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Home My WebLink AboutItem #104-A - Discussion ItemNOTICE TO THE PUBLIC BOATS, DOCKS, MOORINGS AND CONTROL OF CITY WATERS (Proposed new Regulations) All interested persons will take notice that a public hearing will be held before the Miami City Commission in its chambers at City Hall, Dinner Key, Miami,T'lorida beginning at 7 : 00 o'clock P.M. on. Thursday. July 22, 1976, to consider a proposed ordinance enacting a new Chapter 50 of the Miami. City Code entitled "BOATS, DOCKS, MOORINGS AND CONTROL OF CITY WATERS"; providing rules and regula- tions as to the use of city marinas; providing rules and regulations for the operation of commercial vessels; rules and regulations relating to the obstruction of channels, unlawful anchoring, mooring or docking, and the unlawful use of navigational aids; providing berthing information rules and regulations governing non-commercial vessels at city marinas and re -rental by city of vacant berths; providing for dockage fees at city marinas and rules and regulations as to the usc. of utilities; providing for rules and regula- tions as to the contamination of city waters. H. D. SOUTHERN CITY CLERK CITY OF I•MIA:•II , FLORIDA r iminwilmnsimmo.11•111111111 111E111111E1E111 IIIMME 11 1 . • ti`;"i r —Or=F1'=._ t . ;:��? •„'.J) :iC c)r_ )1e I•ic!rbi rs of the Ci t.y Co-n^iss ion. P. W. Andrews _,,City ianager DAY=_ FILE St-it's of new proposed I4arinas SU7,-Cr Or�ii;�ar.ce. P.EFERENCES: 1. Analysis and explanation of Enclosures 2 and 3. EiNCLO3UR%S: 2. Sheets 1 thru 4, Tlarinas 3. Sheet 5, IJarinas Revenues. At the time of passage of the proposed Chapte_' 50 on First Reading, the City Commission requested that the Administration accomplish a number of things prior to submission of the Crdinance for Second Reading. Briefly, those itens, and their status, are as follows: 1. Provide, at least one week prior to Second a complete accounting c)f iarinas costs and Enclosures 1, 2, and 3 hereto are provided to your request. 2. That; moneys collected fro,:, rental of docks be earmarked for the t`^aintenamce, op•:'r .tion and ir:`Drovenent of the City r:arinal:i . Proposed Chapter 50 does accomplish this through the provision of dollars to meet direct and indirect expenses, as well as establishmentof a "Reserve" account to provide for Capital expenditures for mo lerni. ation and improvement. City financial records will speciically earmark the "Reserve" funds for .:,arin use in t'ho:e areas. Reading, revenue, in response 3. That better rapport be established between the marina tenants and the administration includinz police, fire, etc. The administration has always r72de every effort to provide open and friendly channels of canlmuni cations between the marina tenants and the various echelons of City goverihr'.ent . The r:ar lCd tenants also f,_�,e been very coCpe Cativ, and essentially and out-F-oir `; ir. th. _'.r re] ationd ipu with City p::. _ :;oI!:: _!? . On.: hundl-c::i p_!r,2, :lt rapport difficult in lauu for d/ten nt s i tua.t .o :U s'.:.c'h ac t every e has always been r•,r, is by e:anyone to the r:ax'!:..., ra.ppci't . 4That a distinction Le I2de, ri--ardt", r7!ntal rate live--LtbC'a' tenants and non 1iv2-aUo';rci tenants. e 1 of 3 CITY COMMISSION MEETING OF JUN 91976 ORDINAnti NO. 1 RlAllIN�•,-,, ?M READING /rl ate.. At, 60 The proposed Chapter 50 does ancolish this distinction. 5 That fliami taxpayers should not Lc placed in a position Where they are in effect subsidiv.in:7, non-resident boat owners. A provision has been added to the proposed Chapter 50 which will add a 20 surcharge to the new proposed rates for tenants who are not either residents and/or taxpayers of the City of Niami. 6 That a distinction be made, regarding rental rates, between tenants who essentially have wet storage and those that have full access to all marina amenities and privileges. This has.been accomplished since "non live -aboard" and "wet storage" are the one and the same, and our proposed new dockage rates treat them both equally. 7. That a complete cost and revenue analysis be conducted by the City to include all marinas's cost and all marinas' revenue. We are convinced that we have thoroughly complied with this request and that, through use of our proposed formula, the new proposed rates do include all rarinas costs ani revenue. 8. That the City determine what repairs are now necessary and what the repair costs will be, and to effect these repairs as soon as poss-lb3e. We know what repairs are necessary and are willing to accomplish then as soon as funds can be identified, and at the earliest possible moment. 9. That the City institute i=ediate steps toward the installation of indivichtal electrical raters for each slip. We ha ve investigateU this nd are wi]lin and able to do it but it will te a very exuensive project fur the tenants, who would have to pay for the meter instaliatIon, and also lose the advantae of "bc117" rats which the City row enjoys. Since Fil.st additional has been dene en Chapter )0 arid Lieetiis h•Lve been 1-.1d City Adr.tnistrtio trf pel-sonnel as well as with ter1Lnt 2:epryserttives. fu; a result of stuff clious;7ions ari/nr C5ty Cu=issIn in!':.q. eyprossod durinu, th,! th rst.',of Chaptejr, as peunt]y wittn, cited for the Colissic):1's attention. rage 2 of 3 ==- Vf:,:'f:"-,Q;-tgk,',-;:?_tgcaegRgtqtt,;Wgl,.OMagiiVirit:VR_Zt'YZ,kng9V-'ag-g'_L*r_EtMYAV_L;,,,t,_;U, 4 1: As recar•ds tenants at UU:atson i i:arina, the Admini;;trst_ion has r!ade the d-2c ., . .. to recommend discontinuance of that i:ar:._ia o:� ._!,Jary 1, 1977, - and to merely leave the U=.sson Ts lanc1 dockage rates as they presently are until that tir;::.'. Chapter 50 has been written to reflect thjs decision. 2. Because the need is so re_dily apparent, the proposed Chapter 50 increases the decl:scse rates for the shrimping vessels and 2 charter vessels at Dinner Key by 505, and the sailboat concessions Ly approximately 100 . Generally speaking, however, it is planned to completely evaluate commercial vessel rates at City riarinas as a separate matter immediately after resolution of the non-commercial issue - and a proposal will be forthcoming soon from the Administration to the City Commission regarding commercial vessel rates. After presentation of all of the above information, in much greater detail, to the tenant repres_;ntatives at a meeting held on April 21, 1976, the roues'ntatives requested that the Administration provide tra;'i:. sit e(:._ .:lditional data. This data was forwarded to them on April 23rd a:i i the Administration is now awaiting their decision F c, rei"?_'.T t: e necessity of another meeting betwee r thee: and the :.:1sinistrst on. If. they feel no further meetings would be prs :,t.iv, , then the issue will be placed on the first possible ai:e_nda -"or Fecond Iicadin . MIK ri ri I i i I I I i I i i i it ANALYSIS AND EXPLANATION OF ENCLOSURES 2 AND 3 ATTAC RE.) HERETO To obtain a true picture of the relationship between the "Total Operating Revenue" and "Total E tip en diture3" chow cr. the followini7 sheets, there are some preliminary calculations which must be accomplished. an s made � t- of i' t ' c removed from "Total Expenditures". Contributions .�,a�. fro:.. marina revenues to �t�_�-• �ucap��r� other entities t�ll:�� . r'�w '• : S .t 1 " " i�iarinc S adiu�', {.; r,.. — _ ...", I: Zi...., r e identified -� r i�-i L r r t+) I I I i -� r, if: c.... � :� i. � �.: _._ and . l' :....., .-. ,_1 .i These ) are .1^ �" F, C..N H_♦•i�'DOl�L11� G Q+t.LVO � ::.;cs� the y,;e,.. on ..,.;e , ,_ :I / Expenditures" I c• c / Sheet � ri L' _ ♦ .i ,� , • rless " � � is . 3enera' Fund". . (E xa; ,p1a : ''Tota1 Expenditure_ for 1571+-, 5 , from Sheet r , les , .j99,936., ^':a :,•31,O5J. for 1974-75, from Sheet ?:; = :'`',38,3o2. actual Total (1Expc:-e-Iltir •�_ cmpal'_c1c:: of th_:i a c ' = for L574-75, shown on Sheet J#5, ($667,34C.�1), . makes I appear fi��,re to the "Total Operating Revenue figure lc. _ ^ :c::- that `y profited by $178,984.51 from marinadock rental in 1974-75. This is r.ot tree, however, for the that i.r the City 4 reasons: r^: Ir. _ '1.- t: r� :I f :Meet '!5 for 1. 1i1'-� ^6\•, I ;6 51) c.7:.t •ns .�.. '�.l�l t�'u from (1) ..:_ :;�;,,.,.� � ;,,�r•-I�_..I;�, i=;c�c_nuc .�.�.,rc :�i;c,:.r c:: . ..c�c�. r,., ,� 5 (•,� •� � h � • leased facilities llocated at (or near) marinas (:such as i•',ia::.�?'ir.a Restaurant), nci These cu_�• be remove,', from the "Total 0peratirg Revenue' figure because they do not relate to the rental of dockage s•:ac.. Th is total revenue from leased facilities in 1974-75 was $10r,336.01. (2) It must be remembered that the '•Lxpendit,Ir es" shown represent only direct costs, and that indirect (or costs of providing fire protection, police protection, sanitation support, etc.), are ro.. include.:. :.ere is no Reserve factor included in the "Expenditure" figures, for major maintenance, mcdernisatiar,. cr expansion ofthe marinas. b. If the factors cited in a(1), (2) , and (3) are taken into consideration (as they are in cur proposed Chapter 50 rate structure) , it would be seen that the City broke even in 1969-70, but has actually been losing money on its narina operations in the other five years shown. 111 lilt' Ii I�IIIl II'I Iiii� I liI Ir 1111 1 1111liii!I L:FS `:AL S-RV I CES SALARIES, C:,`: T FACT FCRS CC:.7=ACTUAL S: V 1 GCS -DV=;7=51':G & PU3LISHJNG AP O17Y O;.-; :C :-1:.71:::, - OUTSIDE_ - -C'.,' •'T c. SUPPLIES UM 111 MI S:X YE..R mi.n.UUsoN EXPE':D ITURES YACHT D C - n D�� t t: I cTRAT l VF ... r•►v Mr....t t Y C?I:RhT ING BUDGET ilk �III� �IV�11,I l�Illl UIII IIIIIIIIIiIhi ICI IVIffiIIii �rlli��u IIlli' 1969-70 1970-71 1971-72 1972-73 1973-74 197445, d3,546 �J�,3Ya 2e,,130 33,593 33,230 t5,423. 106 172 201 130 175 300 5,578 14,172 15,264 16,053 17,234 20, 3�4 322 614 750 754 C31 2, n.1.4 936 1,029 1,140 1,803 1,50-0 1,723 2, 7•/7 4,417 4,135 4., 073 5,55 3, 2r6 801 331 545 675 461 `053 15 1 rr5 CO - ., 43 47 513 u21 23 O ?:C : AL SEFV I CE5 - MISCELLANEOUS 2? 29 r :. CELLA.;COUS 99 113 133 126 240 t83 7RAVCLL I t:G 157 Cc'"'o :TIES PU3L I CATI ONS a :tC:;OERSH 1Ps 91 81 163 132 134 45 ;,r E 1 cPL I ES 280 295 386 575 474 495 148 225 254 317 145 200 FIZEO •U':DFY CA- GES ., -.. 1 3::T I G�::, - 1::3U57R I AL Co.rrl ssl oy 77 20 75 32 54 56 WO :..,':7RI5UT IO`,s - SOCIAL SECURITY 6,681 3,914 9,692 11,6.2 13,671 16,484 .7...F,::7I:.: - C-ouP- 1':SURANCC 2,028 2,800 6,441 6,214 6,660 6,660 57,::-....,;171cs - .'ETIREt4ENT SYSTEM 10,450 13,780 19,924 20,000 20,600 3,0E0 :IsEC7DT-% SINCE 27,165 :1AR I E A.D I U:4 U• ,554 .- r 05,538 U%:LASS I , I ED 27 27 1 237 23 . cwsu;.oE GENE- ;L FUND 98,950 185,000 185,000 153,846 93,C00 " 31,054 E-.;IPMENT (C: r IcE) 353 -;.' I P ENT - MISCELLANEOUS 143 153,277 260,552 272,243 251,431 200,772 314,116 t� ' ��{IIIIIIiui�ifIVIlllaiuiilli�dYiiid�II�IVIiII�i�I�I9�� IY YI IiIbI III I11II1tlIII61IJ llldallllllll Iililfl4ihilillliliiSlliVYI�I�Y 11VIIIlYIdYI IIlill6l 11 d Ili Id li it lu u:ul� • S)/ izzT'�a- CES SALA: tcs, CCNTR;CT ?CRS 51,777 OS,00% 79,490 90,017 SIX YE:.3 CO:' IRISO: EX?ED ITUSES I•: I Mi;M. I IDA df & » jiffy 4Wt4 � 1969-70 1970-71 1971-72 1572-73 CN%1 r'.: c 1 JAL S:by ICES TELEPHONE (643) • (1,319) (3,137) LIT E. ? CWCR 2,850 7,964 11,164 17,466 'A53 2,336 4,307 5, '153 ::A1NT:NA::Ci: i;:';51oN 2,603 9,322 10,623 16,263 - E‘:JIPXENT SU7PLIE5 50 68 166 S;::;vies - t i3cEttt.;a>:ous 2,353 1,430 35 63 :D:IIE ::;;TT,:I Es 63 123 ;,LCA7:I r.O SU2.)L; ES 179 1,483 914 971 CL c-:, ': G 292 343 274 CO;:L7SJCTIC'; ;/•;T IALs - BUILDING 96 430 1,004 545 _: nC .,.,::-: a ,'. ; TAC:;tCNTS 743 :,-0 r c,:L a S;; :c I CAL Su?PLIES 9 7 23 0 .:_PAIR ?ARTS RTS 57 21 92 1'� SPZC .AL SUP L I EG 77 210 50 • 00 E;:PE,;Dr3LC TOOLS & SHOP SU??LJES 37 34 134 14 T I ,Ls T U3Es 20 31 19 i x:D Sv•::.:.Y i• ✓;; S A !. c : c,t ES - !! I SCELLANEGUS riU OHO:; ; VZ - RCPLr,CC:1ENT 4,736 783 346 1,300 1,300 1,137 1,139 824 875 74,431 113,326 1 072-7" -ir 99, i 4 1 974-75 123,530 2 -•; t � �'._; 47 f 5• 8 61 1 «' ▪ `:• 55 231 ,? 1: 3` 147 11'1 20 1,133 1,676 515 62 542 :`. 3 13 35 30J 4`1 c.3 5S 123 174 4 2 2 1i4S9 346 246 JAc 5,013 3 ', 03 1,300 1,303 1J30'3 (1 ) 73 C's -0J 1,037 1,027 143 mac.. 108,860 132,013 1431975 ►E17,, 724 4trli I/lat.- I PERGONAL :ERVICE3 SALARIE: & CZ:NTRACT PERS CO%TRACTZ::.. SZ--NICES LIG-IT IAINTE%A%C: 7J:VIGION SPLCIAL SERV:GEL - V,ISCELLANEOUS CG!