Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #11722 Date: 03/21/2022 Commission Meeting Date: 07/28/2022 Type: Ordinance Subject: Amend Code - Chapter 50 - Jimbo's Lagoon Requesting Department: Department of Parks and Recreation and Office of Capital Improvements Sponsored By: Ken Russell District Impacted: All PURPOSE OF ITEM: The purpose of this item is to amend Chapter 50-1 of the City Code, to add a definition of Lamar Lake (Jimbo's Lagoon) and to establish an idle speed/no wake zone with the addition of Section 50-4. BACKGROUND INFORMATION: The request for this amendment to the code is in support of the outcry from the public regarding safety concerns associated with powerboat and personal watercraft interactions with non -motorized watercraft such as kayaks and paddleboards at the intersection of their entry to and exit from the waters of Lamar Lake. Lamar Lake is a confined water body, with many areas that are shallow or inaccessible at low tide. These conditions could increase the likelihood of watercraft accidents, particularly if watercraft are operated at high speeds. On various occasion, Marine Patrol has observed unsafe powered watercraft operations/violations within Lamar Lake; the addition of the new kayak launch ramp has resulted in an increase of people with kayaks accessing the lake. As a result, the ongoing increase in public access to the area necessitates speed control of motorized boats to support public safety. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Item has NO budget impact Total Fiscal Impact: N/A City Commission City Manager's Office Office of Capital Improvements Office of Management and Budget Office of Management and Budget Reviewed B Nicole Ewan Barbara Hernandez Hector L Badia Donovan Dawson Marie Gouin Meeting Department Head Review Department Head Review Budget Analyst Review Budget Review Completed Completed Completed Completed Completed 04/14/2022 9:00 AM 04/14/2022 3:14 PM 05/09/2022 12:55 PM 05/25/2022 10:07 AM 05/25/2022 10:27 AM City of Miami File ID: 11722 (Revision: A) Printed On: 6/13/2025 City Manager's Office City Manager's Office Legislative Division Department of Resilience and Office of the City Attorney Office of the City Attorney City Commission Legislative Division Department of Resilience and Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Public Works George K. Wysong III Victoria Mendez Todd B. Hannon Valentin J Alvarez Public Works Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Assistant City Manager Review City Manager Review Legislative Division Review Joseph Murray ACA Review Approved Form and Correctness Meeting Legislative Division Review Joseph Murray Approved Form and Correctness Meeting Completed Completed Completed ACA Review Completed Completed Completed Completed ACA Review Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/25/2022 1:01 PM 05/25/2022 2:06 PM 05/25/2022 2:43 PM Completed 06/12/2022 10:25 AM 06/12/2022 1:57 PM 06/23/2022 9:00 AM 07/11/2022 4:17 PM Completed 07/18/2022 10:11 AM 07/28/2022 9:00 AM 08/05/2022 2:03 PM 08/05/2022 2:19 PM 08/05/2022 2:19 PM City of Miami File ID: 11722 (Revision: A) Printed On: 6/13/2025 City of Miami Legislation Ordinance Enactment Number:14077 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11722 Final Action Date: 7/28/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF VESSELS/GENERALLY", BY AMENDING SECTION 50- 1 TO ADD A DEFINITION FOR LAMAR LAKE AND CREATING SECTION 50-44, TITLED "LAMAR LAKE/JIMBO'S LAGOON IDLE SPEED/NO WAKE ZONE", TO ESTABLISH A VESSEL IDLE SPEED/NO WAKE ZONE ("ZONE") IN THE WATERS OF LAMAR LAKE, ALSO KNOWN AS JIMBO'S LAGOON; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS WITH AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES TO ESTABLISH THE PROPOSED ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami City Commission desires to establish a vessel idle speed/no wake zone ("Zone") for parts of the waters in Lamar Lake ("Lake"), also known as Jimbo's Lagoon, which is a confined embayment within Virginia Key; and WHEREAS, the Zone is intended to improve public health and safety by requiring a vessel to proceed at a speed no greater than what is required to maintain steerage way/headway; and WHEREAS, the City shall place regulatory markers in the Zone pursuant to applicable Florida law; and WHEREAS, upon the adoption of this Ordinance, the City of Miami ("City"), through its Department of Real Estate Management, will initiate and complete the necessary undertakings, studies, and permitting requirements to establish such a Zone in the Lake; and WHEREAS, the necessary coordinates to establish the buoy line for the Zone are included in Section 50-44(a) and the attendant sketch is attached hereto as "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. Section 2. Chapter 50 of the City Code, entitled "Ships, Vessels and Waterways" is amended in the following particulars:1 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 Miami File ID: 11722 (Revision: A) Printed On: 6/13/2025 "CHAPTER 50 SHIPS, VESSELS, AND WATERWAYS ARTICLE II. OPERATION OF VESSELS DIVISION 1. GENERALLY Sec .50-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Lamar Lake/Jimbo's Lagoon means the area located at approximately Latitude 25°44'50"N and Longitude 08°00'841"W, also described as Latitude 25.7471248 and Longitude -80.1448045 in Miami -Dade County Florida. Sec. 50-44. - Lamar Lake/Jimbo's Lagoon "Idle Speed/No Wake" Zone. (a) An "idle speed/no wake" zone ("Zone") is hereby established within Lamar Lake ("Lake"), also known as Jimbo's Lagoon, which is a confined embayment within Virginia Key. The Zone is established extending out 500 feet waterward in all directions from the public dock (coordinates Latitude 25.74739, Longitude -80.14564) and kayak launch structures (coordinates Latitude 25.74691, Longitude -80.14607) within the Lake. The Zone is intended to improve public health and safety by requiring a vessel to proceed at a speed no greater than what is required to maintain steerage way/headway. The City shall place regulatory markers in the Zone pursuant to applicable Florida law. (b) Prohibited activities. It shall be unlawful for any individual to operate a motorboat in violation of the idle speed, no wake operation standard. (c) Exemptions. The following acts shall be exempt from the regulations contained in this Section: (1) Emergency vessels, law enforcement vessels, motorized vessels, motorized boats, or other motorized watercraft used solely for the purpose of affecting an emergency response or rescue or for the purpose of ensuring compliance with federal, state or local laws are excluded from the operational prohibitions of this Section. (2) The provisions of this Section shall not apply to film productions that specifically request a waiver from the City Manager on their film permit applications provided that such film productions: a. Take adequate safety precautions; b. Specify in their waiver requests such precautions to be taken; and c. Indemnify the City and its officers, directors, and employees for such waiver. City of Miami File ID: 11722 (Revision: A) Printed On: 6/13/2025 (3) The provisions of this section shall not apply to a "special event" (as defined in Section 38-74 and Section 54-1) for which a special events permit is obtained from the Director of the Department of Parks and Recreation. (d) Penalties. A violation of subsection (b) 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. *11 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 appropriate regulatory 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 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 6/12/2022 ndez, City Attor ey 7/18/2022 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 File ID: 11722 (Revision: A) Printed On: 6/13/2025