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HomeMy WebLinkAboutLegislation V1City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00508 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND ADDING NEW PROVISIONS TO CHAPTER 38, ENTITLED "PARKS AND RECREATION," ARTICLE 11, ENTITLED "USE REGULATIONS," SECTION 38-60, ENTITLED "BOATING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE") AND TO CHAPTER 38, ARTICLE VI, ENTITLED 'VIRGINIA KEY BEACH PARK TRUST," OF THE CODE, TO ESTABLISH THE RULES AND REGULATIONS AND TO ESTABLISH AN EXCLUSION/SAFETY ZONE WHEREBY NO MOTORIZED BOATING, NO MOTORIZED VESSEL, AND NO OTHER MOTORIZED WATERCRAFT ACTIVITIES MAY TAKE PLACE IN AND AROUND CERTAIN AREAS OF THE WATERS OFF CITY -OWNED AREAS OF VIRGINIA KEY, ATLANTIC BEACH AREA, NORTHEAST OF BEAR CUT AS SET FORTH IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, AND DESIGNATING SUCH EXCLUSION/SAFETY ZONE AS A "NO WAKE ZONE;" MORE PARTICULARLY BY AMENDING AND ADDING: (1) TO ARTICLE II, NEW PROVISIONS TO EXISTING SECTION 38-60, AND (2) TO ARTICLE VI, NEW SECTIONS 38-243 THROUGH 38-247 OF SAID CODE; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, STATE OF FLORIDA, AND UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR SAID EXCLUSION/SAFETY ZONE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to establish rules and regulations and to establish an exclusion/safety zone whereby no motorized boating, no motorized vessel and no motorized watercraft activities may take place in and around certain areas of the waters off City -owned areas of Virginia Key on the Atlantic beach area, Northeast of Bear Cut as set forth in "Composite Exhibit A," defined below; and WHEREAS, the City of Miami ("City") through its Department of Parks and Recreation and the Virginia Key Beach Park Trust have initiated and are completing the necessary undertakings, studies, and permitting requirements to establish potential future swimming area(s), which include simultaneous applications to City, Miami -Dade County, State of Florida, and United States agencies in order to establish buoy lines for an exclusion/safety zone; and WHEREAS, in order for the City Manager to seek and earn permits to establish the necessary buoy lines for an exclusion/safety zone and a "no wake zone", the City, Miami -Dade County, State of Florida, and United States agencies require that the City first provide the necessary legal description and the attendant sketch of the legal description, and enactment of an ordinance for the proposed buoy lines for that particular exclusion/safety zone; and WHEREAS, the necessary legal description and the attendant sketch of the legal description to City of Miami Page 1 of 6 Printed On: 5/14/2008 File Number. 08-00508 establish the buoy line for the exclusion/safety zone are attached hereto as "Composite Exhibit A," incorporated hereby, and made a part hereof; and WHEREAS, this proposed ordinance provides that (a) the creation of the proposed buoy lines for an exclusion/safety zone will not become effective until such time as all City, Miami -Dade County, State of Florida, and United States agency approvals have been received, and (b) the City Manager shall return to the City Commission to amend this proposed ordinance to establish that specific date; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the preamble of this ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The bouy line for the exclusion/safety zone off the waters of City -owned Property of Virginia Key, Atlantic beach area, Northeast of Bear Cut is hereby established as set forth in the legal description and the attendant sketch of the legal description attached hereto as "Composite Exhibit A," incorporated hereby, and made a part hereof, and such exclusion/safety zone is designated a "no wake zone." Section 3. Section 38-60, entitled "Boating" of Article II of Chapter 38 of the Code of the City of Miami, as amended (the "Code"), entitled: "Use Regulations" is hereby amended in the following particulars to add new provisions:{1} "CHAPTER 38 PARKS AND RECREATION ARTICLE II. USE REGULATIONS * * * Sec. 38-60. Boating, Vessels and other Watercraft. fpj Boats may be launched only where ramps have been provided. Beaching, aAnchoring, mooring, or docking of boats on any City park's property shoreline, other than at established ramps, is prohibited. (b) Exclusion/Safety Zone and No Wake Zone for Virginia Key, Atlantic beach area and Historic Virginia Key Beach Park area Northeast of Bear Cut The bouy line for the exclusion/safety zone off the waters of City -owned Property of Virginia Key, Atlantic beach area and Historic Virginia Key Beach Park, Northeast of Bear Cut is hereby established as set forth in the legal description and the attendant sketch of the legal description attached hereto as "Composite Exhibit A", incorporated hereby, and made a part hereof, and such exclusion/safety zone is also designated a "no wake zone". Lgl Operation of vessels, boats, and other watercraft in marked swimming area, bathing areas, or exclusion/safety zone of Virginia Key Atlantic beach area Northeast of Bear Cut. No person shall operate any motorized vessel, motorized boat, or other motorized watercraft City of Miami Page 2 of 6 Printed On: 5/14/2008 File Number: 08-00508 within a swimming area, bathing area, or exclusion/safety area within the Virginia Key Atlantic beach area Northeast of Bear Cut which has been clearly marked by duly authorized buoys or other alternative permitted regulatory markers. Hand -propelled or foot -propelled vessels without motors and other hand -propelled or foot -propelled watercraft without motors, such as canoes, kavakssurf boards sail boards, kite boards, and wind -surfing boards, are permitted to be operated in a safe manner within such designated swimming area, bathing area or exclusion/safety zone within the Virginia Key Atlantic beach area Northeast of Bear Cut. Isn Speed of vessels, boats and other watercraft off Virginia Key Atlantic beach area Northeast of Bear Cut. (i) No person shall operate any vessel, boat or other watercraft off the waters of Virginia Kev Atlantic beach area Northeast of Bear Cut at a speed greater than five (5) miles per hour within one hundred (100) feet of any person in the water. (ii) No person operating a vessel, boat or other watercraft off any part of Virginia Key Atlantic beach area Northeast of Bear Cut shall engage in a race or contest of speed with another boat, vessel, or other watercraft at any time. (iii) The provisions of this section shall not apply to races or regattas when the City Commission has given permission for such races or regattas