-I'.10DITIEL AO SULICS PEAL : RV10ES SALARIEIJ ?GWER A17:71:CE 11:VISION REPAIRS - EZUIPET 1, SUPPLIES SPECIAL SERVICES - 'MISCELLANEOUS SIX IL4A EXPENDITURZS WATSON ISLAND OPERATING BUDGET 100=70 1970-71 1971-72 1972-73 6,259 $1 1 227 30 23 54 7,404 SIX YEAR CCIIPARISON EXPENDITURES DINNER KEY OPERATING BUDGET 19G9-70 1970-71 1971-72 1972-73 80,942 86,922 88,366 11,939 12,788 14,634 2,533 1,986 2,553 4,714 7,275 6,520 127 139 129 1,206 95 1,053 1973-74. S6,133 103,421 130,049 197'4-75 17,039 21,95Z; . 3,054 3,23a 5,01 9,072 111275 12,407 .1.-.s.2 o- 1,704 27a 4,674 \11 3ATTER:ES CL.I t:G SUPPLIES I.LOTHI\G CONSTRUCTION i•::+TERIALS — 3UILD1NG FIRE ;iGSE ;'.EJ i CAL SU O 1 CAL SUPPLI CS T, E P A I f\ SPECIAL SU??LI1_S �..:? To7L Su:,?LIES '1u3ES ti.`_ �. I7•:1J";::CE L i,;C i L J TY .1 ENZATI ONI II i s C. `cj T. S Ir •Y JiI J L:� J \I.: VfI i.l l,LJ EC'u i ?J•,E:JT SEVERANCE PAY, VVE;;TI:'C, VACATION, ETC. (ILL SCC T I C`:S OF YACHT DOCKS)- TOTAL ;Ex2E:.Dj T.URC$ — YACHT ROCKS S!X YEA° CO• F RISOtl EX?E!.D t T URES :NNER !BEY OPERATING 3UDGET 1969-70 1970-71 1971-72 1972-73 1973-74 1974-75 165 220 103 114 273 953 992 967 ,,.,11,293 1,527 553 547 361 787 E1?_ °20 2,106 2,993 4,958 4,716 2,733 4,9T7 214 73 140 15 7 5 24 12 47 27 137 . GO 99 25 75 45 73 24 314 212 156 164 194 263 525 44 13 109 12 11Q 09 300 396 107 1 04:3 85 57 162 99 105 24 12 50 50 50 50 50 (1) (5) 2 33 _2, G57 ?_�36s ?_j o?s 465 72',2 ?_yc7�a 103,820 117,524 122,720 134,760 156,,1 SS 201,761 9,527 2,654 7,,51a 230402 336, 528 498,806 513,350 520,858 573,44S 7270093 °t•, I A V.A :: I.N A DOCKAC.0 UTILII1ES C:riT or ;vC':::NCE COt-t:S Lr.U^.:21ZS F7:10.; YEAr.: ?ESTAL:1A%—i Z I CKET i.JG '„ISCELLANECAIZ LT LV LS 1.N..Zx FR , o. YEA.:. ZNUE. } ;ISCZLLA?ECUS DcC<:;:,: ,.:nLt.1?E u]t_ J'i :L:TtLf. IIP .. i )1.:.;.Lf';.r.:JS OTHERS FRCI `. :,Lh?:Oc COti T R I :.UTI C; F,i C z AL F:UVD v • rWAR I SOuOF REVENUES SIX E„ ��;., REVENUES ► YACF.T DOCKS 1969-70/1974-75 1969-70. 1970-71 1971-72 22,177.06 82,407.47 140, 836.21 666.50 2,879.75 3,989.50 175.00 225.00 175.00 337.48 1,853.14 (66.11) 75,0 ,0C bs000.00 1,146.7E 2,500.00 859.16 1 017.44 23,018.56 162,855.62 225,335.18 251,120.49 248, 233. 3= 245, 447. 70 9,023.66 8, E2_5.3; 9,774.99 442.25 25.00 25.0'.' 8.00 26.0C 900.99 436.6'- 456.45 261, 087.14 257, 648.32 257,121. 39 299.00 7,100.9u 13, 099. 80 1,145. 8: 5,994.20 25.0': 299.00 8,271.79 19,094.00 284, 404.70 428, 7 !3.74 501, 550.57 19, 000.00 33,200.00 70,000.r. :J 11,675.00 336, 604.70 496, 773.74 513, 225.57 1972-73 1973-74 19 74f-75 250, 509. 30 24, C91: 90 243,153.25 7,764.00 £, 851.25 125 . CO E, CC9. C. 50. 00 250. C'3 3,410.60 3,G:•1.45 3,72'0.• 4.50 (632. 93) EEO. G� 75, 000. 00 63, 750. C0 75, 003. C 3,175.00 2, 00 3. ;,:� 2,150. C 1710.65 2,1r? 27 6.110.2 341, 624. 03 33•i, .: , i . �',4 333, 453. 00 261, 452. E.5 263, G:,0. 04 2 r?,797. 7 8,52 ►.23 11,363.63 10,814.07 25.00 9,132.25 303.14 (10.00) 1,552.22 275.71 125.1C 271,857.44 279,691.15 292,830.1 17, 070. 30 17,18 70 6,955.79 14,733.15 14,650.E3 24,029.09 31,947.83 637, 510.6 1 645,C21.00 6E.7, 3�... E7u"3.00 59,7EL.L 4: cc-... 637, 510.61 654, 729.00 776, t C2.51 c�ccm `" C t 0 po box 381 coconut grove florddo 33133 February 24, 1976 Mr. Paul W. Andrews, City Manager Office of City Manager City Hall Dinner Key Miami, Florida 33133 Dear Mr. Andrews; At a recent Board meeting of the Coconut Grove Civic Club, several members of our organization were present to discuss a question pending before the City. They are live aboard residents of the Dinner Key Marina. They expressed their concern regarding the proposed rental increase to be considered before the Commission on thc' 26t.h. of February. uary. The Board felt that a rental increase by the City certainly is justified at this time. The Civic Club does support the Marina Tenants Assoc. insofar as that the rate increase should be scaled so as to pressure and foster the neighborhood character of the marina, and that any increase in rental rates should be conditioned upon an explicit prior commitment by the City to construct the Marina improvements as delineated in the Dinner Key Master Plan for the betterment of the Marina tenants and Coconut Grove Community. We respectfully request your sensitive consideration of this question. Sincerely yours, Hen . Alexander, J r . RFC/rb 6/2/76 ORDINANCE NO, AN ORDINANCE REPEALING CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "SHIPPING {VESSELS AND DOCKS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 50 ENTITLED "BOATS, DOCKS, MOORINGS, AND CONTROL OF CITY WATERS"; PROVIDING RULES AND REGULATIONS AS TO THE USE OF CITY MARINAS; PROVID- ING RULES AND REGULATIONS FOR THE OPERATION OF COMMERCIAL VESSELS; PROVIDING RULES AND REGULATIONS RELATING TO THE OBSTRUCTION OF CHANNELS, UNLAWFUL ANCHORING, MOORING OR DOCKING, AND THE UNLAWFUL USE OF NAVIGATICNAL AIDS; PROVIDING BERTIING INFORMATION RULES AND REGULATIONS GOVERNING ALL VESSELS AT CITY MARINAS; PROVIDING BERTHING INFORMATION RULES AND REGULATIONS GOVERNING NONCOMMERCIAL VESSELS AT CITY MARINAS AND RE -RENTAL BY CITY OF VACANT BERTHS; PROVIDING FOR DOCKAGE FEES AT CITY MARINAS AND RULES AND REGULATIONS AS TO THE USE OF UTILITIES; PROVID- ING FOR RULES AND REGULATIONS AS TO TIIE CONTAMINATION OF CITY WATERS; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVIDING A SEVERABILITY PROVISION. ' WHEREAS, a review of Chapter 50 of the Code of the City of Miami, Florida, which Chapter provides for the operation of City of Miami Marinas and control of City of Miami waters, has been undertaken; and WHEREAS, it is in the best interest of the citizens of the City of Miami and the persons using the City of Miami Marina facilities, that said Chapter 50, as it exists, be repealed; and and WHEREAS, a new Chapter 50 has been draft ne ared; "DOCUMENTd�� ,• ;J 11% ITEM NO. __j= WHEREAS, it is the desire of the City of Miami City r7 Commission to implement the provisions contained within the new Chapter 50; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 50 of the Code of the City of Miami, Florida, entitled "Shipping Vessels and Docks" is hereby repealed in its eitireLv i.:rd a new Chapter 50, entitled "Boats, Docks, Moorings, and "ont:rol of City Waters", is herel:y enacted to provide as follows: 1 ARTICLE: I. WNFP .L, PEOULAT1ONS GOVERNING ALL BOATS Section. 50-1, JJ' fkir ior:s. Por the purposeor tlri:, Chte'it car, t'r,, following wards and phrases shall have the meanings respectively aScri1 cad to them by this section: Applicant: Every person who shall make application to the City of Miami for a Certificate of Public' Convenience and Necessity and license as is described in this Article. Boat: Every description of :iat:ercraft, barges and airboats, including a seaplane on the water, used or capable of Y:eing used as a means of tr. nsportation on water. Booth: That structure utilized for the purpose of selling tickets, displaying signs and various advertising literature. CP1 (Consumer Pr i f e Index).: Ar, index number expressing the level of. , group of commodity prices relat:i.ve to the Level of the prices of the s irre comrnoa. ies during an ari.itrarily chosen lase period and used to irdi.cate charges in the level of prices of one period to another. Certificate: A Certificate of Public convenience and Necessity issued by the City of Miami to conduct an excursion, sightseeing, drift fishing, charter boat, head boat, or other watercraft, providing services to the pbli.c for compensation. Certificate holder: I. person to whom a Certificate of . Public Convenience and Necessity has been issued by the City of Miami as provided for in t!: i_s Article. Charter Fishing Boat: Any vessel oner.ated from the City of Miami dockage facilities for the purpose of charter or rental to private or make-up parties at half -day or full -day rates to fish by trolling, with or without outrigger gear, in or near the Gulf Stream, including Biscayne Bay. A boat shall -2- 1111ImpunimmulowNii not be classified as a charter boat, or occupy space at a City Marina as such, unless it is engaged in good faith in the business of charter rental. Charter Party: T+.:iy number of persons not exceeding six, who charter the same boat: a'. the Fame time for fishing purposes. Commercial Vessel: Any vessel operating under a Certificate of Public Convenience and NecesFity. Contaminant: Any substance which is harmful to plant, animal or human life. Director: The Director of the Department of Public Facilities. Dock: The waterway extending between two piers for the reception of ships; also a wharf or platform for the loading or unloading of materials. Dockmaster: That person, assigned under the Marinas Division of the Department of Public Facilities, who shall super- vise the daily operations of the particular marina to which he is assigned. Drift Fishi nq Boat: A poet with facilities for fishing for more than six persons si,mult.,neously, not engaged in sport fishing but in drift fishing, f is liinq over ro fs, or bottom fish- ing, and eharginq a daily rate per person. Said term, when used in thi F chapter, shall ► e :7;,onymuwus with tho term "head boat". Fishing Vessel: Any vessel engaged in fishing whereby the primary purpose of the fishing is not for sport or fun, but is to catch volumes of fish, shrimp, or other sea life, to be sold for profit, either by the owner, operator or other person. Full Day: A period of ti're which shall not he less than eight hours. Said time s'r.:j 11 be computed from the time a boat departs from a dock until it arrives hack at the same dock. Whercvcr -3- 1 Use_4 in this chapter the tot'rf1 "Full day" shall he synonymous with "a11 day". Half. Day: A period cal time which shall not he less than four hours. Said time shall be computed from the time a boat leaves a dock until it arrives bade ar the si mre dock. License: Refers to a City of Miami_ occupational license. Marinas Manager: That person, assigned to the Department of Public Facilities, who shall be the Division Head supervising the operations of all City Marinas. Mooring: 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 hoard such vessel as regular equipment when the vessel is underway. Mooring or Anchoring Area: Any portion of the Dinner Key Yacht Basin or other City controlled waters which has been legally designated for such purpose. Operator: Every person who shall own, physically operate, navigate or control any vessel. Person: Any natural person, individual, public or private corporation, firm, association, joint venture, partnership, govern- mental agency, or any entity whatsoever. Pier:' Any structure built out into the water with piles, for use as a landing place for vessels. Pollution: The presence in the waters of the City of Miami of any one or more substances or contaminants which are harmful or injurious to human health or welfare, animal or plant life, or property. Private vessel: Any vessel used for pleasure by the owner or others, where no charge is made for fishing or riding upon or within such vessel. t 1 Seniority: The position of one commercial vessel opera- tor, relative to other commercial operat:ors, as determined by the length of time that his c'ert. l t` i cdtr_ of Convenience and Necessity has been in continuous farce and effect. Shoreline: That line: of the tide at any given time. Sightseeing Boats: Any boat engaged in transporting the public, for hire on the ait:r.r., for sightseeing purposes. Wastes: Sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any waters of this City, upon deposit therein. Waters: Includes, but shall not be limited to, all navigable and non -navigable '•'aterways, rivers, lakes, streams, springs, impoundments, and al]. other waters or bodies of water, including fresh, hracish, saline, tidal surface or underground water. it does not include the Florida Intracoastal Waterway other water controlled by State or Federal Agencies. Section 50-2. ABANDONING VESSELS PROHTIBITED: It shall be unlawful for the owner or operator of any vessel within the City of Miami to abandon such vessel in the public waterways, beaches or City Yacht Basins as defined in Section 50-41.2 hereof. Section 50-3 USE OF NETS PROHIBITED: It shall ee unlawful for the owner or operator of any vessel to use fishing nets or stet_ traps within the limits of any established channel, or within the protected area of any Yacht Basin as set forty: in Secticn 50-41 hereof. Sect;an 