HomeMy WebLinkAboutLegislation (2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00350 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SHIPS, VESSELS AND WATERWAYS," TO MODIFY REGULATIONS RELATING
TO THE ANCHORING, MOORING AND USE OF VESSELS IN THE CITY OF
MIAMI'S ("CITY") WATERWAYS BY ADDING NEW DEFINITIONS, REVISING
REGULATIONS, PROVIDING NEW REGULATIONS RELATING TO CITY
MARINAS AND MOORING FACILITIES; PROVIDING FOR THE ADMINISTRATION
AND OPERATION OF CITY MARINAS AND MOORING FACILITIES; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, there is a need to address the issue of unsafe, unsightly, derelict or abandoned
vessels within the waters of the City of Miami; and
WHEREAS, Section 327.60(2), Florida Statutes allows Florida cities to regulate the mooring and
anchoring of non -live aboard vessels not engaged in the exercise of the rights of navigation; and
WHEREAS, orderly administration and the public interest dictate that marina and anchorage
operations be handled in a uniform and impartial manner and these amendments to Chapter 50 of the
Code of the City of Miami, Florida, as amended ("City Code"), will serve these purposes;
NOW, THEREFORE, BE IT RESOLVED 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 if fully set forth in this Section.
Section 2. Chapter 50 of the City Code, entitled "Ships, Vessels and Waterways," is amended in
the following particulars:{1}
"CHAPTER 50
SHIPS, VESSELS AND WATERWAYS
* * *
ARTICLE I. IN GENERAL
Sec. 50-1. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively
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ascribed to them by this section:
Abandoned property: as defined in section 705.101, Fla. Stat., as amended.
Anchoring: the act of securing a vessel or dinghy in navigable waters within the city by means of an
anchor or other device and associated tackle that is carried on board the vessel and cast or dropped
overboard.
Applicant: Every person who shall make application to the city for long term commercial vessel
dockage.
Approved marine sanitation device: any equipment for installation on board a vessel which is
designed to receive, retain treat or discharge sewage, and which has been approved by the United
States coast guard pursuant to PL 91-224.
Boat: Every description of watercraft, barges and airboats, including a seaplane on the water, used or
capable of being used as a means of transportation on water.
Booth: That structure utilized for the purpose of selling tickets, displaying signs and various
advertising literature.
business of charter rental.
City Manager.• the term City_ Manager shall include the City Manager's designee.
Commercial vessel: , head -
as defined in section
327.02, Fla. Stat., as amended.
Contaminant: Any substance which is harmful to plant, animal or human life.
County: Miami -Dade County.
Derelict Vessel : as defined in section 823.11, Fla. Stat., as amended.
Dinghy: means any vessel not exceeding 12 feet designed for and used primarily to serve a larger
vessel by transporting persons and/orproperty to and from the larger vessel, from or to other vessels,
piers, docks, or landing facilities.
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Dinner Key Marina Area Yacht Basin: the area commencing at the southwest corner northwest 1/4
section 22 township 54 south, range 41 east; thence south along the westerly line of said section 22
170.7+ feet to a point; thence west 25.0 feet to the point of beginning of the hereinafter described
parcel of land and submerged land; thence south along a line parallel with and 25.0 feet westerly of
the west line of said section 22 114.2+ feet to the mean high water line of Biscayne Bay; thence north
76° 20' east 140+ feet along a line meandering the shoreline of Biscayne Bay to a point of intersection
with a line which is 40 feet easterly of and parallel with the existing bulkhead around the Dinner Key
area; thence south 13° 40' east along the aforementioned line a distance of 170.5 feet; thence south
45° 40' east a distance of 488.5 feet; thence continuing parallel to existing bulkhead run north 44° 20'
east 140 feet; thence north 45° 40' west 40 feet; thence north 44° 20' east 160 feet; thence south 45°
40' east 40 feet; thence north 44° 20' east 393 feet still parallel and 40 feet from said existing
bulkhead; thence south 45° 40' east 180 feet; thence north 44° 20' east 318 feet; thence north 45° 40'
west 153 feet; thence north 62° 20' east 942 feet to a point on the southwesterly line of the 300-foot
wide coast guard seaplane channel as shown on city drawing DK-7; thence south 56° 40' east along
said southwesterly line of channel for a distance of 2,400 feet; thence south 33° 20' west 2,370 feet;
thence north 53° 25' west 2,925 feet; thence north 39° 25'west 885 feet; thence north 73° 00' west 237
feet to a point on the shoreline of Biscayne Bay; thence north 40° 32' 30" west 62 feet; thence north
49° 27' 30" east 300 feet; thence north 86° 27' 30" east 163.6 feet, more or less to the point of
beginning containing 307.66+ acres. All as shown on a sketch prepared by the city department of
public works bearing file number miscellaneous 33-112, a copy of which is available for inspection at
the Dinner Key Marina dockmaster's office and in the office of the city clerk.
Director: The office of the city manager. Director of the Department of Public Facilities.
Discharge: any spilling, leaking, pumping, emitting, emptying or dumping.
Dockmaster: That person; assigned to supervise the
daily operations of the particular marina to which he is assigned. The Dockmaster shall report to the
Marinas Manager.
Facility: any or all of the city owned and operated marinas or managed mooring facilities.
sport or fun, but is to catch volumes of fish, shrimp or other sea life to be sold for profit, either by the
Floating structure: a floating entity, with or without accommodations built thereon, which is not
primarily used as a means of transportation on water but which serves purposes or provides services
typically associated with a structure or other improvement to real property. The term "floating
structure" includes, but is not limited to, each entity used as a residence, place of business or office
with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking
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facility, mining platform, dredge, dragline, or similar facility or entity represented as such. floating
structures are expressly excluded from the definition of the term "vessel" provided in this section.
Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself,
preclude an entity from classification as a floating structure.
„ „ „
Harbormaster: the City employee assigned to manage the City's municipal mooring fields and
anchorage areas, or the Harbormaster's designee. The Harbormaster shall report to the Marinas
Manager, Department of Public Facilities.
Holding Tank: receptacle on a vessel which is used to contain and store sewage.
License Agreement: any transient dockage agreement, mooring and dockage agreement. commercial
dockage agreement, or mooring agreement entered into between the City and a vessel owner for
dockage at a City marina or mooring facility.
Licensee: the person or entity entering into or possessing a dockage or mooring license agreement
with the city.
Live -aboard vessel: as defined in section 327.02, Fla. Stat., as amended.
Local business tax receipt: refers to a city local business tax receipt.
Marinas manager: That person who shall be the division
head supervising the operations of all city marinas and mooring facilities.
Marine sanitation device: means the device as defined in section 327.02, Fla. Stat., as amended.
Marine Stadium Prohibitive Anchorage Area: the area described in Section 53-51 of the Code.
Miamarina-Bayfront Prohibitive Anchorage Area: the area bounded on the west by the existing
bulkhead along the east side of Bayfront Park and "bayside"; bounded on the south by the east -west
portion of the Dade County bulkhead line as shown in plat book 74 at page 18 of the public records of
Dade County, Florida_, said line being at the approximate easterly extension of the south right-of-way
(ROW) line of Chopin Plaza; bounded on the east by the Dade County bulkhead line (plat book 74-18);
and bounded on the north by the Dade County bulkhead line (plat book 74-18); at the north side and
entrance of "Miamarina," and the existing bulkhead along the south right-of-way (ROW) of Port
Boulevard. All as shown on a sketch prepared by the city department of public works bearing file
number miscellaneous 40-55a, a copy of which is available for inspection at the Miamarina
dockmaster's office and in the office of the city clerk.
Mooring: the act of securing a vessel in navigable waters within the city by means of a permanent
mooring system affixed to the bottom.
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Mooring Field: city designated areas in and adjacent to city installed mooring systems, which may
include city and state owned bay bottoms but which exclude privately owned bay bottom.