to be held. State law reference: Reckless or careless operation of vessels, F.S. 5 327.33. Careless operation of vessel, boat or other watercraft. Every person operating or navigating any vessel, boat or other watercraft in, on or under the waters off Virginia Kev Atlantic beach Northeast of Bear Cut shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulences current closeness to swimmers, bathers, water skiers and other boats, vessels and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel, boat or other watercraft in such a careful and prudent manner shall constitute careless boating and a violation of this section. State law references: Similar provisions, F.S. § 327.33; operating a vessel under the influence of drugs or alcohol, F.S. § 327.35 et seq. f. Operation or use of towed flying devices, towed sailing devices or towed parachutes near beaches. (i) It shall be unlawful for any person to tow or manipulate any person attached to any towed flying device, towed sailinq_device or towed parachute through or over an area within five hundred (500) feet either side of the water's edge of Virginia Key Atlantic beach area Northeast of Bear Cut below an altitude of five hundred (500) feet above the surface of the water. (ii) It shall be unlawful for any person to operate, engage in, be a passenger in or control any towed flying device, towed sailing device, or towed parachute carrying a person through or over an area within five hundred (500) feet each side of the water's edge of Virginia Key Atlantic beach area Northeast of Bear Cut below an altitude of five hundred (500) feet above the surface of the water. Section 4. Article VI of Chapter 38 of the Code entitled "Virginia Key Beach Park Trust" is hereby amended to add new Sections 38-243 through 38-247 in the following particulars:{1} City of Miami Page 3 of 6 Printed On: 5/14/2008 File Number: 08-00508 "CHAPTER 38 PARKS AND RECREATION ARTICLE VI. VIRGINIA KEY BEACH PARK TRUST Sec. 38-243. Operation of vessels, boats, and other watercraft in marked swimming area, bathing area, or exclusion/safety zone of Historic Virginia Kev Beach Park. (i) An exclusion/safety zone and "no wake zone" has been established for the designated waters of and off of Historic Virginia Key Beach Park pursuant to Section 38-60(b) of the Code. (ii) No person shall operate any motorized vessel, motorized boat, or other motorized watercraft within a swimming area, bathing area, or exclusion/safety zone area within the Historic Virginia Key Beach Park beach area which has been clearly marked by duly authorized buoys or other alternative permitted regulatory markers. 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, are permitted to be operated in a safe manner within such designated swimming area, bathing area or exclusion/safety zone within the Historic Virginia Kev Beach Park beach area. Sec. 38-244. Speed of vessels, boats, and other watercraft off Historic Virginia Kev Beach Park (a) No person shall operate any vessel, boat or other watercraft off the waters of Historic Virginia Key Beach Park at a speed greater than five (5) miles per hour within one hundred (100) feet of any person in the water. (b) No person operating a boat, vessel or other watercraft off any part of Historic Virginia Key Beach Park beach area shall engage in a race or contest of speed with another boat, vessel, or other watercraft at any time. (c) The provisions of this section shall not apply to races or regattas when the City Commission has given permission for such races or regattas to be held. State law reference: Reckless or careless operation of vessels, F.S. § 327.33. Sec. 38-245. Careless operation of vessel, boat or other watercraft. Every person operating or navigating any vessel, boat or other watercraft in, on or under the waters off Historic Virginia Key Beach Park shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, current, closeness to swimmers, bathers, water skiers and other boats, vessels and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel, boat or other watercraft in such a careful and prudent manner shall constitute careless boating and a violation of this section. State law references: Similar provisions, F.S. § 327.33; operating a vessel under the influence of drugs or alcohol, F.S. § 327.35 et seq. City of Miami Page 4 of 6 Printed On: 5/14/2008 File Number: 08-00508 Sec. 38-246. Operation or use of towed flying devices, towed sailing devices or towed parachutes near beaches. (a) It shall be unlawful for any person to tow or manipulate any person attached to any towed flying or towed sailing device or towed parachute through or over an area within five hundred (500) feet each side of the waters edge of the Historic Virginia Key Beach Park beach area below an altitude of five hundred (500) feet above the surface of the water. (b) It shall be unlawful for any person to operate, engage in, be a passenger in or control any towed flying device, towed sailing device, or towed parachute carrying a person through or over an area within five hundred (500) feet each side of the water's edge of the Historic Virginia Key Beach Park beach area below an altitude of five hundred (500) feet above the surface of the water. Sec. 38-247. Launching of motorized vessels, motorized boats and motorized other watercraft from Historic Virginia Key Beach Park property. It shall be unlawful for any person to launch any motorized vessel, motorized boat or other motorized watercraft into the waters of and off of Historic Virginia Key Beach Park, unless the launching takes place at a marina, or from a boat ramp provided by Historic Virginia Key Beach Park. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 6. 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. Section 7. 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, as amended, which provisions may be renumbered or reiterated and that the word "ordinance" may be charged to the "section," "article," or other appropriate word to accomplish such intention. Section 8. This ordinance shall become effective immediately upon the City's receiving the last of all required City, Miami -Dade County, State of Florida, and United States agencies' approvals and the City Manager shall return to the City Commission to set forth that final approval date into the public record for purposes of establishing the effective date of this ordinance. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: Ciry of Miami Page 5 of 6 Printed On: 5/14/2008 File Number: 08-00508 {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 indicate omitted and unchanged material. City of Miatni Page 6 of 6 Printed On: 5/14/2008