50-4 USE OF CERTAIN MACHINERY ON VESSELS It shall bo unlawful for any person aboardany vessel in the City of Miami to operate any on -board equipment in a manner which causes any noise which unreasonably disturbs, injury;: or -5- 1 or ehdahqers the comfort, repose, health, peace or safety of othpt8 within the limits of the City of Miarni.. Section 50-5. CITY MARINAS - SOLICITING PROHIBITED: It shall be unlawful to solicit for any purpose upon the marinas property of the City of Miami except as may be authorized by State law. Section 50-6. SAME - ACCESS TO PIERS RESTRICTED: It shall be unlawful, for any person, except in the case of emergency or except for marina employees, tenants and their bona fide guests, to gain access to City -owned noncommer- cial piers within the City. Section 50-7. SAME - SWIMMING, DIVING OR FISHHING PROHIBITED: It shall be unlawful for any person to swim, dive or fish in the waters of Dinner Key Yacht Basin, Miamarina or Watson Island Marina. Section 50-8. SAME - MOTORIZED VEHICLES ILLEGAL ON PIERS: It shall be unlawful to ride, drive, store, or other- wise permit any motorized vehicle other than a City vehicle on the City pier, except in the case of an emergency. Section 50-9. SAME - RESTRICTIONS ON REFUELING VESSELS AT CITY MARINAS: (a) It shall he unlawful to fuel or refuel any vessel at any City Marina. Fueling shall he permitted only at approved marine service stations. (b) It shall he unlawful to refuel any vessel with a fuel having a flash point lower than 110 degrees F. with any person aboard, except such of the crew as are necessary to perform the fueling operation. (c) Tank barges, fuel supply boats or vehicles are expressly prohibited within City -owned marina areas. Section 50-10. SAME - RESTRICTIONS ON FLAME PRODUCING EQUIPMENT: In the interest of safety and fire prevention, the -6 - USr. of r.harcoal huriiorsi kurnirlq and 1.0•1dihut equipment ► or 011y o en,,flome nquit)mrt11., it; wiIhi11 iil.ltind Fitt*O:.o oXt4.10 within the Enclosed vessel ,fled l he owner's own risk. Section 50-11. :;AME - FIRE SIGNAL FOR VESSELS: To minimize the dangers resulting from fires aboard vessels or on the dock areas, and to provide early warning thereof, all vessels shall use a fire signal. In addition, it is mandatory that every operator or owner of a vessel, utilize all fire warning devices or alarms as may be furnished by the City. Section 50-12. SAME - CONSUMPTION OF ALCOHOLIC BEVERAGES RESTRICTED: It shall he unlawful to consume in public on any marina piers or walkways any alcoholic beverages. It is not the intent of this section to prohibit !;,)cial drinking aboard duly authorized vessels by guests and tenants of the marinas, or in establishments duly licensed by the City. Section 50-13. SAME - ACCESS TO MARINA SHOWER AND TOILET FACILITIES RESTRICTED The unauthorized Ise of the tenant shower facilities at any City Marina is prohibited, and it shall he unlawful for anyone who is not either a legitimat' pitying tenant or a bona fide quest of a paying tenant to make use u[ the said shower facilities. Section 50-14. SAME - ADDITIONAL RULES AND REGULATIONS The Director of Public Facilities is hereby authorized and directed to make and enforce such reasonable rules and regula- tions as may be necessary to carry into effect those provisions of this chapter which govern the Marinas Division of the Depart- ment of Public Facilities. Said rules and regulations shall first be posted or otherwise made public. RETICLE I7 - OPERATION OF VESSELS .getltion 50-15, O(>PATIQNS OF ALL VESSELS - PROPER REG I STRA'I'TON REQUIRED: It shall 1-'e unlawful for the owner or operator of any Vessel to operate the same '•ii' hin the City without first complying with all requirements, according to the vessel's flag, of the appropriate State, federal or foreign statutes and regulations for the registry or enrollment of such vessel. Section 50-16. SAME - OPERATION OF VESSELS TO BE IN COMPLIANCE WITH II\W: It shall be unlawful for the owner or operator of any vessel to operate the vessel in the City of Miami in violation of the applicable United Stu+_es laws and regulations for inland waters, otherwise known as the. "Inland Rule of the Road," and applicable State laws. Section 50-17. SAME - REQUIRED EQUIPMENT FOR VESSELS: It shall he unlawful for the owner, lessor, or operator of any vessel within the City of Miami to operate said vessel, or allow the operation of said vessel, when the vessel is not equipped in compliance with applicable federal, state, county and municipal regulations. Section 50-18. SAME - RESTRICTION ON OPERATION AND USE OF VESSELS GENERALLY: (a) Reckless operation of vessel. It is unlawful to operate a vessel in any reckless manner. A person is guilty of reckless operation of a vessel, who operates any vessel, or manipulates any water skis, aquaplane, or similar device, with disregard for the safety of persons or property, or without due regard, caution and circumspection, or at a speed or in any manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person. -8- ` (1)) Urger Linch vessel while under influence of intoxi eat.ih' liquor or ndr-•crt ie d 1»it-hi.t,ir;itr.:., or other st imu- 1:rhttl. 1L i5 unlawful for any person who is under- the influence of alcohrjl i r: brverayr:s, marijuana, or narcotic drugs, as defined in Chapter 398 of the: FloridaS t d tutu: , model glue, or- barbitur- ates, central nervous system ::t imulants, hallucinatory, or any other drugs, to which the dru-; abuse laws of the United States apply, as defined in Chapter 404 of the Florida Statutes, when affected to the extent that his normal faculties are impaired, to operate any vessel on the waters within the City or be in the actual physical control of any vessel on the waters within the City. (c I Water skis and aquaplanes: (1) No person shall operate a vessel on any waters of this City for towing persons on water skis, or any aquaplane or similar device, unless there is in such vessel a person, .in addition to the operator, in a position to observe the progress of the persons being towed, or such vessel is equipped with a wide-angle rear view mirror mounted in such a manner as to permit the operator of the vessel to observe the progress of the persons being towed. (2) No person shall operate a vessel on any waters of this City, towing a person on water skis, aquaplane, or similar device, nor shall any person engage in water skiing, aquaplan- ing, or similar activity, at any time between the hours from one-half hour after sunset to one-half hour before sunrise. (3) The provisions of paragraphs (1) and (2) of this subsection do not apply to a performer engaged in a professional exhibition or a person-articipating in an official regatta, boat race, marine parade, tournament or. exhibition. (4) No person shall operate or manipulate any vessel, tow rope, or other device, by which the direction or location of water skis, acquaplar.e, or similar device may he affected or controlled in such a way as to cause the -9- Water skis, aquaplane or similar device, or :any person thoroon , 1 ca collide or str i kc.r against uhy cal jcor•t , r•crclat slalom buoys, ski jtaml,::, or l i I;c' nb jort.s i sod norn►;ai I y in compel i I.ivo or rocroationot oI;i incj. (d) Muffling dc»vi c oo: The exhaust of c_very internal combustion engine used on any vessel shall effect:ivcty muffle the noise of the exhaust in a reasonable manner, except for vessels competing in a regatta or official boat race. (e) Safety inuoections: No officer or City official shall board any vessel to make a safety insoc"tion if the owner or operator is not 1a' oaa.d. When the owner or opeoitor is .,board, un officer or. City official may hoard .a vessel with consoo":!_, or whon he has probahlE or knowledge to oelaose that. o violation of a provision of this section has occurred or is Cc' .n-r inq. (f) Speed restrict:cans: No person shall operate a boat at a speed likely to cause damage or in fury, Nqake or otherwise, to persons or property. Section 5(/-19. SAME - OPERATION OP VI':SSELS DURING AND NEAR ETC . REGATTAS, PAGEANTS, RACE,_ r ETC.: VNFORCEMENT OF REGULATIONS: (a) it shall ho ►►•,? .iwful during any; rogoi ta, pageant or marine parade upon a -ay w::►t , rs of t iae c'i t:e of Mi,imi, or upon any race course, a port of v* , .'h is within t-r,o City, for ony vessel cf any type or descri;.,ron to pass up, down or across the course, or to mo•'e in wsc ..rs immediately adjoining the course d a_ L og the prc,a: e- aria rare, pay+ant or marine parade, in such a rapper as endanger participants in tho regatta, pagearatsor magi lc: pa-slc>, or thr• crews or passengers on board vessels attending soon event, This prohibition shall ,-10 hot be applicable to racing craft, or craft engaged in such activity, or boats, properly identified, having on board officials of such activities. Section 50-20. OPERATION OF COMMERCIAL VESSELS - CERTIFICATES AND LICENSES REQUIRED: No commercial vessel may be berthed_ or operated at any City owned facility, nor may :.:uch vessel be used for the trans- porting of passengers, nor may such vessel provide services for compensation, unless said ves:a1 has been issued a Certificate of Convenience and Necessity, and a valid license as set forth in Section 50-27 hereof. Section 50-21. SAME - PREREQUISITES TO CERTIFICATION: (a) An applicant for a certificate under this article shall have been a resident of the City for six months or a resi- dent of the county for twelve months preceding the date of the application, and shall have had one years experience as a boat operator. If the applicant is one other than an individual, then one partner or officer of the corporation shall be so qualified. ( n) All persons making applicationfor a certificate shall establish proof of having registered or documented the vessel for commercial purposes and sign an affidavit stating that the boat is to be used exclusively for commercial purposes. Section 50-22. SAME - APPLICATION AND FEE FOR CERTIFICATES: Every application for a certificate to operate the craft described or named in this article shall he in writing, verified by the applicant and filed with the Director. Such application shall set forth the following: (a) If the applicant is an individual, the name, age and address of such applicant and the length of time the applicant has resided in the City; if a partnership, the business name of -11- • Stith partnership and the nar' age and address of each partner and the length of time each p. rl.nnr ha:; , r' ; i ded in the City; if a corporation, the nnme of Ihc, corporal Ion, data of its incorpora- tion and the names and addres :es of its officers; and if the appli- cant is other than an indi.vic3;.11, partnership or corporation, the name of the applicant and the manes and addresses of all parsons constituting such applicant. (b) Excursion and sight-seeing boats shall furnish a map showing the proposed route over which the applicant desires to operate, the length of the trip in miles, the time schedule and the proposed fare. (c) A description of the kind or type of vessel which the applicant will use, including the identifying numbers or name, a brief description of the vessel, sufficient with the identifying numbers to distinguish it from any other craft, the seating capacity, S.A.E. horsepower and the net and gross tonnage of the vessel. (d) Every person applying for a certificate shall submit to the Director a valid United States Coast Guard certificate of inspection or certification made by an independent qualified marine surveyor that his vessel is in seaworthy condition. (e) A twenty-five dollar fee, in cash, cashier's check or money order payable to the City of Miami, shall accompany each application, which fee shall not be refundable. (f) In addition, any person desiring to obtain certif- icates for charter fishing vessels shall submit information on the proposed maximum number of passengers to board the vessel at the City docks, which number shall not exceed six persons in any charter party, the schedule of operation, the proposed charter rate to he charged per half clay or full day, and the experience of the applicant, giving sufficient information so that the same may be corroborated. Strdtin SAME.,- INVESTIGATION AND APPROVAL OR REJECTION OF CERTIFICATES: Upon the filing of an application for a certificate under this article, and the