Mooring System: Any weight, chain, rope, floating object, structure or appliance used for the purpose
of holding a vessel in a particular place and which is not carried on board such vessel as regular
equipment when the vessel is underway.
Officer any law enforcement officer as defined in Section 943.10 Fla. Stat., as amended, or a Code
Inspector as defined in Section 2-813 of this Code.
Operator: Every person who shall own, physically operate, navigate or control any vessel.
Owner: as defined in section 327.02, Fla. Stat. as amended.
Person: ,
. as defined in section 327.02, Fla. Stat.,
as amended.
Pier: Any structure built out into the water with piles, for use as a landing place for vessels.
Pollution: The presence in the waters of the city of any one or more substances or contaminants
which are harmful or injurious to human health or welfare, animal or plant life, or property.
Private vessel: Any vessel used for pleasure by the owner or others, where no charge is made for
fishing or riding upon or within such vessel.
Rafting: the act of tying or securingtwo or more vessels alongside each other while anchored or
moored.
Recreational Vessel: as defined in section 327.02, Fla. Stat., as amended.
determined by the length of time that kris-ce#ificate of convenience aiid-nesecsity has been in
Sewage: human body wastes from toilets and other receptacles intended to receive or retain body
wastes, or laundry wastes collected from a laundry process, or waterborne solid wastes collected or
received from food preparation or service.
Shoreline: That line of the tide at any given time.
Sightseeing boats: Any boat engaged in transporting the public, for hire on the water, for sightseeing
purposes.
Vessel: as defined in section 327.02, Fla. Stat. as amended.
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Wastes: Sewage, industrial wastes and all other liquid, gaseous, solid, radioactive or other
substances which may pollute or tend to pollute any waters of this city, upon deposit therein.
Waterffl:
all portions of those waters, up to and
including the mean high water mark, located within the corporate limits of the city, including, but not
limited to, all navigable and non -navigable waterways, rivers, lakes, streams, springs, impoundments,
and all other bodies of water, including fresh, brackish, saline, tidal surface or underground. It does not
include the Florida Intracoastal Waterway or any other area preempted by law.
Sec. 50-2. Obstructing channels; unlawful anchoring, mooring or docking; unlawful use of navigational
aids.
It shall be unlawful for any vessel within the city ' ; to tie
up to or to discharge persons upon any navigational aid within the city;
any established channel of the city; or, except in an emergency or with the approval of the city
department director or designee thereof ; i to anchor or moor any live -aboard vessel or vessel not in
navigation over city -owned bottomland or to anchor, moor or dock without the permission of the
dockmaster, having jurisdiction within the marked boundaries of the mooring
fields of either the Dinner Key Marina Area Yacht Basin or the Miamarina--Bayfront Prohibitive
Anchorage Area or the Miami Marine Stadium Prohibitive Anchorage Area,
3s-fellows=
the west line -of said section 22 11-.2+ feet to the ea/4 high water line -of Biscayne Bay; thence north
„st 1 feet; thence north 45° 4n' west 40 feet; thence north Ad° 20' east 160 feet; thence south 15°
°
°west 237
beginning containing SO7.66+ acres.
dockmaster's office and in the -office of the city clerk.
(2) Miamarina Bayfront Prohibitive #zcherage
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„
Boulevard—
.
elements, which shall serve as notification that the vessel is in violation of section 50 2 of this Code
remove shall also be -given the ve..sel owneF or operator during saki 18 hour period, based upon local
been removed pursuant to notice -giver under section 50 3.
Sec. 50-3- 50-5. Reserved
Sec. 50-6. Use of nets and traps.
It shall be unlawful for the owner or operator of any vessel to use fishing nets or set traps within the
limits of any established channel, or within the protected area of any yacht basin as set forth in section
50-2 hereof.
Sec. 50-7. Noise generally. Operation of radios, phonographs or other sound -making devices -
Generally; exemption
manner which causes any noise which unreasonably disturbs, injures or endangers the comfort,
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(a) It shall be unlawful for any person owning, occupying or having charge of any vessel or any part
thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual
noises in the operation of any radio, phonograph or other mechanical sound -making device or
instrument, or reproducing device or instrument, where the noise or music is plainly audible at a
distance of 100 feet from the vessel in which or from which it is produced. The fact that the noise or
music is plainly audible at a distance of 100 feet from the vessel from which it originates constitutes
prima facie evidence of a violation of this chapter.
(b) The city commission may declare an exemption from the prohibitions contained in paragraph (a)
above and declare them inapplicable on special occasions by resolution.
Sec. 50-8. Live -aboard vessels and floating structures prohibited - Generally; exceptions
Live -aboard vessels and floating structures are prohibited from mooring or anchoring in all waters of
the City, except in marinas, licensed marine facilities, or mooring fields otherwise provided for in the
City Code.
Sec. 50-9. Trespassing Dinghies & Vessels; Defined; Penalties
(a) Trespassing vessels and dinghies defined: Any vessel or dinghy shall be unlawfully trespassing
when:
The vessel or dinghy is placed, parked, or secured to any city marina slip, pier, bulkhead, city dinghy
dock or within the boundaries of any municipal mooring field or secured to city property not specifically
designated for that purpose without the permission or authorization of the Marinas manager,
Harbormaster or their designees;
The vessel or dinghy is secured to or parked at a city dinghy dock without proof of payment for a
license agreement or dinghy permit;
The vessel or dinghy remains on a city dinghy dock in excess of twelve hours without the authorization
of the city;
The vessel or dinghy is secured to city_property not specifically designated for that purpose without
prior authorization of the city.
(b) Penalties for trespass violations:
A first violation of this section by a vessel or dinghy shall result in a written warning secured to the
offending vessel, advising the owner/operator of the offense and that if the same continues for more
than 24 hours it shall constitute a second trespass under this section.
A second trespass by the same offending vessel occurring within thirty (30) days of the first violation
shall be punishable by a fine in the amount of $50.00 providing that the same is paid within seven
calendar days of the issuance of the notice of violation. Any person whether the owner or operator of
the offending vessel or dinghy who ignores a notice of violation and fails to pay the fine within seven
calendar days, shall be subject to a fine of not Tess than $50.00 and not more than $300.00 including
court costs as may be awarded or imprisonment not to exceed five days or the accumulation of fines,
court costs, and imprisonment.
A subsequent trespass by the same offending vessel within one hundred eighty (180) days of the first
violation shall result in the towing and impoundment of the offending vessel. The vessel may be
reclaimed by the owner or his representative after presenting proof of ownership of the impounded
vessel and payment of a reasonable towing and storage charge. Upon proof of ownership and
payment of the reasonable charges, the vessel or dinghy shall be released to the owner or agent.
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If the owner of the vessel or his agent cannot be found, or elects not to pay in accordance with the
provisions outlined in this section,_then the vessel or dinghy shall be considered to be abandoned
property and the city shall follow the appropriate steps to dispose of the property in accordance with
state statutes.
Sec. 50-10. Floating Structures Prohibited
Floating structures, as defined in this article, are prohibited from tying up at city marinas and from
mooring at city mooring facilities and from anchoring in city waters unless expressly authorized by the
City Manager or his designee.
Sec. 50-11. Vessel Inspections; Boarding by Law Enforcement
All vessels moored at city marinas and mooring facilities may be boarded by authorized city officers or
marina staff if necessary to respond to an emergency, or as otherwise permitted by applicable law. It
shall be a violation of this section for a licensee to refuse to allow, prevent, or interfere with such
boarding. In order to ensure compliance with federal and state safety and marine sanitation
regulations, the Dockmaster and Harbormaster shall be authorized to conduct periodic vessel
inspections. Denial of an inspection shall be considered grounds for termination of the vessel owner's
License Agreement. The vessel owner shall fully comply with the directions of the Dockmaster and
Harbormaster and Law Enforcement personnel, and shall allow access to their vessel by those
personnel as necessary.
