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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00078 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE I, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/IN GENERAL," BY AMENDING SECTION 50-1, ENTITLED "DEFINITIONS", TO ADD NEW DEFINITIONS; FURTHER AMENDING ARTICLE II/DIVISION I, ENTITLED "OPERATION OF VESSELS/GENERALLY", AND BY ADDING SECTION 50-42, ENTITLED "RESTRICTED AREA", TO ESTABLISH A SLOW SPEED -MINIMUM WAKE RESTRICTED AREA IN THE WATERS OF THE MIAMI MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami City Commission desires to establish a Slow Speed -Minimum Wake boating restricted area, for public safety purposes, in the waters of the Marine Stadium as defined in Section 53-51 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, it is found that the waters of the Marine Stadium are used by several rowing clubs and others who use vessels under oars for training and competitions; and WHEREAS, it is found that the Marine Stadium is also used by recreational boaters in motorboats who have from time to time collided or nearly collided with vessels under oars or have caused the sinking or damage to vessels under oars due to the wake of the motorboat; and WHEREAS, the Slow Speed -Minimum Wake boating restricted area is necessary for the safety of the public, necessary to protect the safety of the vessels under oars and necessary to provide a safe boating environment for all users of the waters of the Marine Stadium; and WHEREAS, upon the adoption of this ordinance, the City of Miami ("City"), through its Department of Public Facilities, will initiate and complete the necessary undertakings, studies, and permitting requirements to establish such an 'Slow Speed -Minimum Wake' restricted area in the waters of the Marine Stadium; and WHEREAS, the necessary legal description and the attendant sketch of the legal description to establish the buoy line for the exclusion/safety zone are attached hereto as "Composite Exhibit A," incorporated hereby, and made a part hereof; 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. City of Miami Page 1 of 4 File Id: 14-00078 (Version: 1) Printed On: 2/27/2014 File Number: 14-00078 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. Holding tank means a receptacle on a vessel which is used to contain and store sewage. Slow Speed -Minimum Wake Operation Standard means that a Motorboat must operate at a speed that is no greater than the speed which allows a Motorboat to be fully off -plane and completely settled into the water. A Motorboat shall not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the circumstances. Marine Stadium prohibitive anchorage area means the area described in section 53-51. Marker means any channel mark or other aid to navigation, information or regulatory mark, isolated danger mark, safe water mark, special mark, inland waters obstruction mark, or mooring buoy in, on, or over the village controlled waters or the shores thereof. Mooring system means 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. Motorboat means the same as that provided to it in F.S. § 327.02 (23), as amended. Officer means any law enforcement officer as defined in F.S. § 943.10, as amended, or a code inspector as defined in section 2-813. Operate means the same as that provided to it in F.S. § 327.02 (27), as amended. Sightseeing boats means any boat engaged in transporting the public, for hire on the water, for sightseeing purposes. City of Miami Page 2 of 4 File Id: 14-00078 (Version: 1) Printed On: 2/27/2014 File Number. 14-00078 ARTICLE II. OPERATION OF VESSELS DIVISION 1. GENERALLY Sec. 50-42. Reserved. Marine Stadium Restricted Area. (a) The waters of the Marine Stadium, as described in Section 53-51 of this Code, are hereby declared to be a Slow Speed -Minimum Wake restricted area. The City shall place regulatory Markers in the restricted area pursuant to applicable Florida law. (b) Prohibited activities. It shall be unlawful for any individual to operate a Motorboat in violation of the Slow Speed -Minimum Wake Operation Standard. (c) Exemptions. The following acts shall be exempt from the regulations contained in this section: (1) A Motorboat operating under emergency conditions during an emergency; or (2) Operation of a Motorboat during a boat race, film productions for which a permit has been issued, or other public event that is authorized in writing by the City Manager or designee. (d) Penalties. (1) A violation of subsection (c) of this section may be enforced by issuance of a uniform boating citation by a duly authorized law enforcement officer pursuant to the procedures set forth in F.S. § 327.73. Section 3. The provisions of this ordinance will not be enforced until such time as all City, Miami -Dade County, State of Florida, and United States agency approvals have been received and the markers have been emplaced. Section 4. If any section, part of a 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} APPF OVED AS TO FORM AND CORRECTNESS: VI TORIA MENDEZ CITY ATTORNEY City of Miami Page 3 of 4 File Id: 14-00078 (Version: 1) Printed On: 2/27/2014 File Number: 14-00078 Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 4 of 4 File Id: 14-00078 (Version: 1) Printed On: 2/27/2014