!
We realize this is a public street, but it is NOT A PUBLIC PARK.
If the City of Miami allows it to be used as a park, then the funding
should be from park funds and no assessment should made against
the adjacent property owners.
We are all very proud of our beautiful new street, and it is very
j discouraging to watch it being destroyed.
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Sincerely,
B ;$H COOPERAT VE, NC.
lem Pennington, resident
Board of Directors
cc: Mr. George Knox, City Attorney
Mr. Kenneth Burgher, President
Point View Association
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Brickell Shore Condominium, Inc.
1440 S. Bayshore Drive
Miami, Florida 33131
Phone (305) 3584876
July 22, 1981
Dear Honorable Maurice Ferre:
?; On behalf of Brickell Shores Condominium, we would like to express our pleasure
and delight on the completion of Point View. After enduring many months of
construction, we have been quite impressed with the total outcome.
We inplore you to put yourself into our pending problem we are now incurring.
We hope you are cogniznt to what we are being subjected to and the burden of
our anxieties involing the unfortunate situation facing our area.
As you must be well aware, the taxes in this area are immensely high and with the
added assesment bestowed upon us as a result of Point View, we would like to
have your conscientious consideration in resolving this issue.
We have been putting up with the clamour of radios, stagnant smells of fish
` reminants, and the fear of potential increase of crime. In the planning of
Point View, apparantly there was not anv calculations reviewed on the health,
security and privacy invqsion that could be quite censorious to the city.
As this is an influential area, the purchase of a condominium is expensive.
With the completion of Point View our equity has certainly increased but with
the untidyness that is imposed upon us there is an automactically depreciation.
We are very discontented and rather disturbed by the biased article in the Miami
Herald on Sunday. They applied to the sympathy of the reader by forcing them
to believe we were destroying the recreational activities of a young boy.
They failed to allow the reader to get both sides of the story. Never did they
mention that this is our home. And that the beauty of our view was being
destroyed not only by the waste but by the inappropriate area selected for the
people that want to fish. In reality this is not an area for fish. It does not
have the facilities to acoomodate nor does it provide any security for the
residents or people wanting to enjoy the area.
We asking you to be our advocate in retaining the beauty of Point View.
We appreciate your attention to this matter and hope we can find the best solution.
Thank You,
Andy Herrera -�
President
Brickell Shore Condominium