Sec. 50-12. Reporting of Fuel / Oil Spills
Vessel owner shall contact the Dockmaster and/or Harbormaster's Office and Federal Oil Spill Hotline
(800-424-8802) when an oil/fuel spill is discovered. Oil absorbent pads and containment boom are
located at the Dockmaster and/or Harbormaster's Office and are available for deployment in the event
of a spill. Do not use detergents to break up spills.
Sec. 50-13. Vessel Cleaning
Cleaning or washing vessels with detergents containing phosphates, chlorine, or petroleum distillates
is prohibited within any city marina or mooring facility.
Sec. 50-14. Misuse of Amenities
The misuse, vandalism, or destruction of any amenities at city marinas or mooring facilities is grounds
for election. If any licensee, guest, or crew damages any property or equipment of a Facility or it's
amenities due to neglect, misuse, failure to follow stated directions, or vandalism, they shall be held
responsible for the cost of repair and replacement, as well as any criminal or civil charges for the
activity.
Sec. 50-15. Emergency Repairs
The licensee shall be required to grant consent to the Dockmaster and/or Harbormaster that in the
event of an emergency, the Dockmaster and/or Harbormaster has the authority to have necessary
repairs made to the licensee's vessel, as economically as possible. Emergencies can include, but are
not limited to: breakdown of bilge, fuel, or sewage pump or any other leak; chafed or broken lines, or
any other emergency that may imperil the vessel and possibly lead to sinking. The cost of these
repairs parts labor, and any other appropriate charges, shall be billed to the vessel owner and
payable within 24 hours of the vessel owner's return or as provided by the Dockmaster and/or
Harbormaster.
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Sec. 50-16. Hurricanes and Tropical Storms; Evacuation of Vessels for Storm Events
City Mooring Facilities are not safe locations for vessels during tropical storms or hurricanes, and the
City believes that significant damage to the vessels and Facility will likely occur in a major storm if
vessels are left at the Facility. The City warns vessel owners to exercise prudent and appropriate
judgment on whether to remove their vessel from the Facility in the event that a tropical storm or
hurricane threatens the area. The City recommends that vessels evacuate the Facility prior to the
declaration of a hurricane watch or warning. Licensees are advised that mooring equipment provided
in the Facility may not be able to withstand the pending hurricane or tropical storm or associated wind
or tidal surges. All Facility licensees shall be solely and totally responsible for any and all damages to
persons or property caused by their failure to remove their vessels from the Facility in a timely fashion.
Notwithstanding anything to the contrary in Florida State Statutes or the provisions of this chapter, in
the event that a vessel owner fails to remove his vessel from a municipal mooring facility prior to a
tropical storm or hurricane the city may cause the removal of that vessel, if reasonable, and/or take
whatever reasonable actions are deemed necessary by the Harbormaster to properly secure the
vessel and minimize damage to the vessel and to protect city property. The city may charqe the vessel
owner a reasonable fee for any actions taken to secure the customer's vessel, and shall not be held
liable for any damage incurred to a customer's vessel from storms or hurricane and shall be held
harmless a result of such actions.
Sec. 50-17. Responsibiliy of Licensee to File and Maintain Hurricane Plan
It shall be the responsibility of the licensee at all city marinas and morinq facilties to provide, maintain
on file with the Marina and Harbormaster's Office that shall contain the vessel owner's emergency
contact information; the names of persons authorized to act on the vessel owner's behalf in securing
the vessel in advance of a tropical storm or hurricane event, and any other pertinent information that
may be requested by the city that would facilitate safeguarding the customer's vessel and protecting
the facility.
Sec. 50-18. Removal of Sunken Vessels and Dinghies
In accordance with the provisions of this chapter, it shall be unlawful for vessel owners to permit a
vessel or dinghy to remain sunken or grounded at any City marina, mooring facility or dinghy dock for
more than seven (7) days. Vessel owners are responsible for the refloating of any vessel sunk in a
city facility. The Dockmaster and/or Harbormaster may require that any vessel which sinks at a city
facility be removed from the facility until appropriate repairs are made. Upon oral or written request
from the Dockmaster and/or Harbormaster, that vessel must be removed from the facility within 48
hours or the Dockmaster and/or Harbormaster may remove the vessel or cause the vessel to be
removed and may recover the cost of removal and of storage or disposal of the vessel from the
licensee or owner of the vessel. If the Dockmaster and/or Harbormaster determines that a sunken
vessel is discharging pollutants into the water, creating a hazard to navigation or the safety of other
vessels, or causing any other kind of emergency, then the Dockmaster and/or Harbormaster is
authorized to take all necessary measures to stop the cause of pollution or eliminate the hazard or
mitigate the emergency, without prior notice to the licensee or vessel owner, and recover all costs
associated with the corrective actions taken.
Sec. 50-19. Penalties
A violation of any of the provisions of this Chapter shall be punished as provided in Section 1-13 or
Chapter 2, Article X of this Code unless another penalty is provided.
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ARTICLE II. OPERATION OF VESSELS
DIVISION 1, GENERALLY
Sec. 50 36. Speed -restrictions.
Sec. 50-37. Operation during and near, etc., regattas, pageants, races, etc.
It shall be unlawful during any regatta, pageant or marine parade upon any waters of the city, or upon
any racecourse, a part of which is within the city, for any vessel of any type or description to pass up,
down or across the course, or to move in waters immediately adjoining the course during the progress
of such race, pageant or marine parade, in such a manner as to endanger participants in the regatta,
pageant or marine parade, or the crews or passengers on board vessels attending such event. This
prohibition shall not be applicable to racing craft, or craft engaged in such activity, or boats, properly
identified, having on board officials of such activities.
Sec. 50-38. Safe Operation of Vessels Within Marinas and Mooring Fields
No vessels within the boundaries of a city marina or mooring field may be navigated at a speed in
excess of 5 MPH, or at a speed which causes a wake to other vessels. Any person operating a vessel
or dinghy within the boundaries of a city marina or mooring field shall comply with all federal, state,
and local laws, rules,_ and regulations concerninq_the safe operation of vessels, including the Inland
Navigation Rules.
Sec. 50-39. Vessels No Longer Exercising Rights of Navigation
It shall be unlawful for any person to anchor or leave at anchor in the navigable waters of the city a
non -live -aboard vessel no longer exercising its rights of navigation. Any nonliveaboard vessel that
remains continuously anchored for more than seven days is presumptively no longer exercising rights
of navigation.
Sec. 50-40. Live aboard vessels prohibited.
Except as otherwise provided in this Chapter, live aboard vessels are prohibited in the city.
a. Live aboard vessels are permitted in private mooring or marina facilities;
b. Live aboard vessels may be permitted in designated City Marinas and mooring fields.
DIVISION 2. COMMERCIAL VESSELS
Sec. 50-61. Application for commercial dockage.
(a) Persons making application for commercial dockage of vessels at city marinas shall furnish the
marinas manager with the following information:
(1) Business name, address, date of incorporation, vessel operator's years of experience.
(2) Proof of documentation/registration for commercial purposes.
(3) Local business tax receipt (or application copy).
(4) Proof of vessel/business liability insurance.
(5) Description of the vessel, including, but not limited to:
a. Vessel name/manufacturer/identification number.
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b. Length/beam/draft.
c. Seating capacity.
d. Gross/net tonnage.
e. Description of commercial activity.
(b) If the application is for a sightseeing or excursion vessel, the applicant shall, in addition to the
above, furnish the following information:
(1) United States Coast Guard captain's/master's license for all vessel operators.
(2) Three professional letters of reference.
(3) Current U.S.C.G. certificate of inspection or survey certificate.
Sec. 50-62. Display, sale and disposal of fish prohibited.
