HomeMy WebLinkAboutLegislation FR/SRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01167 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
50/ARTICLE V/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/CITY
MARINAS/COMMERCIAL VESSELS", MORE PARTICULARLY BY DELETING
SECTION 50-310, ENTITLED "SIGHTSEEING BOAT LIMITATION", AND
AMENDING SECTION 50-311, ENTITLED "STANDARDS FOR SIGHTSEEING
BOATS AT MIAMARINA", TO ALLOW FOR FLEXIBILITY TO PROPERLY
DETERMINE THE APPROPRIATE MIXTURE OF MARINA TENANTS BASED
UPON MARKET DEMAND; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Public Facilities ("Department") recommends deleting Section 50-
310 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Sightseeing boat
limitation"; and
WHEREAS, the .Department is recommending flexibility to properly determine the appropriate
mixture of marina tenants based upon market demand; and
WHEREAS, this amendment will remove a fixed number of allowable sightseeing boats to allow
the marketplace to determine the same.;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. Chapter 50/Article V/Division 3 of the City Code, as amended, entitled "Ships, Vessels,
and Waterways/City Marinas/Commercial Vessels", is amended in the following particulars:{1}
"CHAPTER 50
SHIPS, VESSELS, AND WATERWAY
ARTICLE V. CITY MARINAS
DIVISION 3. COMMERCIAL VESSELS
City of Miami Page 1 of 3 File Id: 12-01167 (Version: 1) Printed On: 11/2/2012
File Number: 12-01167
*
Sec. 50 310. Sightseeing boat limitation.
( Both sightseeing boats aro not physically present, or operating at tho samo time,
,.
sightseeing boat slip in any one calendar day. The replacement boat may
operate from tho Miamarina sightseeing boat slip assigned to the primary
sightseeing boatafternotice to Baysido and to the city only when the primary
inspections.
(2) The licensee of the sightseeing boat holding a dockage agreomont at Miamarina
replacement vessel.
(3) All sightseeing boats moot tho-cosign 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
12 months; that neither license agreomont is in default; and that all dockage
fees due under the license agreements have boon fully paid and are otherwise
current and not in arrears.
{5) Both boats must bo owned (or leased and operated) by the same person or entity.
vessel that operates primarily as a sailing vessel.
Sec. 50 311 50-310. Standards for sightseeing boats at Miamarina.
Notwithstanding anything in this article to the contrary, the city shall not issue a dockage
agreement to a sightseeing boat at Miamarina unless:
(-1) There is availability pursuant to tho sightseeing boat limitation set forth in section 50
310:and
(2) (1) The sightseeing boat meets the uniform design and operational criteria,
established from time to time by the city manager or his designee, and set forth
in the dockage agreement for sightseeing boats operating from Miamarina.
City al -Miami Page 2 of 3 File Id: I2-01167 Wersion: I) Printed On: 11/2/2012
File Number: 12-01167
Section 3. If any section, part of section, paragraph, clause, phrase of work of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. 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
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.
{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
City of Miami Page 3 of 3 File Id: 12-011.67 (Version: 1) Printed On: 11/2/2012