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Home My WebLink AboutOrdinance 2022-587ORDINANCE 2022-6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 108-10 "PERMIT CONDITIONS" OF CHAPTER 108 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES, ENTITLED "BEACHES", TO REQUIRE PERMITTEES TO MAINTAIN THEIR RESPECTIVE BEACH CHAIR PRE-SETTING AREA, AND THE AREA IMMEDIATELY SURROUNDING THE BEACH CHAIR PRE-SETTING AREA, FREE OF JUNK, GARBAGE, TRASH, LITTER, DEBRIS OR OTHER REFUSE MATERIAL; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article II "Beach Chairs" of Chapter 108 "Beaches" of the Code of Ordinances ("Code") of the City of Sunny Isles Beach ("City"), was established to ensure that the placement of private beach chairs and equipment on publicly owned or controlled beach areas complies with the aesthetic objectives of the City and preserves the health, safety and welfare of the residents; and WHEREAS, pursuant to Section 108-9 of the Code, it is unlawful for any Owner, as defined in Article II, to place a beach chair or equipment on publicly owned or controlled beach area within the City without first obtaining a permit; and WHEREAS, as part of the permitting and approval process, the City issues a document entitled "Beach Chair Pre -Setting" to the Owner which provides the specific location and manner in which beach chairs and/or equipment may be placed; and WHEREAS, the concentration of beach chairs and corresponding use by patrons of said chairs has resulted in litter accumulation on the beach, including but not limited to plastic beverage bottles, cigarette butts, food wrappers, caps/lids, and plastic bags; and WHEREAS, because the Owners exercise control of their respective Beach Chair Pre - Setting areas, and in exchange for the privilege of having a beach chair permit, the Owners should be responsible for maintaining said area free of junk, garbage, trash, litter, debris or other refuse material, as a condition of their permit; and WHEREAS, in order to preserve the health, safety and welfare of the residents, the City wishes to add an additional permit condition to provide that Owners shall be responsible for maintaining their Beach Chair Pre-setting area, and the area immediately surrounding the Beach Chair Pre -Setting area, free of junk, garbage, trash, litter, debris or other refuse material. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' I Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as StFikethmugh. 02022 Beach Chair Permits Page 1 of 4 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. Amendment to Chapter 108 of the City Code. Chapter 108 of the City Code is hereby amended to read as follows: ARTICLE II - Beach Chairs § 108-10. Permit conditions. The following conditions shall apply to the placement of beach chairs and equipment: A. Placement of beach chairs and equipment. Beach chairs and/or equipment shall be placed solely in the specific locations and manner provided for in the "Beach Chair Pre -Setting" diagram as issued by the City to the owner pursuant to the permit approval process. The Beach Chair Pre - Setting diagram may be amended as needed by the City Manager or designee at his/her discretion. B. Maintenance of beach chairs and equipment. The owner shall be responsible for ensuring that the beach chairs and equipment are maintained in good condition, free from evidence of deterioration, weathering, and discoloration, at all times. C. No obstruction to general public. Beach chairs and/or equipment shall be deployed in a manner that will assure public access and will encourage public use of the beach. The denial or impediment of public access, or placement of beach chairs and equipment in a manner not consistent with the Beach Chair Pre -Setting diagram, shall be cause for a violation of this Article. D. No obstruction to emergency response path. The placement and/or use of beach chairs and equipment shall not obstruct the view of the lifeguard or the emergency response path for emergency personnel. Any request from a Code Enforcement Officer, Police Officer or lifeguard to relocate any items that obstruct the view shall be complied with immediately. No beach chair or equipment can be placed beyond the permitted location. E. Storage during declared emergency required. In the event of a tropical storm warning or hurricane watch issued by the National Weather Service, the owner or his/her designee shall immediately remove, or cause to be removed, the beach chairs and equipment. In the event of a declared state of emergency, the City Manager or designee may by providing at least eight hours' notice issue a warning to the owner to remove and secure the beach chairs and equipment. If the applicant fails to remove the beach chairs and equipment within the required period, the City, at its option, may remove the beach chairs and equipment from the public beach. The applicant shall be jointly and severally liable for all costs incurred by the City for the removal of the beach chairs and equipment under these circumstances. @BCL@A4094D30.docx Page 2 of 4 F. Maintenance of Beach Chair Pre -Setting Area. The owner shall maintain or cause to be maintained the Beach Chair Pre -Setting area, and the area immediately surrounding the Beach Chair Pre -Setting area, free of any funk, garbage, trash, debris or other refuse material. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED AND ADOPTED on first reading this 15kday of September 2022. PASSED AND ADOPTED on second reading this?ay of October 2022. ATTEST r Maurihio $etanc�r, CMC, City Clerk Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEG L-SUT fC CY: ward A. Dion, City Attorney @BCL@A4094D30.docx Page 3 of 4 First Reading Motion: es wssiai✓ I/ w Second: Second Reading Motion:��I��SS/0/vC� G�fi Second: (j(,f (SS/O/✓�G�.��C Vote on First Reading: Mayor Goldman (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Vote on Second Reading: /Yes) Mayor Goldman (No) Vice Mayor Viscarra Yes) (No) Commissioner Joseph Y s) (No) Commissioner Lama es) (No) Commissioner Stuyvesant (Yes) (No) @BCL@A4094D30.docx Page 4 of 4 F r- L0 4 Cfr" O£ 5014 h�4 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Dana Robin Goldman, Mayor DATE: October 20, 2022 RE: Ordinance re: Beach Chair Maintenance RECOMMENDATION: This Ordinance is presented for your consideration. REASONS: To be Submitted. ATTACHMENTS: Ordinance Item Number: 9.A