Fish caught on commercial vessels operating at a city marina may not be sold or displayed to the
public at the marina unless otherwise authorized by the City Manager. Fish may not be displayed at
the berth of any particular vessel_ . At the
dispose of the same. It shall be unlawful under any circumstances to dispose of such fish by dumping
them into the waters of the yacht basin. In addition to any penalties provided in this Code, any person
violating the provisions of this section shall, as it pertains to such person, have all berthing rights at city
marinas terminated and his or her lease agreements, certificates or dockage agreements cancelled by
the director.
Sec. 50-63. Compliance with law.
The owner, operator or other person responsible for either the operation, and/or maintenance Sr --bath
of any vessel shall, upon demand, submit to the director
dockmaster a valid United States eCoast gGuard certificate of inspection or certification made by an
independent qualified marine surveyor that the vessel is in seaworthy condition and
in compliance with state and federal law.
ARTICLE III. CONTROL OF MARINE POLLUTION*
DIVISION 2. MARINE SEWAGE TREATMENT
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tugs.
bays, estuaries, inlets, caves, canals, streams
Sec. 50-120. Prohibited discharges; required equipment on vessels; restrictions on dock rentals.
(a) The discharge of untreated sewage or sewage treated to less than 90 percent removal of organic
matter from any vessel or live -aboard vessel into the waters of the city shall be, and is herewith
expressly prohibited.
(b) All vessels that are equipped with an approved marine sanitation device, laundry equipment or
other device or contrivance that produces or is capable of producing waterborne wastes from food
preparation or service shall be equipped with a method for the prevention of the discharge of untreated
sewage or sewage treated to less than 90 percent removal of organic matter into the waters of the city.
(c) Live -aboard vessels shall be required either to be equipped with the necessary device or devices
to deliver all sewage to a shore facility collection system or provided equipped with treatment facilities
capable of treating the sewage as specified in subsections (a) and (b) above.
(d) No individual, firm, corporation or any other person in the city may rent, lease or otherwise provide
dock space for any vessel or live -aboard vessel required to be equipped with a marine sanitation
device unless:
(1) Such vessel or live -aboard vessel is equipped with sewage treatment facilities as is specified in
subsections (a) and (b) above; or
(2) Such dock space is equipped for the dockside collection of the sewage generated aboard such
live -aboard vessel.
Any vessel docked at a City -owned marina facility under a License Agreement, in violation of this
section, is subject to having the License Agreement terminated by the City upon 24-hour notice.
ARTICLE IV. MIAMI VESSEL MOORING CODE
DIVISION 1. GENERALLY
Sec. 50 151. Short title; definitions.
(a) This articic shall be known as the "Miami vessel mooring code."
(b) ,
meaning:
Abendonod means a wrecked or derelict -vessel having no value other than nominal salvage value, if
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,
- . e e . - •- acculinc gender, shall m an the feminine, masculine or neuter gender
which shall include firms and boards.
Officer means any police officer of the city, the director of the office of marinas or his authorized
River, standing alone, with no modifiers, means the Miami River and its tributaries.
Sec. 50-152. Legislative intent.
The city commission hereby finds and determines that the insecure and improper mooring of vessels
in city waters including but not limited to Biscayne Bay, the Miami River and their tributaries increases
the danger of grounding and breaking loose of the said vessels and thereby endangers navigation, life
and property; that insecurely and improperly moored vessels have broken loose in the past and
damaged bridges, structures, and other valuable property; that scrap and derelict vessels occupy
areas which could be developed as berths for economically active and attractive vessels; that scrap
and derelict vessels moored or sunk in city waters, including but not limited to Biscayne Bay, Miami
River and their tributaries, are unsightly, a danger to navigation, and a detriment to tourism and to
property values; that the release of pollutants, the infestation of rats and the breeding of mosquitoes
on derelict vessels moored upon city waters, including Biscayne Bay, the Miami River and their
tributaries, constitute dangers to public health, and that derelict or sunken vessels often constitute
attractive nuisances that endanger the lives and safety of children. The city hereby declares its
intention that the provisions of this article are not intended and should not be construed as in any way
superseding or attempting to conflict with applicable statutes, ordinances, rules or regulations of the
federal government or of the State of Florida but are intended to supplement any such enactments or
provisions.
Sec. 50-153. Prolonged Grounding of vessel ; prohibition.
No vessel shall be moored in such a manner that it rests on the bottom
except as provided by the City Manager.
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Sec. 50-154. Mooring to certain features or structures prohibited.
required for the size and type of vessel hereinafter specified. No vessels shall be moored to trees,
shrubs, houses or other buildings on shore, or to bridges, bridge approaches, bridge fenders, or piles
driven or placed for the protection of bridges or their approaches, or any navigational aid within the
city.
Sec. 50-155. Adequate mooring lines required.
of-suoh-four-lines shall be a bow line, one shall be a stern line, and two shall be amidships or spring
lines. Vesseels-of 5 to less than 50 feet in length shall be moored by at least four lines with each line
.All
moored vessels shall be secured by an attachment with sufficient strength comparable to the lines
required for the size and type of vessel hereinafter specified. Vessels moored to piles or vessels
moored to structures which are separated from the shoreline must be secured by at least four lines
each having a minimum working strength of the combined total of lines required for a vessel of its size
as stated above in the Miami -Dade County Code, Section 7-36, as amended. Vessels moored or
anchored in such a manner to allow the vessel to swing 360 degrees around the mooring shall only be
required to have one line to the mooring, having the minimum working strength of one-half of the
combined total of lines required for a vessel of its size as stated above in the Miami -Dade County
Code, Section 7-36, as amended.
used have the mini -MUM working strength -required for a vessel -of its size and that the other vessel is
Sec. 50-156. Mooring to city property, bridges, fender systems, public bank, etc. prohibited;
emergency exception.
,
bridge -
The mooring of vessels to city -owned or city -controlled property shall be unlawful unless duly
authorized by the city manager.
fizi The mooring of vessels in such manner as to encroach or obstruct any established channel within
the city shall be unlawful
No vessel shall be moored to public bridges, bridge approaches, fender systems, or piles driven for
the protection of bridges or their approaches, or to any city owned bank or shore, unless under a lease
or permit issued by the governmental body having jurisdiction thereof.
fgjl It is unlawful and a violation of this section to moor any vessel in the area between the bank or
shore owned by the city and the bridge fender system.
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This section shall not be interpreted to prohibit temporary docking to any structure during an
emergency. By temporary is meant a period of time not exceeding twenty-four (24) hours. By
emergency is meant any structural defect in the vessel,_caused by either a normal breakdown or
collision, which would render the vessel a hazard to navigation if not immediately moored to structures
listed in subsection (a), or any weather condition which seriously endangers a vessel and which would
render the vessel a hazard to navigation if not moored to any of the structures listed in subsection (a)
or as so determined by the city manager or his designee.
Sec. 50-157. City or pPublic land property abutting water; use restricted.
It is illegal unlawful to use any city -owned erpublis-land property abutting water., except as permitted at
city marinas, and -except or as otherwise authorized by the city commission City Manager. The use of
city -owned property land prohibited by this section includes, but is not limited to, use for mooring,
docking, tying up vessels or dinghies, or for landing operations of vessels, and use for storage,
construction, repair or maintenance purposes. The term "city -owned property land abutting water"
includes, but is not limited to, the ends of any streets, roads or public ways; parkland, land where
public buildings are located, or any city ar-public land whatsoever, whether or not it is leased to others
by the City, which abuts, borders or is adjacent to water. " ' ,
Sec. 50 158. Abandoned vccscls.
Sec. 50-159. Water in bilges.
Not more than one (1) foot of water shall be permitted to remain in the bilges of any vessel for a period
of more than one (1) week. The measurement to determine the depth of water in the bilges shall be at
any point along the length of the vessel, but only at points one-half the distance from the amidship line
to the outboard edge of the hull or hulls measured along the horizontal plane of the main deck.
Sec. 50 186. Offending vessels declared nuisances.
Sec. 50 187. Notice.
