HomeMy WebLinkAboutOrdinance 2025-642ORDINANCE 2025 - &I-Z -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, CREATING CHAPTER 187 OF THE CODE OF ORDINANCES OF THE CITY
OF SUNNY ISLES BEACH, ENTITLED, "VESSELS AND WATERWAYS," TO ESTABLISH
REGULATIONS FOR THE ANCHORING OF CERTAIN VESSELS UPON THE CITY'S
JURISDICTIONAL WATERS; PROVIDING FOR IMPLEMENTATION, REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 327 of the Florida Statutes is known as the "Florida Vessel Safety
Law;" and
WHEREAS, the City of Sunny Isles Beach ("City") attracts residents and visitors from
around the world, including boating enthusiasts operating vessels of all types, who enjoy the
water quality and amenities that the City's jurisdictional waters and waterways offer; and
WHEREAS, unregulated and unmanaged long-term anchoring may pose a threat to the
health, safety and welfare of the residents of the City, including its boaters and vessel owners,
due to the potential discharge of materials detrimental to water quality and public health and
threats to protected aquatic flora and fauna, including seagrasses; and
WHEREAS, unregulated and unmanaged long-term anchoring upon the waters of the
City, prevents others from using the waters of the City, poses hazards to navigational safety,
and may endanger public and private marine infrastructure such as docks, piers, seawalls and
bridges, especially before and during storms; and
WHEREAS, during the 2025 Florida Legislative Session, the Florida Legislature amended
Section 327.60(2)(f), Florida Statutes, therein authorizing counties with a population of more
than 1.5 million, including municipalities within those counties, to regulate overnight anchoring
within the waters of their jurisdiction, as prescribed therein; and
WHEREAS, the City lies entirely within Miami -Dade County, a County with a population
greater than 1.5 million, and is therefore eligible to enact an ordinance to regulate the
anchoring of certain vessels upon the City's jurisdictional waterways, pursuant to Section
327.60(2)(f)(3), Florida Statutes;
WHEREAS, the City Commission finds it to be in the best interest of the public, health,
safety, and welfare of the citizens to adopt this Ordinance and to create Chapter 187 of the
Code of Ordinance, and to establish regulations regarding the anchoring of certain vessels in
the City's jurisdictional waters:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:'
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline. deletions on first reading are shown as StFil(ethFaugh and deletions on second reading are shown
as .
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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
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seaplane on the water, used or capable of being used as a means of transportation on water.
Floating structures are expressly excluded from the definition of the term "vessel."
§187-2. Restriction on Overnight Anchoring
A. No vessel shall be anchored anywhere within the Sunny Isles Beach jurisdictional waters
for a period of 1 hour or more between one-half hour after sunset and one-half hour before
sunrise for more than 30 days in any 6-month period.
B. Live -aboard vessels, floating structures, and commercial vessels, excluding commercial
fishing vessels, are prohibited from anchoring anywhere within the Sunny Isles Beach
iurisdictional waters at any time.
§187-3. Exemptions
The following vessels are not subject to the restrictions set forth in §187-2(A) pertaining to
overnight anchoring within the Sunny Isles Beach iurisdictional waters:
A. Vessels anchored within the boundaries of a marked mooring field.
B. Vessels anchored overnight for the purpose of completing permitted marine
construction, installation, or maintenance work.
C. Vessels owned by a governmental entity or otherwise operated at the request of
a governmental entity for a governmental purpose.
D. Commercial fishing vessels as defined herein and in Section 327.02, Florida
Statutes.
§187-4. Enforcement: Penalties for Violation: Appeal.
A. The provisions of this Chapter shall be enforced by the Sunny Isles Beach Police
Department, the Sunny Isles Beach Code Compliance Department, or any law enforcement
agency having jurisdiction within the iurisdictional waters of Sunny Isles Beach, in the manner
and pursuant to the procedures prescribed in Chapter 14, City Code of Ordinances.
B. Fines. The owner of a vessel found to be in violation of this Chapter shall be subject to the
following fines:
1. $250 fine per day for a first violation;
2. __$500 fine per day for a repeat violation.
C. Removal, Towing, Impoundment, Disposal.
1. Prior to and until a Special Magistrate's determination, the vessel alleged to be in
violation of this Chapter shall not be towed or impounded, but fines shall continue
to accrue so long as the vessel remains anchored in violation of this Chapter.
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2. If the Special Magistrate upholds the violation, and the vessel is not removed
within the prescribed time ordered, the vessel may be removed, towed and
impounded by the City or its contractor to the nearest licensed marine facility, in
accordance with this section and applicable law, until such time as the vessel
owner or lienholder retrieves the vessel after paying all costs associated with the
removal, towing and impoundment, along with all accrued fines owed to the City.
3. If no vessel owner timely appeals the Special Magistrate's order(s), or all appeals
from the Special Magistrate's order(s) have been exhausted, and the vessel owner
or_lienholder has failed to retrieve the vessel from the impoundment facility within
ninety (90) days thereof, the City or its contractor may dispose of the vessel in
accordance with applicable law.
D. Provisions contained herein are supplemental. Nothing contained herein shall prohibit
the City from enforcing this Chapter by any other means, including pursuing any other
remedies available at law or equitable relief. The enforcement procedures outlined
herein and in Chapter 14 are cumulative to all others and shall not be deemed to be
prerequisites to filing suit for the enforcement of any section of this Chapter.
E. Contractors; License and Insurance Required. A contractor performing removal, towing,
or impoundment services pursuant to this Chapter shall:
1. be licensed in accordance with United States Coast Guard regulations. as
applicable:
2. obtain and carry a current insurance policy issued by a licensed insurance carrier
in this state to insure against any accident, loss, injury, property damage, or other
casualty caused by or resulting from the contractor's actions: and
3. be properly equipped to perform such services.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
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 but shall remain in full force and effect.
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 immediately upon adoption
at second reading.
PASSED AND ADOPTED on first reading this 6ay of October 2025.
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PASSED AND ADOPTED on second reading this day f November 2025.
Larisa Svechin, Mayor
r, CIVIC, City Clerk
First Reading
Motion:,
.�/
Second: jhC, k"de
LA-1-(A
"
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
lain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading
Motion: � /S51 - �� j
Second: 6 UPS 1
Vote on First Reading:
Mayor Svechin
(Yes)
(No)
Vice Mayor Lama
- (Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
Vote on Second Reading -
Mayor Svechin C��S►�
Vice Mayor Lama /
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
(Yes) (No)
✓ (Yes) (No)
(Yes) (No)
Yes) (No)
(Yes) (No)
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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: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney
DATE: November 20, 2025
RE: Ordinance Creating Chapter 187 in the City's Code of Ordinances, titled
"Vessels and Waterways"
RECOMMENDATION:
Adopt the ordinance.
REASONS:
The attached ordinance proposes the creation of Chapter 187 of the City's Code of Ordinances to
establish regulations governing the anchoring of certain vessels within the City's jurisdictional
waterways. This is pursuant to Section 327.60(2)(f), Florida Statutes, as amended during the 2025
Legislative Session, which permits municipalities within counties of over 1.5 million residents, such as
Miami -Dade County, to regulate overnight anchoring in their waters.
The ordinance is intended to address the growing concerns associated with unregulated long-term
anchoring, including threats to water quality, public health, navigational safety, and marine
infrastructure. By adopting this ordinance, the City aims to preserve the environmental integrity of its
waterways, protect aquatic habitats, and ensure safe and equitable access for all users.
ATTACHMENTS:
Ordinance
Item Number: 8.0
85