HomeMy WebLinkAboutO-13351City of Miami
Legislation
Ordinance: 13351
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01167 Final Action Date: 12/13/2012
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: 12/14/2017
File Number: 12-01167 Enactment Number: 13351
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 boat may
operate from the Miamarina sightseeing boat slip a.signed to the primary
sightseeing boat after notice to Baysidc and to the city only when the primary
sightseeing boat is absent from its a.signed slip for documented repairs or
inspections.
{2) The licensee of the sightseeing boat holding a dockage agreement at Miamarina
also holds a current licorice agreement for a replacement sightseeing boat at a
city marina facility and is paying the commercial boat dockage fee for that
replacement ve.sel.
{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 licence agreement is in default• and that all dockage
0 0
fees due under the license agreements have been fully paid and are otherwise
current and not in arrears.
{5) Both boast be owned (or leased and operated) by the same person or entity.
{6) The ve.sel that operates primarily as a ma t�essel may not be substituted for a
ve.sel that operates primarily as a sailing ve.sel.
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 the 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 of Miami Page 2 of 3 File Id: 12-01167 (Version: 1) Printed On: 12/14/2017
File Number: 12-01167 Enactment Number: 13351
*1I
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}
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: 12-01167 (Version: 1) Printed On: 12/14/2017