{a) lf-the-sity-rnanager--Gf-hiS--autharized-r-epresentative-finds-and-cleternziines-t.hat-a-publia-nuisance-
record owner of the
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person's residence.
(b)
NOTICE OF PUBLIC NUISANCE
(VESSEL }
Name of Responsible Person or Owner of Vessel or his Lawful Agent:
Address of Person or Owner of Vessel -or his Lawful Agent:
�-
whisk is located at: (Vescel's Location
3- You are hereby notified that unless the condition above -described is remedied co as to make it
if- not other dice paid within 30 d ye after receipt of billing
RR�� ,
BT
Descri•tion of V - - -
City Manage'
Sec. 50 188. Hearing.
Sec. 50 189. Condition-rnay be remedied by city.
providing lines for vessels, installing cleats, bitts, bollards or piles to adequately keep vessels securely
conditions are hereby -expressly authorized to enter upon said vessel described in the notices set out
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applies -bier a-state-ment-that-its-destr-uotion-i-n-aocoFdanoe-wit-h-th-is-a-Ftiole-has-been-oFdeFec17-the-oost-o€
- - creby constitutes special assessment Tien together -with costs of recordation of all
documents required to -be recorded heFeby and with interest at the rateof sic percent per annum from
elsewhere -provided
ARTICLE V. CITY MARINAS
DIVISION 1. GENERALLY
Sec. 50-224. Assignment of berths based on overall vessel length.
Berths shall be assigned with respect to the overall length of a vessel, and a vessel may not be
assigned to a berth where the vessel's overall length exceeds the berth's length by not more than two
feet, except where the dockmaster determines that it is in the best interest of the city.
Sec. 50-225. Access to piers restricted.
It shall be unlawful for any person, except in the case of emergency or except for marina employees,
licensees and their bona fide guests and commercial vessel customers, to gain access to city -owned
and operated REAGORIETIeF€4,94 piers within the city.
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Sec. 50-230. Electrical power and fresh water exclusively for use of vessel occupying berth.
The electrical power and fresh water provided
berth is at City marina facilities shall be fef used exclusively by and for the vessel occupying that berth.
and paying a dockage rental fee therefore. It shall be unlawful for either the licensee or any other
person to use either the electrical power or fresh water for any purpose other than to supply power and
water to the vessel officially assigned to that berth by agreement on record at the dockmaster's office.
Water siphons will not be used except in case of emergency. Fresh water provided by the city shall not
be used as a cooling agen o equipment on vessl.
Sec. 50-233. Same --Key deposits.
At Dinner Key Marina, one key to the Keys to pier gates and marina toilet -shower facilities, as
applicable, will be issued by the dockmaster to each qualified vessel on receipt by the dock office of a
$540 deposit. The key deposit at Miamarina shall be $2-00 determined by the dockmaster. Such
deposit shall be refunded upon return of such key or shall be forfeited if the key is not returned.
Sec. 50-236. Orderly keeping of pier.
It shall be the responsibility of licensees to keep the pier areas adjacent to their vessels in an orderly,
clean and safe condition. Piers will be kept clear of all gear, including dinghies, and skiffs or other
equipment and may not hang such gear or other equipment from pilings. Customers are prohibited
from making any modifications or alterations to piers, slips and pilings. Private stowage facilities may
not be used on the walkways. Bicycles will be permitted on the piers at Dinner Key Marina if parked in
a manner so as not to block passage on the pier. Non-compliance with any of the above provisions
may be cause for removal and/or termination of their license agreement.
Sec. 50-239. Flame -producing equipment.
In the interest of safety and fire prevention, the use of or storage of grills and /or charcoal burners,
burning and welding equipment, grilling equipment or any open -flame equipment is prohibited within
marina areas, including but not limited to the marina piers and docks, except within the enclosed
vessel and at the owner's own risk. Grills are not permitted to be stored on marina piers or docks.
Sec. 50-240. Repairing, fitting out, etc., of vessels.
Routine maintenance and minor repairs necessary for the preservation and seaworthiness of the
vessel may be performed within the marina. Major repairs may not be performed at city marinas.
Routine maintenance and minor repairs are considered to be those which:
(1) Do not disturb the public peace and tranquility of any person aboard any boat under the jurisdiction
of the city manager.
(2) Do not contribute to a disorderly or unsightly appearance during the process of repair or
maintenance.
(3) Are capable of accomplishment with hand tools or certain portable power tools normally carried
aboard the vessel.
(4) Are confined to the vessel
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Sec. 50-241. Refueling vessels.
(a) It shall be unlawful to refuel any vessel at other than approved marine service facilities or other
approved and permitted sites. For purposes of this section, such refueling facilities and sites shall be
approved and/or permitted by the city department of parks and recreation manager using rules and
standards promulgated by the
,
city manager.
(b) It shall be unlawful to refuel any vessel with a fuel having a flashpoint lower than 100 degrees
Fahrenheit (37.8 Celsius) from a mobile delivery vehicle or with a person aboard such vessel except
such of the vessel's crew as are necessary to perform the refueling operation.
(c) Tank barges and fuel supply boats are expressly prohibited within city -owned marina areas.
(d) For purposes of this section, "mobile fuel delivery vehicle" means a wheeled land vehicle used for
purposes of delivering motor fuel. The vehicle and appurtenant fuel delivery equipment shall be of a
type currently approved for such use by the Florida department of transportation (FDOT), and shall
comply with all regulations of the FDOT and the Florida department of agriculture and consumer
services.
(e) All mobile delivery vehicles utilizing city -owned marina facilities to deliver motor fuel ("fuel") as
defined in F.S. § 207.002, as amended, shall comply with the following requirements:
(1) Fuel delivery shall be limited to those liquids having flashpoints at or above 100 degrees
Fahrenheit (37.8 Celsius).
(2) Fuel delivery shall only be made by those individuals or business enterprises possessing a valid
city local business tax receipt.
(3) All fuels shall be dispensed in the presence of a city employee assigned by the director of the
" ' dockmaster, or designee thereof, during hours
specified by the dockmaster. The director dockmaster may require fuel delivery operators to notify the
dockmaster, or his designee, of the intent to utilize city -owned
facilities at least two hours before such use. The employee shall record the beginning and ending
pump reading for each mobile delivery vehicle making a delivery.
(4) The individual or enterprise making such deliveries shall pay to the city, as a user fee, the greater
of ten percent of gross sales, or a sum of $0.15 per gallon fee, as established by the city manager, on
each gallon dispensed at any approved location at a city -owned facility. The remittance shall be paid in -
in accordance with procedures established by the dockmaster upon the
conclusion of the daily delivery or deliveries, and shall be accounted for utilizing administrative
procedures as developed and implemented by the dockmaster
and the department of finance.
{5) '
naming the city as an insured, shall be tendered 4o the director of the department of parks and
(6) 0_1 All individuals or business enterprises utilizing mobile delivery vehicles to deliver fuel to vessels
pursuant to this section shall obtain and present to the director of the department of parks and
recreation dockmaster evidence of an insurance policy approved by the city's insurance coordinator ro-
en amount not Tess than-$4,000,000.00. The insurance policy shall consist of a contractor's liability
policy and a commercial owner's policy endorsed for such refueling, and naming the city as an
additional insured. Additionally, such policies shall protect the city from liability for bodily injury,
property damage, or environmental damage, including cleanup and restoration costs, resulting from
spillage or any other incident on city -owned land involving the delivery of fuel by such vehicles.
Sec. 50-242. Removal of vessels for cause.
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The city manager or his/her designee may cause the removal of any vessel from city marina property
when it is necessary in order to repair the dock, because of a previous reservation, or for any good or
reasonable cause; and should the owner or person in charge refuse to remove such a vessel, the city,
through the city manager or his/her designee, may assess reasonable charges for the cost of having
the vessel moved.
Sec. 50-243. Dockage in certain locations not permitted.
