Ordinance 2025-642 - Laserfiche WebLink

Home Browse Search

Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Creating Chapter 187 of the Code of Ordinances. Chapter 187 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled, "Vessels and Waterways," is hereby created as follows: Chapter 187 — Vessels and Waterways ARTICLE I — Restrictions on Anchoring; Exemptions; Enforcement, and Penalties §187-1. Definitions. COMMERCIAL FISHING VESSEL means a vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to Section 379.361, Florida Statutes, from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale to the consumer or to a retail or wholesale dealer. COMMERCIAL VESSEL means a vessel used as a place of business or a professional or other commercial enterprise. FLOATING STRUCTURE means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility: a storage or parking facility; or a mining platform, dredge, dragline, or similar facility or entity represented as such. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. LIVE -ABOARD VESSEL means: (a) a vessel used solely as a residence and not for navigation; (b) a vessel for which a declaration of domicile has been filed pursuant to Section 222.17, Florida Statutes; or (c) a vessel used as a residence that does not have an effective means of propulsion for safe navigation. A commercial fishing vessel is expressly excluded from the term "live -aboard vessel." REPEAT VIOLATION — A violation of a provision of the City's Code by a person who has been Previously found through a Special Magistrate or any other quasi-judicial or iudicial process, to have violated or who has admitted violating the same provision within 5 Vears prior to the violation, notwithstanding the violations occur at different locations. A repeat violation can occur only after correction of the previous violation has been made. VESSEL is _synonymous with boat as referenced in Section 1(b), Article VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a @BCL@F415DDCFCreating Chapter 187 Page 2 of 5 87