payment of the fee therefor, the Director shall investigate the applicant as Lo moral fitness, character, business experience and any other matter deemed necessary for the best interests of the i.ihlic in general. The Director shall either approve or reject such ;application in writing within 30 days from the date of the filing of the application. If within 10 days from the receipt of such rejection the applicant requests in writing to have the Director sti:te the reasons for such rejection, the Director shall furnish such reasons in writing within 10 days from receipt of such request. If the application is rejected by the Director, the applicant shall be entitled to a hearing before a Board, comprised of the City Commission of the City of Miami. The request for said hearing shall be made to the City Commission in writing within 30 days from the date that the applicant is notified in writing of his rejection. Section 50-24. SAME - CONTENTS AND TRANSFERABILITY OF CERTIFICATES: Every certificate shall he signed by the Di rector and shall contain the name and address of the person entitled thereto, the routes, termini, schedules and fares authorized. A certificate shall also have stated thereon such additional terms, conditions, provisions and limitations as the Director may deem necessary or proper in the public irterest. Changes shall be made only after authority to do so shall he granted in writing, by the Director.. No certificate issued under the provisions of this article may be assignec or transferred. -13- gentian 50-25. SAME-DTJFATION OF CERTIFICATES: Every certificate shall r retain in full force and rffect froth the time of its issuance unt_ i l revoked in whole or in part. Section 50-26. SAME - COMPLIANCE WITH RULES AND REGULATIONS: All certificated vessels :-hall comply with applicat:le rules and regulations of the United States Coast Guard and such rules and regulations a_e, by referc:':,ce, adopted and made a part of this Section as though set forth in t.oto herein. Section 50-27. SAME.- APPLICATION FOR LICENSE; ISSUANCE, CONTENTS, DISPLAY, ETC., OF LICENSE: (a) The certificate hold r shall file an application for a license for each vessel operted under a certificate with the Director of Finance and pay a 1-'41 for the proposed license as prescribed in Section 30-28 hereof. Every application for a license from certificate holders shall be in writing, signed by the certificate holder, and shall contain the following: (1) The name and address of the certificate holder. (2) The number of the certificate. The name of the vessel, its type, length and bean; and the official number of the vessel. (b) The Director of Finance shall thereafter issue a license for the watercraft business listed in the application for such license. (c) Each license, when issued, shall contain the following: (3) (1) The name and address of the certificate holder. (2) The number of the certificate under which vessel is to be operated. (3) The official number of the vessel. (4) The name and hailing port of the vessel, (d) The license shall he displayed in a ConSpicuou* place on the certificate holder's vessel.. No license shall !'e issued for more than one year. For each license obtained 1)etween the first day of Octo}ier and the 31st day of March, the full tax for one year shall be paid. For each license obtained from the first day of April to the 30th clay of September, one-half the full tax for one year. shall. 1,e paid. Section 50-28. SAME - REVOCATION OF CERTIFICATE AND In addition to any penalt.' imposed therefor, upon a conviction for a violation of this Article, any certificate and license issued under !his Article :J i!i 1,0 revoked if it is shown that the certificate and 1 i eerie Bolder has been convicted on three, previous occasions of vi9l,jt ions of this Article within a three year period next preceding the date of the latest charge against such violator. After s,:ch revocation, no application for renewal of the revoker cert i fic,+te and license shall be con- sidered for ;a period of 12 months next following such revocation. Any operator or owner's representative who shall continue to operate any vessel after revocation of such certificate and license shall be guilty of violating this Section as an addi- tional violation and shall he subject: to the penalties provided for in this Section. Upon the revocation of any certificate and license, the holder thereof shall forthwith surrender the cer- tificate and license to the Director. Section 50-2c). SAME - REQUIREMENTS FOR SEAWORTHINESS OF COYCIAL VESSELS GENERALLY: (a) Every person applying to the City of Miami for. a Certificate of Public Convenience and Necessity, or for : occupational license to operate any watercraft or boat carrying passengers for a consideration, carrying six or less passengers, -15- shall. at thn time of such aepl i c.tt i on make written tt_en certification, or1 .:t form supplied 1,y the City, that such watery:rift- or boat is in seaworthy condition. The ccr: t i l i cation shall he signed t ',- the owner or other person responsible for the operation and maintenance of such watercraft or boat. (b) It is unlawful to operate in the City of Miami any rental watercraft or boat carrying six or less passengers for a consideration, unless such watercraft or boat is in a seaworthy condition; and for purposes of determining seaworthi- ness such watercraft or boat shall substantially comply, where applicable, with the standards required by the rules and regula- tions of the United StateF Coast Guard for small passenger vessels; and the United States Coast: Guard rules and regulations for small passenger vessels are, where applic.ble, made a part of this Sec- tion and adopted by reference as though set forth in full herein. (c) It is unlawful to operate in the City of Miami any rental watercraft or boat, carrying more than six passengers, for a consideration, unless such watercraft or boat complies, where .applicable, with the United States Coast Guard rules and regula- tions for small pass;enger vessels, and such rules and regulations are by reference adopted and made part of this Section as though set forth in full heroin. (d) tlhe owner, operator or other person responsiLle for either the operation, maintenance or both of any watercraft or boat described in this Section shall, upon demand, submit to the Director of Public Facilities a valid United States Coast Guard Certificate of Inspection or certification made by an independent qualified marine surveyor that his watercraft or boat is in seaworthy condition and in compliance with the guidelines scat forth in paragraphs (b) and (c) of this Section. -16 SecLion PENbEl'i(IN EV:4_1_110T CnVEPED CERTIETCATE: Any tr'otot wessel [or t,hich ii(ense has been issued under this ArLicle, may tie used ;ot' aoy i 1. trtp or for the re-cidttion of any special service otnoi than as :,t.ate:: in the certificate unuer whlJ2n Lhe license was isstwd; prOVi0.20, that piloi to Cne maKinci of such speiztal t.rip or tac cenditien Gi such special service, fuil tniormation pertaining thereto has been sub- miLted to the 5trector • D-ircctoi .:hefelo P!,uj j ( i 1 i ppy0,,Ki1 -f Section 50-31. $A..2 - S=TY OF PASSEWERS, ETC. GE=ALLY: All vessels carryg passengers for hire from City Marina facil.lties shall, etore bec.inning opraLion and at all times uring ci:eration, compiy all Unfted Sttes Coast Guard ruies and regulz-tions governing equipment and operation of vessels P C1--71 o: )roe(.Lion and :,:fr.!ty of all 1)-rsons on ro,IrG. Section 50--i2. SAY.E - A::.C.11)ENT 1r2QUIRED: very certifdcal:edei under thi ALLiole, or his r-presentative shall immeditely report to the Direct:or or his n.presentatvo, the Lime,p1.ct, cause and circumstances of any • dent or injury to it passenger or other person, or damngt to ..ny property, in wilich any vessel licensed ander the provisions is itc:olved, ;Ind within 24 hohrs Hlail submit such inforio:i in wrii.inci tho Diroch,1 . Sctior. 50-13. CJUT WHEN STOPM It shall be unlawful fol- th:.! holder -' any certificate for any commercial vessel. under this Article, to knowingly take iJ)assencers for hire, fishing in zre Gulf Stream, Outer Florida ?MT 7, Reefs, or other open waters, when gale or warnings of a more severe nature have been issued in compliance with orders or warnings issued by the United St rf_e:; Weather Bureau. Section 5v-34. SAME - EXCESSIVE FARES PROHIBITED: No fare o;: compensation greater than that authorized by the certificate under which the particular service is being rendered, shall be accepted or collected for the transportation of any passengers. Section 50-35. SAME - IDENTIFICATION, FINGERPRINTING, ETC., OF EMPLOYEES: It shall be unlawful for any certificate holder or captain or commanding officer of any vessel which has been licensed under this Article, to employ any person for services in and about such vessel or rented property without such person having first been fingerprinted, photographed and identified by the Police Department of the City of Miami, and having paid the prescribed fee therefor.. Section 50-36. SAME - SIGNS P.EOUIRED: Every certificate holder shall display in a conspicuous place, a sign which shall give the name of the vessel, owner, captain or operator thereof, and the total charges per trip, per day or per half -day, stating the price and the tax. On vessels making stopovers where attractions are offered for public amusement, the amount of admission to the attraction shall also be prominently displayed, in the event such charge is not included in the boat ticket fare. No other sign shall he displayed on or about the vessel or dock. Section 50-37. SAME - FALSE OR MISLEADING ADVERTISING PROHIBITED: It shall be unlawful for any person to disseminate by any manner or means whatever, information as to the kind of trip, -18- route of trip, or distance of trip, or any other information per- taining to said trip, which is t:•Arue - r. misleading, and which is known to be untrue or. misleading. Any advertising literature con- taining a map or chart: of the Ni.nn„i River, Biscayne Bay or Biscayne Bay Shoreline, shall also nave' j' ,inly shown thereon the actual route travelled Uy the vessel advertised therein and the number of miles travelled. it shall he un.l rwfu1 for any ticket -seller or representative, in any manner or :ne,ins whatever, to misrepresent information concerning; an: At each booth there shall he on display a map or chart of the I1iami fiver, Biscayne Bay and Biscayne Bay Shoreline, clearly indi•catincl th actual route travelled by the vessel for which tickets are ')e,aq offered for sale. Section 50-38. SAME -- DISPOSITION OF ABANDONED, LOST, ETC., PI_i:SONAL PROPERTY: Personal property di cover d upon any licensed craft under this Article 1 v the !Jerat :. i , uis servants, agents or employees shall he dop-sited immediately with the Dockmaster who shall hold the same for a neriei of in rays. If such property is not claimed by the properly identified owner within such 10 day period, the Dockmaster shal]. Turn said property over to the Property Clerk of the C;ty, who ::hall give a receipt therefor to the Director, who shall keep the came among his public records for a period' of one yeE r. Section 50-39. SAME - OWNI RSIJIP OF FISH CAUGHT All fish caught by any par. ' i.c•u 1at person on any vessel covered 1)y this Article shalf brlong to the person catching the same, who nay, however, y i c tLe l :o the capt_ai.n or the operator of the vessel to dispose of as h sets fit. Section `: 0-40. E AME - DISI LAY, SALE, AND DISPOSAL 'F 1'Icll: Fish '"aught on s el: opei ating under a certificate, Fray he sold to the pThlic. Fish may he displayed at the berth of a particular vessel for not. more than 6 hours after the craft shall he moored. At the end of such ('-hour period, the owner, captain or person in charge of such vessei. shall fc.cthNith dispose of the same. It shall he uniawful under any ci rcu,.istances to dispose of said fish, by dumping sarne into the water:, of the Yacht Basin. Any person violating the provisions of this Section shall, as it per- tains to said person, have all berthing rights at City Marinas terminated and his Lease Agreements, certificates, or dockage agreements cancelled by the Director. ARTICLE III - BERTHING, DOCKING ANCHORING, OR MOORING OF VESSELS: Section (0-41. OBSTRUCTING CHANNELS; UNLAWFUL ANCHORING, MOORING