No more than three commercial vessels may berth at the South Quay Wall of the Miamarina, only one
of which may be operated primarily as a motor vessel.
Sec. 50-244. Illegal Activities Prohibited
Any illegal activity within city marinas shall be grounds for immediate prosecution under the provisions
of Florida law. It is the intent of the City to prosecute each violation to the fullest extent of the law. If
there is a reasonable cause for suspicion of an illegal activity occurring within any city marina, the
appropriate authorities will be called immediately. It is the policy of the City of Miami to not tolerate any
illegal drug use or_possession of illegal drugs within its iurisdiction or within any city marinas. Such
use or possession shall be immediately prosecuted to the fullest extent of all applicable laws.
DIVISION 2. NONCOMMERCIAL VESSELS
Sec. 50-271. Vacant berths or moorings--Re-license by city.
If any noncommercial vessel leaves its assigned space for more than 72 hours, the city reserves the
right to re -license this space while such space is known to be vacant. The owner vacating such space
shall give the dockmaster adequate advance information concerning the vessel's expected return so
that proper arrangements can be made to have his berth or mooring clear upon his return.
Sec. 50-272. Same —Assignment or subletting by licensees.
Assignment of dockage agreements or subletting sublicense ej of rental of boats, berths or moorings
by licensees at city marinas is prohibited. Licensees shall not grant free use of their berths or moorings
to other vessels during a period when their own vessel may be absent from the berth or mooring,
inasmuch as the city reserves the right to re -license their berth or mooring during such periods of
absence. The owner of a licensee vessel agrees to advise the city of any change of ownership, or of
rental, of a vessel while subject to a city dockage agreement, not later than 24 hours following such
change.
DIVISION 3. COMMERCIAL VESSELS
Sec. 50-301. Doek ge License agreements, assignment of berths.
(a) Dockage space in city marinas shall be rented for commercial vessel use only upon the execution
of a dockage license agreement between the city and the vessel owner. The dockage license
agreement form shall be available for inspection in advance by interested parties at the dockmaster's
office.
(b) Berths in city dock facilities shall be assigned as it appears best for the interests of the city, taking
into consideration the availability of berths, the size of the vessel, and the services to be rendered by
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the vessel. No changes in assignment shall be made except as approved by the city manager or his
designee.
Sec. 50-302. Sale, assignment or subl asc sublicense of berths.
No berth at a city marina may be sublet or sold, assigned or sub -licensed by any
licensee or otherwise transferred to another person.
Sec. 50-303. Tickets --Sales restricted.
Passage tickets sold on the city docks shall be sold only at city -established booths or the rail of the
boat.
Sec. 50-304. Same --Number of booths permitted.
A licensee under this division may not have more booths than he has vessels
operating.
Sec. 50-305. Same --Solicitation of passengers.
The solicitation of passengers on any dockage facilities of the city may be made only from established
booths. Solicitation of passengers may be made only by the owner, operator or representative of a
licensed craft from assigned booths in an ordinary conversational tone of voice, and solicitation may
not be made by the use of music or loud noises, either vocal, reproduced or amplified by mechanical
means. No animals may be used or exhibited in order to gather crowds, attract attention or advertise
any business or service offered to the public by lc:fces licensees or any other person at city marina
facilities.
Sec. 50-306. Same --Booth maintenance.
Booths operated by certificate holders licensees and all adjacent areas shall be kept clean and free of
all encumbrances, including display of marine life. It shall be the duty of the certificate holder to keep
the booth and adjacent areas swept and clean and free of such encumbrances.
* * *
Sec. 50-309. Termination of dockage agreement.
Failure to comply or abide with the provisions of the dockage agreement or the terms of this article
chapter shall result in termination and cancellation of the dockage agreement, as well as subjection to
penalties as provided in section 1-13 or Chapter 2, Article X of this Code.
Sec. 50-310. Sightseeing boat limitation.
No more than a total of eight sightseeing boats may hold a dockage agreement at the Miamarina basin
{excluding the outside wall) at any given time. Licensees of sightseeing boats holding such
agreements may in the sole discretion of the city, operate a replacement sightseeing boat from the
same slip at Miamarina provided that:
(1) Both sightseeing boats are not physically present, or operating at the same time, within the
Miamarina basin. Only one boat, either the primary sightseeing boat or the replacement sightseeing
boat, may operate from the Miamarina sightseeing boat slip in any one calendar day. The replacement
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boat may operate from the Miamarina sightseeing boat slip assigned to the primary sightseeing boat
after notice to Bayside and to the city only when the primary sightseeing boat is absent from its
assigned slip for documented repairs or inspections.
(2) The licensee of the sightseeing boat holding a dockage agreement at Miamarina also holds a
current license agreement for a replacement sightseeing boat at a city marina
facility and is paying the commercial boat dockage fee for that replacement vessel.
(3) All sightseeing boats meet the design and operational criteria established by the city manager or
designee for sightseeing boats operating from Miamarina.
(4)The licensee of the sightseeing boats has not had either his or her license
agreements for either boat revoked or canceled by the dockmaster for at least 12 months; that neither
license agreement is in default; and that all dockage fees due under the license agreements have
been fully paid and are otherwise current and not in arrears.
(5) Both boats must be owned (or leased and operated) by the same person or entity.
(6) The vessel that operates primarily as a motor vessel may not be substituted for a vessel that
operates primarily as a sailing vessel.
DIVISION 4. RATES, CHARGES, BILLING AND COLLECTION
Sec. 50-336. Dockage and mooring rates.
The dockage and mooring rates at all city marinas shall be established from time to time by the city
manager upon consideration of the following criteria:
(1) Current bond debt service requirements of no less than 150-percent coverage.
(2) Return on proposed or previously completed, nonbonded, capital improvement.
(3) Operating expenses.
(4) Management fees of any private management firm engaged in providing management services to
the marina.
(5) Reserve for improvements and major maintenance.
(6) Other city financial needs.
clearance.
Sec. 50-338. When dockage and mooring fees are due and payable; delinquency in payment.
Dockage and mooring fees at all city marinas are due and payable in advance. Monthly dockage and
mooring fees, based on a 30-day month, are due and payable in advance on the first day of each
month and shall be considered delinquent if not paid on or before the tenth of the month. A licensee
who is delinquent for a period of 20 days shall be considered to be in breach of and have defaulted on
his or her dockage license agreement, and shall have 30 days to pay in full all outstanding dockage _
and mooring payments and late fees owed to the city. If payment in full is not made after this period,
the city shall revoke his/her dockage license agreement and reassign the berth and, if the vescei
occupying the berth, to impound the vessel in accordance with the procedure for impounding veccels
as specified in sections 50 2 through 50 4 of this Codc.
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Sec. 50-339. Responsibility for damage to city property.
Owners or operators of vessels shall be required to reimburse the city for any damage or defacement
which they or their vessels may cause to city piers or other city property.
Sec. 50-340. Vessel checkout procedure.
Licensees checking out of the marina shall report to the dock office and pay their accounts prior to
leaving. Checkout time shall be 3:00 p.m. established by the dockmaster. Boats occupying a berth
after 3:00 p.m. checkout time shall be charged dockage for that night.
Sec. 50-341. Removal of vessels with delinquent charges prohibited.
It shall be unlawful for the owner, operator or person in charge of any vessel to remove such vessel
from city property without first making payment of all delinquent charges when such vessel has a
delinquency in its dockage account. The owner, operator or person in charge of such vessel shall be
responsible for compliance with this section.
Sec. 50-342. Lien for unpaid fees and noniudicial sale.
The City shall acquire a
maritime lien against the vessel, their appurtenances, and contents for all unpaid marina and docking
fees, late charges, or any damage caused to any dock, pier or any other property of the Facility. For
undocumented vessels, pursuant to Florida Statute 328.17,as amended, in the event of non-payment
of storage or any other charges within the prescribed period, the Facility is authorized to sell the
owner's vessel at a noniudicial sale.
