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HomeMy WebLinkAboutO-14077City of Miami Ordinance 14077 Legislation 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. SPONSOR(S): Commissioner Ken Russell 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. City of Miami Page 1 of 3 File ID: 11722 (Revision: A) Printed On: 6/13/2025 File ID: 11722 Enactment Number: 14077 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 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 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 Page 2 of 3 File ID: 11722 (Revision: A) Printed on: 6/13/2025 File ID: 11722 Enactment Number: 14077 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. (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 ttor ey 6/12/2022 ndez, ity 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 Page 3 of 3 File ID: 11722 (Revision: A) Printed on: 6/13/2025