OR DOCKING; UNLAWFUL USE OF NAVIGATIONZ:L AIDS: It shall ---e unl awful for a! y vessel within the City to obstruct any established channel ,)f he City; or to tie up to or to discharge persons upon any navigational aid within the City; or to anchor within LL e limits of an'.' established channel of the City; or, except in an emergency or r.'ith the approval of the City, to anchor or moor any vessel over City -owned bottom land or to anchor, moor or dock with the perciision of the Dockmaster, within the protected water area of either the Dinner Key Marina Yacht Basin or the Bayfront Prohibitive Anchorage Area, more particularly describer) as follows: (a) Dinner Key Marina Yac t Basin. Beginning at the intersection of the southeasterly projection of the southwesterly nigh;: -of -way line of Kirk Street with the Dade County bulkhead line; 'hence S 13° 56' 20" E for a di.scance of 1275 feet, more or les, , to a point, said point being on the easterly side of Mole Ni.,5 in Biscayne Bay; thence run $ 40 00' E for a distance of 205') feet, more or less, to a point, said point being the souti,erl_' tip of Mole No, 3 in -20- 1 ■ 1 i i 1 i I 1 tiScaytie Bay; thence. S 76° 00' W for a distance of 2600 feet, More or less, to a point, said point being the southerly tip of Mole No. 1 in Biscayne Bay; thence run N 85° 00' W for a distance of 1550 feet, more or less, to a r,oint, said point being the most westerly tip of the aforeeuntioned Mole No. 1, said point also being an intersection with the southeasterly projection of the southwesterly boundary of COCONUT GROVE BAYFRONT PARK SECTION ONE, as recorded in Plat Book 82, at Page 85, of the Public Records of Dade County, Florida; thence run N 46° 23' 30" W along the south- easterly pr.ojectior, of they southwesterly line of aforementioned COCONUT GROVE BAYFRONT PARK SECTION ONE for a distance of 650 feet, more or lees, to an 1nterseet.ion with the Dade County Bulkhead Line, thence northn:etrwardl',', me.:uderinq the northwesterly shoreline of Biscayne Bay to the so.tt_heasteriy projection the northeasterly line of Aviation Aenue; thence northeastwardly along the Dade County Bulkhead Line to the Point of Beginning; all as shown on a sketch prepared 1 the City Department of Public Works under file number Miscellaneous 33-108A, a copy of which is available for inspection at the Dinner Key Marina and the Office of the City Clerk. (b) Bayfront Prohibitive Anchorage Area. Bounded on the cr by the portion of the Dade County Bulkhead Line lying beta,e:a the easterly extension of the South property line of Chopin Plaza, formerly known as S.E. 2nd Street, and the southerly boundary of the Miamarina Restaurant site; bounded on the west by the existing bulkhead of Bayfront Park, lying between the easterly extension of the South property line of Chopin Plaza and the Miamarina Restaurant site; bounded on the North by tl-.e southerly loundary of said Miamarina Restaurant site lying Letween the existing bulkhead - 2 1 P- Of Bayfront Park and the Dade Count; Bulkhead Line; bounded on the South property line of Chopin Pla:!.a and lying between the existing bulkhead line and the Dade County Bulkhead Line, all as shown on a sketch prepared by the City Dep.rtment. of Public Works under file number Miscellaneous 40-55, a copy of which is available for inspec- tion at the Miamarina Dock Office and the Office of the City Clerk. Section 50-41.1. NOTICE TO REMOVE VESSEL: The Director of the Department of Public Facilities shall cause to be placed upon, or as nr:r to the vessel as possible, a notice not less than (:sight_ inches by ten inches and sufficiently weatherproof to wit.hsiand normal exposure to the elements, which shall serve as notification that the vessel is in violation of Section 50-41 of the Code of the City of Miami, Florida, and must be removed within 48 hours from the time the notice was posted, otherwise it: shall be presumed to be abandoned property and will be removed }b1. the Department of Police of the City of Miami. The removal ai:d return of any vessel aft:er notice has been posted, shall he unlawful and shall not serve to extend or circumvent the original 48 hour notice period. When possible, oral or telephone notice to remove shall also be given the vessel owner or operator during said 48-hour period, based upon local public records of the vessel's registration or other documentation, if any. However, failure to give oral or telephone notice, shall not alter the provisions of this Section. Section 50-41.2. APPLICABILITY OF CHAPTER 57-1585, LAWS OF FLORIDA, SPECIAL ACTS, 1S57. ?:,oVTDING FOR PUBLIC SALE OF r;,-, LCNED PROPERTY: The provisions of Chapter 57-1585, Laws of Florida, Special Acts, 1957, shall he applicable and shall govern the taking of possession, storage, publication of sale, and sale ) O i and establishment of a lien against_ (and matters relating thereto) vessels in violation of LP i,ro..i.sions of ,Sec. 50-4i, above. In this connection: (a) The term " .har,donecl proper ty' in said Chapter 57-1585 shall mean a vessel in violation of Section 50-41, which has not been removed pursuant to r,oticc; given under Section 50-41.1. (b) The Director of the Department of Public Facilities shall fix the rates of storage under the provisions of Section 2 of said Chapter 57-1585. Section 50-42. 3ERTHING, DOCKING, ANCHORING, OR MOORING INFORMATION AND REGULATIONS GOVERNING ALL VESSELS AT CITY MARINAS - GENERAL: City Marinas have been designel and 1n i1t by the City primarily in order to afford the local and c:r u a s i ng yachtsman appropriate facilities and acconmaod.,tion i, and secondarily to provide convenient rand appropriate commercial ""essel facilities for the pleasure and service of both citizens of Miami and tour- ists. The berthing, docking, anchoring, or mooring of vessels, and other activities and operations at City Marinas, shall be in conformance with reasonable regulations of the Public Facili- ties Department. Berths, docks, moorings, and anchorages will be assigned only by the Director of the Public Facilities Depart- ment or his duly authorized representative. Marina regulations shall be premised upon the maintenance of sanitary and sightly conditions, orderliness, and the preservation of the public health, safety, peace, welfare, and convenience in the use of the marina areas for the purposes foi• which established. Only vessels in good condition and under their own power (not paddle, oar, or makeshift sail) will be permitted to berth, dock, moor, or anchor. The owners or captains cf all vessels desiring space at City Marinas shall be required tc execute either a Dockage -23- Agreement or a Lease Agreement, as appropriate, prior to provision of said accommodation, and sha]l be hound to abide by the marina rules and regulation printed therein and which also appear herein, as well as those contained clsehwere in this Chapter. Commercial vessels are also required to acquire a Certificate of Convenience and Necessity prior to commencement of operations from City Marinas. Failure to conform to the aforementioned rules and regulations shall constitute sufficient cause for City termination of the Dockage Agreement or Lease Agreement and, when appropriate, shall subject the signer of the Agreement or other party(s) violating the pro- visions herein to the penalties provided for in Section 1-6 of the Code of the City of Miami. If the owner or captain refuses to remove his vessel after termination of his Dockage Agreement or Lease Agreement for cause, the City may remove the vessel from her berthing, docking, mooring, or anchorage space at the owner's risk and expense and may take possession of the space, relet the same, and may retain any balance or prepaid rental as liquidated damages and not as a penalty. Section 50-43. SAME - ASSIGNMENT OF BERTHS BASED ON OVERALL VESSEL LENGTH: Berths shall. be assigned with respect to the overall length of a vessel, and a vessel may not be assigned to a berth where the vessel's overall length e:-:ceeds the berth's length, with the exception that any vessel in violation of this pro- vision on its effective date, shall he permitted to remain in violation thereof until the expiration of the Dockage Agreement involving such vessel. Section 50-44. SAME - REMOVAL OF VESSELS'FOR CAUSE: The director may cause the removal of any vessel from City Marina property when it is necessaryin order to repair the - 24 - tisdke because of a previous reservation or for any good or reason- able cause; and should the owner or person in charge refuse to remove such a vessel, the City, through the Director, may assess reasonable charges for the cost of having the vessel moved. Section 50-45. SAME - REA.OVA1., OF VESSEL BEFORE HURRICANE: The owner or captain of a vessel located .at a City Marina or within a City Yacht Basin, shall remove cr cause to be removed his vessel from City property on or before issuance of hurricane warnings by the U.S. Weather Bureau. Section 50-46. SAME - TENANT RESPONSIBILITY FOR VESSEL APPEARANCE: It shall be unlawful for any person who owns, is in charge of, or is aboard any vessel_ located at City property to display any advertisement or exhibit any sign, or hang any wash- ing or laundry upon any part of the iessel where it can be seen or is visible from any premises in the immediate vicinity. "For Sale" signs, not to exceed one foot (1') square are excepted from the aforementioned prohibition and may be displayed on any boat. It shall also be the responsibility of tenant: to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavorably on the appearance standards of City Marina facilities. Decks of vessels berthed at City docks shall be kept free and clear o.: debris, bottles, papers, trash or other unsightly material at all time:. Section 50-47. SAME - TENANT RESPONSIBILITY FOR ORDERLY PIER: It shall be the responsibility of tenants to keep the pier areas adjacent to their vessels in an orcerly, clean, and safe condition. Piers will be kept .tear of all gear, includ- ing dinghies and skifs. Private stowage facilities may not he used on the walkways. Bicycles will be permitted on the piers at -25- bitmer Key Marina if parked in a manner :;o as not to block passage oh the pier. Section 50-48. SAME - RESTRICTION ON DOMESTIC PETS: Domestic pets are permitted, provided they are kept leashed when not confined aboard; do not disturb other guests and do not create a nuisance. Tenants whose pets are not con- trolled in accordance with these restrictions shall be required to remove their vessel frorn the City Marina. Section 50-49. SAME - REPAIRING, FITTING OUT, ETC. OP VESSELS DOCKED OR MOORED AT CITY MARINAS: Routine maintenance and minor repairs necessary for the preservation and seaworthiness of the vessel may be performed within the marina. Major repairs may not be performed at City Marinas. Routine maintenance and minor repairs are considered to be those which: (a) Do not disturb the public peace and tranquility of any person aboard any boat under the juris- diction of the Department of Public Facilities. (b) Do not contribute, to a disorderly or unsightly appearance during the process of repair or main- tenance. (c) Are capable of accomplishment with hand tools or certain port.ible power tools normally carried aboard the ',essel. (d) Are confined to the v, ssel. Section 50-50. SAME ELECT1ICAL POWER AND FRESH WATER EXCLUSIVELY FOR USE OF VESSEL OCCUPYING PERTH: The electrical power and fresh water provided by the City as part of the dockage rental fee at each berth is for use exclusively by and for the vessel occupying that berth and paying - 26- a dockage rental fey therefor. I; ha11 be unlawful for either the tenant or .any other Person i. ,.) 