ARTICLE VI. CITY MOORING FACILITIES
DIVISION 1. GENERALLY
Sec. 50-xxx. Purpose and Intent
The purpose of this article is to promote the public health, safety, and general welfare of the citizens of
the city and visiting boaters in city waters using our municipal mooring facilities. It is the intent of this
article to provide for the primary management and operational functions of these facilities through the
creation of rules, regulations, and procedures. These regulations are designed to provide for the safe
harbor and use of vessels within municipal mooring facilities: mitigate hazardous navigational
conditions created by unsafe vessel operations and anchoring practices: protect the rights of safe
navigation within city waters; and to protect and preserve the city's environmentally sensitive aquatic
resources.
Sec. 50-xxx. Authority to Regulate
The city shall possess all rights permitted by law to regulate the use and activities of municipal
mooring facilities and anchorages within the city, and the conduct of persons using such.
Sec. 50-xxx. Authority of the Harbormaster
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The Harbormaster is responsible for the safe, lawful, and efficient operations of municipal mooring
facilities within the city and shall be authorized to assign moorings. No vessel shall occupy any
mooring slip without the approval of the Harbormaster. Transfer of vessels from one mooring slip to
another without the_prior approval of the Harbormaster is prohibited. Vessel ownes desiring to transfer
to a different mooring than the one assigned shall obtain to prior authorization of the Harbormaster an
complete all required paperwork to be obtained in the Harbormaster's Office. For safety, security, or
other management considerations the Harbormaster may move or relocate any vessel from the
particular mooring space rented to any other mooring space in the sole discretion of the Harbormaster,
in addition to other penalties provided in this Code. Any violation of the provisions within this division
may void the license agreement for use of the mooring space and result in the ejection of the vessel
from the Facility, as well as the forfeiture of any part or all of the security deposit, if deemed
appropriate in the sole discretion of the Harbormaster. The decision or interpretation of these Rules &
Regulations shall be the responsibility of the Harbormaster. Appeals thereof may be made to the
Marinas Manager, the Director of Public Facilities, and ultimately the City Manager.
Sec. 50-xxx. Duties and Responsibilities of the Harbormaster
The duties and responsibilities of the Harbormaster, as carried out through the Harbormaster's Office
and staff, shall include, but not be limited to:
Enforcing the appropriate provisions of this chapter and any associated facility rules and regulations to
ensure the safe, lawful, and efficient operations of city mooring facilities and anchorage areas;
Providing administration for the daily operation, maintenance, and security of the facility;
Assigning mooring spaces to customers, maintaining customer records, supervising the collection of
mooring fees and related charges, as well as collection of delinquent accounts;
Supervises personnel encgaged in the daily operations of the facility, including inspection of customer
vessels, moorings & related equpment; maintenance and repairs to property and equipment;
operation of work and customer shuttle vessels; and other duties and responsibilities.
Provides overall assistance and information to the general public regarding the city's municipal
mooring fields and anchorage areas, i.e. weather and wind conditions, mooring fees, facility rules &
regulations, safe boating practices, etc.
Coordinates with authorities and regulatory agencies regarding fuel spills hazards to navigation, storm
cleanup, and declared emergencies.
Sec. 50-xxx. Public Mooring Fields and Anchorages
Public mooring fields and anchorages within the jurisdictional boundaries of the city may be
established or designated only by the City Manager.
Sec. 50-xxx. Enforcement
Under the direction of the City Manager, the Harbormaster is authorized and directed to enforce the
rules and regulations established for the safe operations of city mooring facilities and anchorages.
Sec. 50-xxx. Same --Assignment or subletting by licensees.
Assignment of dockage agreements or sublicense or rental of boats, berths or moorings by licensees
at city mooring facilities is prohibited. Licensees shall not grant free use of their berths or moorings to
other vessels during a period when their own vessel may be absent from the berth or mooring,
inasmuch as the city reserves the right to re -license their berth or mooring during such periods of
absence. The owner of a licensee vessel agrees to advise the city of any change of ownership, or of
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rental, of a vessel 'while subject to a city dockage agreement, not later than 24 hours following such
change.
Sec. 50-xxx. Non -licensee Vessels Prohibited From Entering Mooring Field
Entry into mooring field areas is prohibited, except by those vessels and their dinghies assigned by the
Harbormaster to a mooring, dinghies visiting those vessels assigned to moorings, facility staff or other
authorized work vessels, and enforcement vessels.
DIVISION 2. REGULATIONS
Sec. 50-xxx- Sec. 50-xxx. Reserved
Sec. 50-xxx. Facility Rules and Regulations; Purpose & Intent
The rules and regulations contained in this division are designed to safeguard boaters and their
vessels, and to create and promote the safe, lawful, and efficient operations of municipal mooring
facilities. The City Manager or his designee is authorized to create, modify, or remove such rules,
regulations, and policies as deemed necessary for this purpose. The rules and regulations contained
within the Dinner Key Mooring Facility Mooring Plan shall be adopted as the formal rules, regulations,
and policies of that facility, and shall serve as guidelines for future municipal mooring facilities within
the city.
Sec 50-xxx. Operational Vessels Only
Only vessels that are deemed to be in compliance with the United States Coast Guard regulations and
safety standards and Chapter 327, Florida Statutes, as amended, shall be allowed to moor within
municipal mooring fields. Only vessels in good operational condition, capable of maneuvering under
their own power and with current registration or documentation shall be allowed to moor in the Facility.
The determination of whether a vessel is considered to be in good operational condition, capable of
maneuvering under their own power shall be the sole discretion of the Harbormaster. Vessels without
integral or functional power for propulsion are not allowed in the Facility.
Sec. 50-xxx. Vessel Equipment Requirements
All vessels within municipal mooring fields should have a dinghy or other small craft as an alternate
means of conveyance to enable access to the dinghy dock and Harbormaster's Office. Absent this, the.
vessel owner shall communicate the absence of a dinghy to the Harbormaster. The lack of such a
dinghy shall not be cause to refuse rental of a mooring. It is the sole responsibility of vessel occupants
to provide their own conveyance to the upland facilities. Under no circumstances is the City
responsible for owning, operating, or maintaining a dinghy_ for the exclusive use of mooring patrons.
Sec. 50-xxx. Commercial Use of Moorings Prohibited
Commercial activities or vessels engaged in commercial activities are prohibited from mooring in
municipal mooring fields. However, this would not prohibit commercial vessels from using such
facilities. No advertising or soliciting shall be permitted on any vessel within any mooring facility,
except for "For Sale By Owner" signs not to exceed two (2) square feet in size. Each vessel shall be
limited to a maximum of two (2) such signs. Use of moorings for brokerage purposes is prohibited.
Sec. 50-xxx. Mooring of the Vessel
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All persons landing_ by vessel or dinghy must register at the Harbormaster's Office within twelve (12)
hours of landing. Vessels shall be moored in designated mooring areas only. The sole method of
mooring of vessels at each sip shall be by tying the vessels at the bow only - no vessel shall be
moored to the buoys at the stern. The use of anchors within the facility is prohibited - the use of
additional anchors to supplement the mooring provided is prohibited. Dinghies shall be kept on board
or alongside the vessel when not in use, and shall not impede or restrict access to fairways and
channels. Rafting or mooring of more than one vessel to any buoy shall be prohibited, without the
prior express approval of the Harbormaster.
Sec. 50-xxx. Illegal Activities Prohibited
Any illegal activity within municipal mooring Facilities and anchorage areas shall be grounds for
immediate prosecution under the provisions of Florida law. It is the intent of the City to prosecute each
violation to the fullest extent of the law. If there is a reasonable cause for suspicion of an illegal activity
occurring within any facility or anchorage area, the appropriate authorities will be called immediately. It
is the policy of the City of Miami to not tolerate any illegal drug use or possession of illegal drugs within
its jurisdiction or within any municipal mooring facilities or anchorage areas. Such use or possession
shall be immediately prosecuted to the fullest extent of all applicable laws.
