HomeMy WebLinkAboutO-13263City of Miami
Legislation
Ordinance: 13263
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00372 Final Action Date: 5/12/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 50/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND
WATERWAYS/OPERATION OF VESSELS," MORE PARTICULARLY BY ADDING A
NEW SECTION 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 OF MIAMI OWNED AREAS OF BISCAYNE BAY AND
DINNER KEY SPOIL ISLAND, AS SET FORTH IN "COMPOSITE EXHIBIT A,"
ATTACHED AND INCORPORATED, AND DESIGNATING SUCH
EXCLUSION/SAFETY ZONE AS A "VESSEL EXCLUSION ZONE"; AUTHORIZING
THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY
APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND
UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR
SAID EXCLUSION/SAFETY ZONE; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami City Commission wishes to establish rules and regulations establishing
an exclusion and safety zone where no motorized boating, no motorized vessel and no motorized
watercraft activities occur in and around the waters off City of Miami ("City") in Biscayne Bay near
Dinner Key Spoil Island as set forth in "Composite Exhibit A," defined below and attached and
incorporated; and
WHEREAS, the City will initiate and complete 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 to establish
buoy lines for an exclusion and safety zone; and
WHEREAS, in order for the City Manager to seek and obtain permits for the necessary buoy
lines for an exclusion and safety 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 and safety zone; and
WHEREAS, the necessary legal description and the attendant sketch of the legal description
to establish the buoy line for the exclusion/safety zone is 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;
City of Miami
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File Number: 11-00372 Enactment Number: 13263
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 buoy line for the exclusion/safety zone off the waters of City -owned property of
Biscayne Bay near Dinner Key Spoil Island is hereby established as set forth in the legal description
and the attendant sketch of the legal description attached and incorporated, as "Composite Exhibit
A," and such exclusion/safety zone is designated a "no wake zone."
Section 3. Chapter 50/Article II of the Code of the City of Miami, Florida, as amended, entitled
"Ships, Vessel, and Waterways/Operation of Vessels" is amended in the following particulars: {1}
"CHAPTER 50
SHIPS, VESSELS, AND WATERWAYS
ARTICLE II. OPERATION OF VESSELS
*
DIVISION 1. GENERALLY
Sec. 50-41. Operation of vessels, boats, and other watercraft in marked swimming area,
bathing area, or exclusion/safety zone of Dinner Key Spoil Island.
(a) An exclusion/safety zone has been established for the designated waters of and near
Dinner Key Spoil Island. The buoy line for the exclusion /safety zone off the waters of City of
Miami owned property near Dinner Key Spoil Island 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.
(b) 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
Dinner Key Spoil Island 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
City of Miami Page 2 of 3 File Id: 11-00372 (Version: 2) Printed On: 10/6/2017
File Number: 11-00372 Enactment Number: 13263
operated in a safe manner within such designated swimming area, bathing area or
exclusion/safety zone within the Dinner Key Spoil Island area.
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.
Section 5. 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 6. 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.
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
indicate omitted and unchanged material.
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