'i: either the electrical power or fresh water for any purpose other t hart to Supply power and water tc ti-,e vessel officially i cfteci to that berth by agreement on record at the Doc}:master's Office. Water siphons will not he used except in case of emergency. Fresh watnr provided by the City shall not be used as a cooling agert for equipment on vessels. Section 50-51. SAME - t?USPONSII3ILITY FOR DAMAGE OF CITY PROPERTY: Owners or operators of vessels shall be required to reimburse the City for any damage or defacement which they or their vessel may cause to City piers or ;th3r City property. Section 50-52. SHOWER - 'TOILET KEYS: ,'Marina shower - toilnt keys are issued for tenants and their guests only, and tenants found duplicating the keys for issuance to unauthorized persons, or otherwise providing them to unauthorized persons shall havc their Dockage Agreement cancelled. Keys will rormally be issued only to tenants paying dockage and living aboard their vessels and not to tenants at commercial berths or tenants using the Marina for vessel storage. Section 50-53. SAME - KEY DEPOSITS: At Dinner Key Mariner, or- ,.ey to the marina toilet - shower facilities "ill r e issued to rach qualified vessel, on receipt 'Dy the Dock Office of a $ 5.0') deposit. Key deposit at Miamarina shall be $2.00. Said depo-it shall he refunded upon return of said key. Section ,0-54. SAME - MIA11ARINA CUSTOMS CLEARANCE: Miamarina shall provit c cc) rtesy dockage space along the outer tulkhead for non -tenant ve sels ar,-i!ing from foreign ports and reguirinc clearance ',y Zln3 ed States Customs. Vessels desirinc) only Cusrorns clearanee : 11.+1.1 ee allowed free dockage for periods; of to i r, a rn,r : rmill lei ; hoar :,. Vessels; clearing sooner t.h t-hr' :lout mn•t i mum, n usi Leave thv marina immediately following clearance, Section 50-55. SAME -- CITY LIABILITY: The Dockage Agreement i s; for the use of pier space only, such space to be used at the L;o.e risk of the owner, and the City shall not Le for the care or protection of the vessel, her appurtenances or contents, or for any loss; or damage of any kind of nature ',yhatsoever to the vess,r-1, her appurtenances or contents, however caused. There is no rarranty of any kind as to the con- dition of the piers, walks, ctangways, ramps, or mooring gear, nor shall the City ')e responsi':le for in uries; to Persons or property occurring upor. City property, not caused 1:w the negli- gent acts of the City or its personnel. Section 50-56. BERTHING, DOCKING, ANCHORING, OR MOORING INFORMATION AND REGULATIONS GOVERNING NONCOI•tMERCIAL VESSELS AT CITY MARINAS - RE -RENTAL 3Y CITY OF VACANT BERTH OR MOORING: If any noncommercial vessel leaves its assigned space for more than 72 hours, the City reserves the right to re -rent this space while such space is known to be vacant. The owner vacating such space shall give the Dockmr)ster adequate advance information concerning the vessel's expected return so that proper arrange- ments can1-,e made to have his berth or mooring clear upon his return. Section 50-57. SAME - OTHER USE OF RENTED BERTH OR MOORING: Assignment of Dockage A,lreements or subletting or rental of 1: oats , berths or Toni- i :-.,-r - - v t-�.nants; at City Marinas is prohibited. Ter ::._: si a1' :rant free use of their ert:hs or mooring: to other vessel.._ . period when their own vessel. may be absent from the berth or mooring, inasmuch as the City reeerves the right to re -rent their berth or mooring during such periods of absence. The owner of a tenant vessel agrees to advise the City of any change of ow:,,. rship, or of rental, of a vessel While subject to a City Dockage Agreement, not later than 24 hours following such change. Section 50-58. SAME - RESTRICTION ON USE OF PRIVATE BOAT PRIMARILY FOR BUSINESS PURPOSES: It is not the operating policy of City Marinas to pro- vide dockage in noncommercial areas for vessels whose primary function is to conduct business, or to facilitate sales or pro- motional activities normally carried on in commercial areas. The use of any pri-ate boat berthed at a noncommercial slip or mooring primarily for business purposes is prohibited: further- more, the use of the City Mari r;,_+ fr-cil i. ty address for business purposes by noncommercial vessels is prohibited. Violation of this Section shall he immediate cause for the Director to require removal of the vessel from City Marinas. Section 50-59. SAME - LIVING ABOARD: The privilege of living aboard private boats is extended to professional captains, owners paid bona fide guests only and shall in other respects he governed 1,y regulations applicable at indi- vidual City Marinas. Living aboard will not be permitted at bulk- heads, and will '.e permitted on City,' moorings only by specific written permission of the Dockmaster and for transient vessels only. Section 50-60. SAME - LIMITATION AT MIAMARINA: Long term live aboard at Miawarina shall be restricted by the Director to whatever number of vessels iscompatiLle with the City's intent to retain as much dockage as possible for -29- "transient" vessels and at the ::amtime produce the maximum passible revenue from the marina':; operations. Section 50-61. BERTHING INFORMATION AND REGULATIONS GOVERNING CITY MARINAS - PRIVATE VESSELS: Private vessels and tiloEe f i s: ing vessels which neither transport passengers nor provid services to the public for compen- sation shall not be required to o1 t ir1 Certificatosof Convenience and Necessity or to execute Lease Agreements, but shall he assigned berths by execution of a Dockage Agreement on a first -come, first -served basis. Al]. such private vessels at City -owned marinas shall be assigned berths on s:a first -come, first- served basis regardless of size of vessel or berth. Section 50-62. SAME - COiMMERCIAh VESSELS; ASSIGNMENT OF BEPTHS; DETERMINATION OF SENIORITY: Dockage space in City Marinas shall be rented for com- mercial vessel use only upon the execution of a Lease Agreement between the City and the vessel o..rnr r or owners. Those commercial vessels operating under a previou:.ly executed Dockage Agreement shall be permitted to continua operations under the terms and conditions of that agreement in lieu of the Lease Agreement for • the remainder of the term of their tenancy, if they so desire. The Lease Agreement form shall he available for inspection in advance by interested parties at the marina office. Berths in City dock facilities shall be assigned as it appears best for the interests of the City, taking into consider- ation the availability of ':erths, the seniority of the holder of the Certificate of Convenience and Necessity, the size of the vessel, and the services to ;,e rerdered !-.7 the vessel. No changes in assignment shall '•e made except as approved by the Director. While a Certificate is required prior to being considered e- 3 p,- fbr assignment to a herth, it; snanc•c! of a Cefticato tdoe§ hol guarantee such assignment. The seniority of cert:ifi.cate hbldets shall be determined in the following manner: (a) The holder of the certificate which has been in continuous force and effect for tree longest consecutive period of time, shall hold the highest seniority, the next, in period of time shall be next in seniority, and so on to the holder whose length of time is the shortest. This rule shall apply to each particular type of vessel covered by this Article and each shall attain seniority according to the type of operation. (b) A certificate holder who forms a new partnership or corporation with any person ''ho may ?e eligible and acceptable under existing law, shall lose seniority if the prior certificate holder sells, transfers or disposes of his interest in the part- nership or corporation, and the certificate holder who purchases or is the vendee or transferee of the prior title holder shall commence seniority status on the date such purchaser, vendee or transferee shall obtain a certificate. (c) In the event a berth becomes vacant, the reassign- ment of the vacant berth shall be made according to seniority. (d) The ak'sence of any certificate holder, due to service in the Armed Forces of the United Suites during any war, hostility or compulsory national military training, shall be treated as an involuntary absence and shall not affect the seniority rights of such certificate holder. In order to exer- cise the right of seniority conferred by this subsection, the certificate holder shall apply for reinstatement under such seniority within 60 days after his release from the Armed Forces, (e) Voluntary absence, or the cessation of operation -31- by a Certificate holder, at any City Marina may he granted and Shall not affect his seniority rights if he.' complies with the following conditions: I (1) Request for ,'bsence shall '.,e filed, in writing, with the Director and shall indicate the dates of voluntary absence. ■ (2) All fees due under this article shall e promptly paid as they fall due. (3) The asence provided in this subsection shall not be granted for more than (4) Upon the cxpi r ati.on of the 6 months absence, the Director shall notify the c'2rt:i fi cate holder in writing, and if such certificate holder fails to resume operation within 30 days from the date of the of such notice, the cer- tificate and license shall be su1.1,ect to cancellation. (5) In the event of cancellation as provided in the preceding paragraph, the former certificate owner may renew his application for an available berth. His application shall then be placed on any waiting list for a period of one year, and at the expiration of such time, it shall be removed from the waiting list unless the applicant shall renew his application in writing. (6) Holders of certificates under this Article may sell their vessels and retain their senic•r.ii_y in the following manner: a. If the s le is made wi th the understanding, in writing, that the new owner will not operate the vessel from the City Marina where the vessel ,:ids berthed. h. The certificate holier who sells his vessel may retain his berth if he complies with paragraphs (1) through (5) -32- this subsection, providing fur the retention of seniority under an absence request. c. In the _event that all applicants on the waiting list at the time of ;Jae s,!i.e of such Vessel fail to exercise the rights orovided within 30 days from such sale and in the event that the purchaser, vendee or transferree of the vessel sold can qualify for a cers_i.ficate, the Director is author- ized to allow him to use and occupy the 1-'erth of the vessel sold. d. In the event that a certificate holder replaces his vessel with another or changes from one type of service covered by this Article to another, Lhe date of the original certificate will determine seniority; provided, how- ever, that the new vessel or the new service is rendered without conflicting with the rights or convenience of other certificate holders at that particular facility. In the event a certificate holder with the highest seniority shall refuse or fail to exer- cise his seniority rights within 72 hours, the certificate holder with the next -highest seniority shall then have first seniority, and so on, until the berth is assigned. Section 50-63. SAME - SALE OR SUBLEASE OF BERTHS: No berth may he sublet or. sold hy any certificate holder or otherwise transferred to another person. Section 50-64. SAME - SALE OF TICKETS: Passage -tickets sold on the City docks shall Le sold only at City -established )ooths or the rail of the )-oat. Section 50-6 5 . SAME - TICKET BOOTHS; NUMBER PERM1TPI D: A certificate holder under this Article may not have more booths than he has vessels operating. Section 50-66. SAME - SOLICITATION OF PASSENGERS: The solicitation of passengers on an/ dockage facilities -33- of the City, may be made only from e:-t ah1 i shred 1,00t.hs. Sol ici ta- tion of passengers may he made on I'r hy t.hr, owner, onerat or or representative of a licensed cr.. f. t_ i.: rnrI ,1:;r, i ,Inca hoot hs in an ordinary conversational tone of voice, acid solicitation may not be made by the use of music, loud noises, either vocal, repro- duced or amplified by mechanical means. No animals or freaks may be used or exhi'-ited in order to gather crowds, attract attention or advertise any business or service cif tie red to the puhl i c 1 .