Sec. 50-xxx. Waste Management; Marine Pollution
Discharge of human or pet waste overboard in City waters is prohibited. Upon entering any municipal
mooring field all vessels shall secure their sewage holding tanks, which are to be emptied into the
sewage pumpout facilities prior to mooring. Absolutely no pumping of any sewage into any area within
the Facility shall be permitted, except at the pumpout station or by a pumpout vessel. All vessels with
liveaboard occupants will be required to have their holding tanks pumped out not less than every three
(3) days without fail. Violation of this provision shall constitute immediate grounds for election from the
Facility and forfeiture of security deposit.
Sec. 50-xxx. Dinghy Dock at Dinner Key Mooring Field; Uses; Permits
The City shall provide a dinghy dock for the accommodation of dinghies (not vessels) of the Dinner
Key Mooring Facility customers at no charge on a first come, first served basis. Dinghies of
non -Facility vessels shall pay a landing fee and shall be issued a Use Permit by the Facility; which rate
shall be established by the City Manager or their designee. First priority for dinghy dock use and
dinghy landing shall be given to dinghies of Dinner Key Mooring Facility customers over all other
dinghies with regard to space availability. Proof of current license agreement is required at all times to
use the dinghy dock. Use of the dinghy dock is restricted to such reasonable limits on time as may be
established by the Harbormaster and no dinghy shall be left at the dinghy dock for more than twenty
four (24) continuous hours without the prior permission of the Harbormaster. The tying of dinghies by
Facility customers or other non -facility vessel owners to the docks, piers, and sea walls of Dinner Key
Marina is prohibited. Unattended dinghies found tied to city docks, piers, and sea walls shall be
considered abandoned and may be seized and impounded.
Sec. 50-xxx. Reserved
Sec. 50-xxx. Fueling Prohibited Within Mooring Field
Fueling of vessels within municipal mooring facilities is prohibited; vessel fueling is permitted at city
designated fueling stations.
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Sec. 50-xxx. Unsightly or Badly Deteriorated Vessels
No vessel of any kind which is of unsightly appearance, badly deteriorated, or unseaworthy condition,
which is likely to damage other vessels or city facilities, or which might become a menace or hazard to
navigation, shall be permitted to moor within municipal mooring fields.
Sec. 50-xxx. - Sec. 50-xxx. Reserved
Sec. 50-xxx. Responsibilities of Licensees; No Liability on Use of Mooring Facilitiespar par The City of
Miami assumes no responsibilit for th us o city provided moorings, dinghy dock, and upland amenities
atany city facility by vessel owners, operators, quests, or other personnel. The City and its personnel
assume absolutely no liability for personal possessions, any vessel, dinghy, or their contents or use
while said vessels are located within any municipal mooring facility, dinghy dock, or upland amenities.
Sec. 50-xxx. Safe Operation of Vessels
Reckless or negligent operation of any vessel, including any recreational vessel small craft, or dinghy,
when in the judgment of the Harbormaster said operation is an endangerment to life, property, or other
vessels, shall be grounds for immediate ejection from a municipal mooring facility or anchorage area.
Sec. 50-xxx. Use of Pumpout Vessel; Pumpout Facilities
Vessels moored at municipal mooring facilities are required to utilize City -provided pumpout facilities
or pumpout vessel. Those vessels utilizing a Type I or II Marine Sanitation Device as defined in 33
C.F.R. Part 195 are required to provide proof of the specified functionality of their system to the
Harbormaster or to seal their tank. Any use of their system must be in strict accordance with USCG
and state requirements. The Harbormaster may, in their discretion, mandate the placement of trace
dye tablets to be placed in the holding tank of any vessel moored within a Facility.
Sec. 50-xxx. Major Repairs Prohibited
Major repairs or refitting of vessels, including any activities which could result in a deposition of
materials into the water or within the mooring field, is strictly prohibited. Minor repairs and maintenance
work may only be conducted with the prior notification and approval of the Harbormaster. The
Harbormaster's Office shall be contacted in advance of any contemplated work to verify compliance.
Additionally only City staff shall undertake and accomplish any repairs to docks, piers, moorings, or
any other common area structures or appurtenances. Any unauthorized activity in violation of the
above may result in ejection from the Facility and forfeiture of security deposit.
Sec. 50-xxx. Discharge of Waste; Removal of Trash
Discharge of any solid or liquid waste (human or pet) into the waters within municipal mooring facilities
is prohibited. Violators are subject to immediate election from the facility, and notification by the
Harbormaster of said violation to the appropriate authorities, including the Florida Department of
Environmental Protection 1FDEP) for appropriate enforcement action. Litter must be deposited ashore
to Facility receptacles. Vessel owners shall contact the Facility regarding the proper disposal
procedures for waste oil, rags, bilge socks, absorbents, anti -freeze, used fuel, and batteries. The city's
marinas and mooring facilities do not accept Hazardous Waste or materials for disposal.
Sec. 50-xxx. Prohibited Activities
Prohibited activities at municipal mooring facilities shall include, but not be limited to, the following:
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Major repairs / refitting
Charcoal, wood, or open flame burners (cooking stoves to be UL approved)
Swimming or diving within the Mooring Facility unless performing vessel maintenance or repairs
Commercial activities;_ advertising or soliciting
Disorderly, rowdy, or boisterous conduct; excessive noise that impedes the quiet enjoyment of the
Facility by others
Hanging laundry from the vessel in public view
Sec. 50-xxx. Manatees and Protected Species; Feeding of Wildlife
Vessel owners and their guests shall acquaint themselves with the publications and warnings available
at the Harbormaster's Office regarding safe operation in waters frequented by manatees, and to abide
by all laws, ordinances, rules and regulations governing the operation of vessels and watercraft in the
presence of manatees. Harassment of protected species is illegal and will not be tolerated. It is
prohibited for any vessel owner or quest to feed or leave food for wildlife, particularly birds or
endangered species.
Sec. 50-xxx. Non -licensee Use of Moorings Prohibited
It is prohibited for any non -licensee vessel to anchor or tie to any mooring within any municipal
mooring facility without the prior authorization of the Harbormaster, except in demonstrated case of
emergency.
Sec. 50-xxx. Unauthorized Departure of Vessels
It shall be unlawful for the owner, operator, or person in charge of any vessel to remove such vessel
from city property without first makingpayment in full of all due and delinquent charges owed the city.
Sec. 50-xxx. Maritime Liens and noniudicial sale.
The City shall acquire a maritime lien against the vessel, their appurtenances, and contents for all
unpaid mooring fees, late charq_es, or any damage caused to any mooring or any other property of the
Facility. For undocumented vessels, pursuant to Florida Statute 328.17, in the event of non-payment of
storage or any other charges within the prescribed period, the Facility is authorized to sell the owner's
vessel at a noniudicial sale.
Sec. 50-xxx. Tying Alongside of Dinghies, Kayaks, Canoes
Dinghies and tenders shall be stored whenever possible on licensees' vessels, in order to maintain
safe navigational passage through mooring fields and anchorage areas. A licensee may store one
dinghy, kayak, or canoe under fourteen feet in length onboard or alongside the licensed vessel without
obtaining a separate license agreement. In all other cases, including but not limited to personal
watercraft a separate license agreement must be obtained for each vessel. Rafting of vessels other
than dinghies, as determined by the Harbormaster, is prohibited.
Sec. 50-xxx. No Motorized Vessels within Marked Limited Access Area at Dinner Key Mooring Facility;
Exceptions
All vessels equipped with internal combustion or electric motors in excess of 10 HP are prohibited from
entering the Dinner Key Limited Access Area.
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File Number. 08-00350
Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of 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:
JULIE O. BRU
CITY ATTORNEY
a+4kA'
Footnotes:
{1} 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 indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
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