► lessees or any other person at City Marina facilities. Section 50-67. SAME TICKET !'O0T11 MATNTENACE: Booths operated by certificate holders and all adiacent areas shall be kept clean and free of all encumirances, including display of marine life. It shall be the duty of the certificate holder to keep the Booth and adjacent areas swept and clean and free of such encurn rances. Section 50-6H. SAME - TICKET BOOTH DAMAGE OR REVOCATION: It shall he unlawful for any person to overturn, damage or deface any booth under this Article. No booth may be moved or relocated without written permission of the Director. Section 50-69. SAME - LIVING ABOARD BY EMPLOYEES: No employee or any other person shall Le permitted to utilize a bait or shrimp -fishing vessel, or other similar type of vessel, or a certified vessel as a place of residence while the vessel is berthed at a City Marina. These vessels shall be secured as soon as possible after the final trip of the day and no person shall remain aboard overnight or while the vessel is not in use. Section 50-70. SAME - TERMINATION OF PIER PERMIT AGREEMENT OR LEASE AGREEMENT, AND CANCELLATION OF CERTIFICATE AND LICENSE: Failure to comply or abide with the provisions of the -34- bOCkage Agreement:, Lease Agreement, shall result in termination and cane Agreement, Lease Agreement, or ; o1.h, penalties as provided in Feetion 1-6 Miami. or the terms of this Chapter el.ltot:ion of the Dockage as well as sirb;ection to of the Code of the City of Section 50-71. DOCKAGE FEES - UTILITIES: GENERAL INFORMATION - The dockage rates at City Marinas include water and electricity. Section 50-72. SAME - MIAMARINA TELEPHONE SERVICE: The dockage rate at Miamarina includes telephone installa- tion in telephone equipped :�erths. Outgoing local telephone calls to points outside the Miamarina complex will he charged at 25 per call. Long distance calls are charged at rates established by Southern Bell Telephone & Telegraph Company for such calls. Section 50-73. SAME - DINNER KEY MARINA TELEPHONE SERVICE: Telephone installation and service at Dinner Key Marina is individually arranged retween the vessel owners and the Southern Bell Telephone & Telegraph Company. Section 50-74. SAME - DOCKAGE FEE FOR ADDITIONAL VESSELS: Tenants will not he permitted to dock more than one vessel in a rented berth without the Dockmastcr's approval. There will he a charge of one added full dockage rate for any additional vessel owned by a tenant which is too large to be ordinarily stored aboard the primary vessel and which, therefore, must be kept in the water of the primary vessel's Lerth. No vessel shal]. be }ierthcd alongside or in the same '-ierth with another vessel without the permission of the occupying ter.a.:t. Section 50-75. SAME - VESSEL CHECK-OUT PROCEDURE: Tenants checking out of the marinas shall report to the Dock Office and pay their accounts prior to leaving. -35- Checkout time shall be 3:00 P.M. Boats occupying a herth after 3:00 P.M. shall he charged dockacie for that: night. Section 50-76. SAME - REMOVA!, OF VESSELS WITH DELIN;'UENT c'I:ARGES PROFIIBITED: :Et shall unlawful for the owner, o12.2rat:or or person in charge of any vessel to ;remove such vesset from City property without first making payment of all del i.rquent charges, when such vessel has a delinquency in its dockayc accoL. The owner, operator or person in charge of s,ach vessel shall he responsible for compliance with this Section. Section 50- i 7 . SAME - LIEN FOI< ti:•;PAID DOCKAGE FEES. The City shell have a lien against: vessels, their appurtenances and contents, for unpaid surt.s due or services due or for damage caused to any docks or propercv of the City. Section 50-78. SAME - DINNER KEY MARINA AND DINNER KEY MLARIN7\ ANNEX DOCKAGE RATES. (a) The dockage rates at Dinner Key Marina and Dinner Key Marina Annex, for private vessels, shall he annually computed and applied in accordance with the followingformula. The rates thus generated shall he computed to a monthly rate, '-,aced on a 30-day month, and the said monthly rate shall then be rounded to the nearest $5.00 figure to achieve the actual monthly dockage fee amount. The dockage rates thus generated shall be levied on the first day of the month following final adoption of this ordi- nance and shall be levied each subsequent year on the first day of January next following adoption of the annual hudget ordinance;: 1/ (1) Formula. TC*= D + .000913 + 120,000 (i'-i +1) *TC m Total Cost Where: 19 = Budget for Dinner Key Marina and Marina Annex plus a % contribution, of the Office of the Director of the Department of Public Facilities. 1/ Of necessity, the CPI factor cannot be applied until end of first year. y50-78. (a)(1) Formula 'fill 'c]) '), Whrrr': It Where - 'IIw I.c.ri ,A cc i I rrlwr„l i r'q- (.0009 c•u, l I t r I q I i ern 1.o the cost ()I Itilrn I c 1 f'•r I :;1;1pp)ort. :;e?.ry i Ce!. i»rnvi ded to I)i r tier Key by the City crt Miami) . $l0,00t) is 1c,r Cont.indrncy $1.10, 00'► i for Rc?construct ion & i:er i c'cemont. i.` CPI for 17 mo. average ending June of carrent year 1 = CPI tor 17 mo. average ending June, ltt-:5 . Operating Cots of Comr ._]r-i a i. Slips ')ased on the total number of doc-:igc feet for commer- cial and fishing p,irpnEe , s percent of the total footage (1360' comet, r c 1 31 - 18005' total. = 8%) . The tx,t,'l •oL t of operating and maintaining Dinner I e.: ,r:;d Annex less commer- cial and fishing is: TC' = TC - .ORTC Therefore: I'C' . 91.Tr or: TC' = .92 [D + .0009B + 120,000(i.'-i + 1)] i e. To determine the appropriate rental charge for Dinner Key and its Annex based on total operating and maintenance costs, less commercial and fishing, the following formula applies: RB' = TC' 20273 (360) RA' = TC' 7,298,280 RAC = 1.35RB = Rent_ Revenue/ft./lay of tJerth size (Class B) . RA' Rent Revenue/f. t:. /.day of berth size (Class A) . (2) Example: (utilizing figures fron the adopted 1975-76 City Budget) (a) Formula Use. DIRECT COSTS: Dinner Kcy & Annex $323,091 ($239,418 + $83,673) D'rector's Office S►•�re 1 1, 190 Total Direct Costs $ 33 7 , 281 �37 $337,281 §50''Ole (a) (2)a, Formula Use (c't;nl'd) INDIRECT ('r l:4'I'::: (Police, I' i ► :-;.'n i I ai irhnb, eI c,) 1 1yt, i9)* CONTINGENCY IZI,:SERVI•: RECONSTRUC ['.i r::I I;ESER' E Total D i n:,' r Fey O7 ori'_ ind Costs COMMERCIA,:, ANT r'ISiiING OPERATING COSTS Total Di.,ner Key Casts Less Commercial nd Fishing )0,000** 110,000*** $540, 920 -43,274**** 1 $497,646 *These indirect costs were arrived at by a per capita (35U, (;;0 pop.) rill. ocnt.ion of FY' 76 Budget E: p'il:-; as �,,t. t,)rth in the City of Miami 1975-76 budget Fey the departments (is appropriate. **For preparation before .ind restoration after emergencies s ich a:. h i rr i canes , etc. ***Reconstructor; Reserve - Lased on assumption tliat an aver 'o berth, ! it were to he replaced in todays dollars would cost $5,000. To replace all l ertlis :would cost $2,125,000. ($5,000 x 425 slips) If t_h is cost were to he allocated over 20 years, the annual reserve requirement ($2,975,000 20) would : e $106,250 or essen- tially $110,000/year. '1''.is does not: include the value of the hind, i .c . , waterfront, etc., hut just renlac(_rm nt costs. ****It has '.,een estimated that commercial and fish- ing slips account for ;.(►i,; of total costs (540,920 x .080) or 43,?74 There are two classes of slips based on whether live - aboard is permitted or not permitted. It is recommended that the rent for Class A (live -aboard) slips average' 35% higher than Class B (non live -aboard) slips. There are 6,280 feet classified as Class B (4230' at Dinner Key, less commercial and fishing; 2050 at Annex) and 10,365 feet classified as Class A, for a total of 16,645 feet. 6,280' x + 10,365' (1.35x)= : 197,646 6,280' x + 13,993' x =fi4'�"1,646 20,273' x = $497,646 x = $24.55/ft./yr., Lased on berth size. (Class B) 1.35 x = $33.14/ft./yr., based on }berth size. (Class A) . 6,280' x $24.55 $154,174 10,365' x $33.14 = 343.496 $497,670 Receipts (100% occupancy less commercial and fishing) ) (2) n. Formula $24.55 . 360 $33.14 360 lt,c ("onl'd) (lays: r.Iay(4 .0682 $ . 092 1 or or b. Calculation of Indirect Costs. DEPARTMENT Police Fire Sanitation Public Works Parks & Recreation Spec.Prog. & Accts. Gen. Administration Soc.Sec./Pension/Ins. APPROPRIATION $18,925.063 12,449,378 9,960,161 3,735,843 3,657, 702 7,410,072* 5,521,779 4 $56,138,219 6.80 per ft/per day based on berth size. (Class 1; 9.20 per ft/per day, based on berth size. (Class A COST/ POPULATIo CAPI'2A 350,000 = $5'1.10 350,000 = 35.60 350,000 "2.('t.30 350,000 = 16.70 350,000 = 10.50 350,000 = '1.20 350,000 = 15.80 7,909,349** - 350,000 = ?# OF INDIRECT SLIPS COSTS 425 = $22,992 425 = 15,130 425 = 12,112 425 = 4,548 425 - 4,462 425 = 9,010 425 = 6,715 22.60 x 425 = 9,605 $84,574 *Less Social Security and :)roup Insurance **Determination of Social Security/Pension/Insurance: $64,422,646 Total Gereral Fund Departments 1,191,698 Publicity « Tourism 1,832,659 Street Light:inF3 3,237,205 Public Facilities 657,133 Golf Courses 231,197 )'ayfront Auditorium 4,932 Property Mi-magement 12, 113 373 General Ot,l i.gat.ion Bonds $83,695,843 $56,138,219 $83,695,843 = 67% Soc.Sec./Pension,/Ins. $11,o04,999 x 6 A _ $7,909,349 Total adopted 1975-7:. City Operating Budget is $92,932,761 $84,574 $92,932,761 .00091 or .0009 (Rounded) .0009 x, 92,932,71 = $83,639 c. Berth Class. Size -Berth Location Class B (inner Key and Dinner Key Annex) 30' D.K., i' Head :. Picr. 1 35' D.K., Pier 4 40' D.K., Pier 1 30' Annex 35' Annex 40' Annex 50' Annex 65' Annex -39- 00408 (a)(2)c. Berth Desirability (Dinner Key & D.K. Annex) Cont'd, Class A 40' D.K., Piers 3 & 4, Pier 1 inside "`I'" Head 45' U.K., Pier 3 50' D.:C. , Piers 2 & 5 65' D.X., Piers 2 & 5 80' D.K., Pier 5 85' D.K., Pier 2 45' D.K. "T" Heads 1, 2 & 4 85' D.K. "T" Heads 2 & 5 d. Monthly Rental Calculation Daily Class B Monthly Rounded (to nearest $5.00) Dinner Key 30' x .068 = 2.04 x 30 days = $ 61.20 $ 60.00 35' x .068 = 2.38 x 30 days = $ 71.40 $ 70.00 40' x .068 = 2. 72 x 30 days = $ 81 . 60 $ 80.00 Annex 30' x .068 = $2.04 x 30 days = $61.20 $60.00 35' x .068 = $2.38 x 30 days = $71.40 $70.00 40' x .068 = $2.72 x 30 days = $81.60 $80.00 50' x .068 = $3.40 x 30 days = $102.00 $100.00 65' x .068 = $4.42 x 30 days = $132.60 $135.00 Class A Dinner Key 40' x .092 = $3.68 45' x .092 = $4.14 5C' }: .092 = $4.60 65' x .092 = $5.98 80' x .092 = $7.36 85' x .092 = $7.82 x 30 days x 30 days x 30 days x 30 days x 30 days x 30 days = $110.40 = $124.20 = $138.00 = $179.40 _ $220.00 = $234.60 $110.00 $125.00 $140.00 $180.00 $220.00 $235.00 (b) In addition, 20% of the Class A or Class P_ rate will be assessed tenants whose vessels occupy berths in the berthing areas unless the tenants during the entire term of the Dockage Agreement and any renewal thereof (i) reside elsewhere within the City of Miami; or (ii) own real property within the City of Miami upon which ad valorem taxes are assessed and paid for the then calendar year. The herein 20% surcharge will be paid unless tenants who are either residents or taxpayers of the City of Miami, as aforesaid, present satisfactory proof of such residence or such ownership and payment upon request therefor. In support of claim for exemption, a tenant may present the following: a tax receipt or assessment notice in his name as owner of said real property, a voter's registration card, a signed and notarized affidavit as proof of residence or taxpayer status. -40- 550-7fi' (Cont'd) (c) The dockage rates at Dinner Key Marina and Dinner Key Marina Annex, for transient vessels, shall be a flat rate of 250 per foot per day, based on overall size of boat. (d) The dockage rate for the following slips at Dinner Key Marina shall be a flat rate of $30 per month per slip: bait and shrimp fishing vessel, rental sailboat, charter vessel, all other commercial vessels. Such vessels docked alongside the bulkhead at the southwesternmost corner of the Dinner Key Marina shall pay at a flat rate of 3¢ per foot per day. (e) All dockage fees at Dinner Key Marina are due and payable in advance. Monthly dockage fees, based on a 30-day month, are due and payable in advance on the first day of each month and shall be considered delinquent if not paid on or before the tenth of the month. De14.nquent accounts shall Le subject to an automatic and progressive 5% delinquency charge. Also, tenants who are delinquent for a period of 10 day:: in payment of dockage fees shall be notified by mail and, if payment is not made within an addi- tional 15 days, the City shall have the right to revoke his Dockage Agree- ment, Lease Agreement, Certificate of Convenience and Necessity, or other pertinent document(s) and to reassign the berth and, if the vessel is still occupying the berth, to impound the vessel in accordance with the procedure for impounding vessels as specified in Sections 50-41, 50-41.1, and 50-41.2 of this Chapter. Section 50-79. SAME - MIAMARINA RATES (a) The dockage rates at Miamarina, for boats not used commer- cially, shall be annually computed and applied in accordance with the following formula. The rates thus generated shall be computed to a monthly rate, based on a 30-day month, and the said monthly rate shall then be rounded to the nearest $5.00 figure to achieve the actual monthly dockage fee amount. The dockage rates thus generated shall be levied on the first day of the month following final adoption of this ordinance and shall be levied each subsequent year, on the first day of January next following adoption of the annual budget ordinance. 1/ (1) Formula. TC* = D + .00045B + 85,000 (i' - i + 1) *TC = Total Cost 1/ Of necessity, the CPI factor cannot be applied until end of first year 111111II1111II'111II 5509 (a) (1) Formula, (Cont'd) a, Where: D = Budget for Miam.ririha plus f contrihut iori of the office of the Di t •'c! ear of the Department. of Public i'•: i l i t i s. Where: B = The tot City Operating Budget (.00045 cor tri- bution to the cost of municipal support services provided to Miamarina �j the City of Miami) c. Where: $10,000 is for Contingerc•,' $75 , 000 is for Reconstruction and Replacement i' = CPI for 12 mo. ave. ending June of current yr. i C?I for 12 Flo. avg. ending June 1975 Operating Costs of Commei cinl c;lips - t!ased on the total number of dockage feet: for commercial as ercent of the total footage (t 00' commr'r, • . i 1 7 1 1301' tot: dockage feet_ - 1;.rt,;) . Therefore, the total cost of operating and Taint! ning N1iamaiina less commercial is: TC' = TC - .159TC therefore: TC' = .841TC or: TC' _ .841 D + .00045B + 85000 (i.' -i + 1) 1 i To determine the appropriate rental charges for Miamarina based on total operating and maintenence costs less commercial the following formula applies: RB' 13,539 (360) •1' c 4,374,040 RA' 1.5 R[3' RB' = Rent revenue/.ft/day of berth size RA' = Rent revenue/ft/da; of berth size (Class B) (Class A) (2) Example: (utilizing figures from the adopted 1975-76 City Budget) a. Formula Use. DIRECT COSTS Miamarina $262,249 ($221,037 + 41,212) Director's Office Share 14, 1.90 Total Direct Costs $276,439 $276,439 INDIRECT COSTS: (Police,Fire,Sanitation,etc.) Contingency Reserve Reconstruction Reserve Total Miamarina O}-erating Costs Commercial Operating Costs Total Miamarina Costs Tess Commercial 41 , 820* 10,000** 75,000*** $403,259 -64,118**** $339,141 *These indirect costs were arrived at by a per capita (350,000 pop.) allocation of FY'76 Budget Expense as set forth in the City of Miami 1975-76 budget, by the departments as appropriate. 550"79, (a) (2)a. Formula Use :corn 'c") Department **For hrepr.at ion lu forr_• t e toratidn after eti.ere-(enr. ies such as hurricane._, c•' e•. ***Reconstruction average berth, raolldrs , would would cot $ i , 4 e , 000. Reserve - '.,.,::. .1 on assumption that an t r: 14, r'`171•ae•C'd ; n (.ociriys cost $.; ,r 00. ;'o re pL,lcr i11 t,er.t.hs ($ 7 , (J i i v 208 slips) If this cost were to be a► :.ocat(d ever 7u years, the annual reserve reduhr.eme,,t ($1,456,000 = 20) would be $72,800 or essentially $7`),000/year. This does rot include the value of land, i.e., waterfro t, etc., .)ut just replace- ment costs. ****It has 1-een estimated that commercial sli s account for 15.9 , of total i costs ($403, 2 3'' x 15.9) or $64, 118. There are two classes of slips based on whether live -aboard is permitted or not permitted. Ti.: is recommended that the rent for Class A (live -aboard) slips average 50% higher.. than Class B (non live -aboard). There are 1,425 feet classified as Class 13 and 8,076 feet classified as Class 11, for a total of 9,501 feet. 1425' x + 1425' x + 8,076' (1 .5x) = $33'+,14]. 12,114' x 339,141. 13,539' x = 339,141 = $ 25.05 /ft/•yr. based on berth size. (Class B) 1.5 x. _ $37.57/ft/yr., based on berth size. (Class A) 1425' x 25.05 = $ 35,696 8076' x 37.57 = $303,415 $339,111 Approximate Receipts (100%, occupancy less commercial) $25.05 = 360 days $.06')(' or 7.0 per ft. (per day, Lased on berth size.) (Class B) . $37.57 ! 360 days - $.1 044 or 10.4 per ft (per day, lased on berth size.) (Class A) . b. Calculation of Indirect Costs. Cost/ # of Appropriation Population Capita Slips Police $18,925,063 350,000 = $54.10 x 208 Fire 12,449,37P - 350,000 $35.60 x 208 Sanitation 9,960,161 350,000 - $28.50 x 2083 ?ulA_ic Works 3,735,84 ? - 350,000 _- $10.70 x 208 PTsarks & Recreation, 3,657,702 - 350,000 = $10.50 x 20P Spec.Progs. & Accts. 7,410,072* - 350,000 = $21.20 x 208 Gen. Administration 5,521,77(71 350,000 = S15.P0 x %08 Soc. Sec. /Per, . /Ins . $56, 13� , 21'. $.,909,349** 350,000 *Less Social Security and Group Insurannce Indirect Costs = $11,253 = 7,405 5,928 2,226 2,184 4,410 3,286 $22,60 x 208 = 4,701 $41,393 **Determination of Social Security/Pension/Insurance; IIN 11111gI119111 l I III11111111PM 111111111111 III IIII 11IIIU I11I11111111111111111111111 1111111111111 -43- ,450.79, (i!) (2):,. Cr'fl.' I '(1) 1,196,69 1,832,659 3,237,205 657,133 231,197 4,932 12113,373 $83,695,843 Total ['i'1.i� i� I'.,•i into ;;t:reci. L i •1ht i 11g Pu'lli.c Fai•iJil ir;; Golf Cour.,e:; 1'ia ,bout An6itociim Property X•. r1ai;�.;, e:-t General (7)ligation Bonds $56,138,219 - 83,695,43 , 7/ Soc. Sec . /Pen/Ins . $11 , PO4 , 9 ;') x $7,909,349 The 1975-76 adopted total C i t.y operating hudget is ,2, 932, . 6l $41,393 - S92,932,761 - .0004454 jr .00045 :< 92,932, 761 - $41,620. c. Berth Classes. S i;'e Berth Location Class B. 25' 30' 40' 33C, 331, 37/ 332 Bulkhead Class A. 45' Piers A & C 60' Piers A & B 70' Pier A 75' T-head, Pier B 80' T-head, Pier C 85' Piers A & B d. Monthly Rental Calculation. Class B 25' 30' 40' x X Daily .07 $1.75 >: .n7 $2.1.0 >: .07 = $2.80 x Class A 45' x .104 = $4.6f, 60' x .104 = $(3.24 70' x .104 = $7.28 75' x .104 = $7.80 80' x .104 = $8.32 85' x .104 = $8.84 .',O days 30 Cloys 30 dn,'s x, 30 >: 30 x 30 x 30 x 30 x :30 days days days days days d,_vs -44- .00045 (Rounded) M(snt.nl.y = $'!:).50 13.00 $84.00 $140.4C $187.2C $218.40 $ 234.0C $249,60 $265.20 Pounded (to near.Qst $5.00) $50.00 65.00 W3.00 $140.00 $185.00 $220.00 $235.00 $:750.00 $ 265 .00 $50-79 (Cont'd) (b) In addition, 20% of the Class A or Class B rate will be assessed tenants whose vessels occupy berths in the berthing areas unless the tenants during the entire term of the Onckrtge Agreement and any renewal thereof (i) reside elsewhere within the City of Miami; or (ii) own real property within the City of Miami upon which ad valorem taxes are assessed and paid for the then calendar year. will be City of or such paid unless tenants who are either The herein 20% surcharge residents or taxpayers of the Miami, as aforesaid, present satisfactory proof of such residence ownership and payment upon request therefor. In support of claim for exemption, a tenant may present or assessment notice in his name as owner registration card, a signed and notarized or taxpayer status. (c) The dockage rates at Miamarina, the following: a tax receipt of said real property, a voter's affidavit as proof of residence for transient vessels, shall be at a flak rate of 250 per foot per day, based on overall size (d) The monthly dockage rates at Miamarina for non -private shall be: (1) Charter fishing boats (2) Drift fishing boats (3) Sightseeing boats (4) Charter sailboats (5) Charter sailboats (Piers D.E.F.,or (6) Other commercial vessels (e) All dockage fees at Miamarina are due and of boat. vessels, $ 75.00 per mo. $150.00 per. mo. $ 2.00 per seat $ 75.00 per mo. G) . . $100.00 per mo. as determined by Marinas Manager to be appropriate and equitable. payable in advance. Monthly dockage fees, based on a 30-day month, are due and payable in advance on the first day of each month and shall be considered delinquent if not paid on or before the tenth of the month. Delinquent accounts shall be subject to an automatic and progressive 5% delinquency charge. Tenants who are delinquent for a period of 10 days in the payment of dockage fees shall be notified by mail and, if payment is not made within an additional 15 days, the City shall have the right to revoke his Dockage Agreement, Lease Agreement, Certificate of Convenience and Necessity, or other pertinent document(s) and to reassign the berth and, if the vessel is still occupying the berth, to impound the vessel in accordance with the procedure for impounding vessels as specified in Sections 50-41, 50-41.1, and 50-41.2 of this Chapter. -45- Section 50-80 SAME - WATSON ISLAND MARINA RATES (a) The Watson Island Marina facility affords open water berthing and extremely limited services. There are no restrooms, showers, dockmaster force, or security force. ded is a berth, with electricity and some of these berths. Essentially all that is provi- fresh water available at only It was initially facility and it is anticipated that its December 31, 1976. Until that time, they have been, which is as follows: (b) created only as a temporary use will be discontinued on the dockage fees will remain as Dockage fees at Watson Island be as follows: Berths i through 26 Berths 27 30 Berths 31 43 Berths 44 47 (40' i (60') (60') (alongside) Marina for all vessels shall $2.00 per day or $36 per mo. $3.00 per day or $48 per mo. $2.50 per day or $42 per mo. $.08 per ft. per day or $.065 per ft. daily per mo. (c) Ail dockage fees at Watson Island Marina are due and payable in advance. Monthly dockage fees, based on a 30-day month are due and payable in advance on the first day of each month and shall be considered delinquent if not paid on or before the tenth of the month. Delinquent accounts shall be subject to an automatic and progressive 5% delinquency charge. Tenants who are delinquent for a period of 10 days in the payment of dockage fees shall be notified by mail; and if payment is not made within an additional 15 days, the City shall have the right to revoke his Dockage Agreement, Lease Agreement, Certificate of Convenience and Necessity, or other pertinent document(s) and to reassign the berth; and if the vessel is still occupying the berth, to impound the vessel in accordance with the procedure for impounding vessels as specified in Sections 50-41, 50-41.1, and 50-41.2 of this Chapter. ARTICLE IV - NON -CONTAMINATION OF CITY WATERS: Section 50-81. DISCHARGING AND DEPOSITING OF REFUSE AND i'kODUCM : It is unlawful for any oerson to discharge or deposit, or pass in or onto the water of the City of Miami, any refuse or residuary product of petroleum, asphalt, bitumen, or other carbonaceous material or substance. -46• S+ ct.ion 50-82. ACCUMULATION or DRIFT MATERIALS PROHIIBITED; ft tihal 1. hr unlawful for any o,,,r,c•r, lessee- or accent of 'any wharf or slip or c,rivat e channel the City l o allow de1,r i s to be accumulation by winc3, tide, or for ary ot:hcer c.;use whatso- ever, within the area of his cwnership or lease. Section 50-83. :ZESTRIC7IONS OF USE OF ' 0:.:L4ET - : HHOWER FACILITIES ON BOATS AT CITY MARINAS: It shall be unlawful to utilize at any City Mari:las any toilet or shower facilities on boats which are not equipped in accordance and compliance with federal regulations on waste disposal. Violation, of this Section shall result in termination of all contracts obtained pursuant to this Chanter and shall result in the expulsion from all City -owned Marinas. Section 50-84. DISPOSAL OF GARBAGE WASTE AND REFUSE INTO CITY WATERS OF MARINAS OR YACHT BASINS: It shall be unlawful for any person to throw trash or Isar►gage into the waters of City Marinas or yacht basins. Garbage and trash shall be placed in containers in a designated location at or near the City docks. Section 2. The effective date of this Ordinance shall Section 3. A11 Ordinances, code sections, or parts thereof in conflict herewith are hereby repealed. Section 4. If any section, sentence, clause, phrase, or word of this Ordinance is for any reason held or declared to }�e unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance; and it shall he construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such uncon- stitutional, invalid, or inoperative part therein; and the reirwin der of this Ordinance, after the exclusion of such rprt or pr't,, -47- 4 shall be deemed and held to be valid as if such parts had not been included therein. PASSED on first reading by title only this day of , 1976. only this day of ATTEST: CITY CLERK PREPARED AND APPROVED BY: i, ..--61-r,Y N ffti OBERT F. CLARK, Asst. City Atty. APPROVED AS TO FORM AND CORRECTNESS: JOIiN S. LLOYD - City Attorney PASSED AND ADOPTED on second and final reading by title , 1976.