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HomeMy WebLinkAboutOrdinance 2005-237 ORDINANCE NO. 2005- ~ 31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING SWIMMING AND FISHING DURING DANGEROUS WATER CONDITIONS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; EST ABLISHING A REQUIREMENT FOR THE POSTING OF BEACH ADVISORY WARNINGS IN VISIBLE AREAS IN LOCAL HOTELS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Breux v. City of Miami Beach, 2005 WL 673649, the Florida Supreme Court expanded governmental tort liability associated with the use of public recreational areas which include public beaches; and WHEREAS, the City has the authority to close the beach under its traditional police power; and WHEREAS, it has been determined that riptides and other dangerous water conditions have caused numerous drowning deaths in the South Florida area; and WHEREAS, the City of Sunny Isles Beach has provided lifeguard services to improve water safety within the boundaries of the City; and WHEREAS, it has been determined that patrons and visitors have continued to swim or fish despite dangerous water conditions or warnings from lifeguards; and WHEREAS, government agencies have developed a uniformed flag warning program to be used at beach communities around the state; WHEREAS, the uniformed flag warning system is composed of color coded flags to warn patrons and visitors of hazardous conditions at local beaches; and WHEREAS, the City Commission wishes to protect the general welfare of its residents and visitors by adopting this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 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 by this ordinance upon hereof. Ordinance Prohibiting Swimming And Fishing Page I 01'4 Section 2. Purpose and Intent. It is recognized that during certain periods of time, as a result of a combination of environmental conditions, dangerous riptides and undercurrents occur in the ocean surf making ocean conditions unsafe for swimmers. In order to protect people form theses hazards, the City of Sunny Isles Beach has implemented a beach advisory warning system that is designed to warn individuals of such conditions. People who ignore this warning system endanger not only their own life, but also that of the public officials who charged with protecting them. Therefore, these individuals shall be held accountable for their actions. The City Commission deems it necessary to prohibit swimming during a dangerous water conditions. It is also recognized that during certain periods that shark attacks have occurred on a regular basis in coastal communities. It has been determined that fishing bait is an attractive meal for sharks. To protect swimmers near the fishing pier from possible shark attacks, the City of Sunny Isles Beach must prohibit fishing at the pier during dangerous water conditions. This Ordinance shall be applicable through out the City of Sunny Isles Beach. Section 3. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this Section except where the contract clearly indicates a different meaning. a. City Manager means the City Manager of the City of Sunny Isles Beach b. Code Enforcement Department means the Code and Licensing Department of the City of Sunny Isles Beach. c, Double Red Flag means that beach or water is closed to the public. d. Governmental agency means an agency and/or department from the state, Miami- Dade County, federal government, and City of Sunny Isles Beach. e. Green Flag means that water conditions are calm, however. SWImmers must exercise caution. f Hotel means a hotel as defined in the land development regulations of the City of Sunny Isles Beach. g. Police Department means the police department of the City of Sunny Isles Beach h. Purple Flag means that dangerous marine life is present in the water such as jellyfish, sea lice or man-of-war. Ordinance Prohibiting Swimming And Fishing Page 2 01'4 1. Red Flag means that conditions exist which are favorable to the development of dangerous rip currents, undertow of surf conditions which could be hazardous and pose a danger to the life of anyone entering the ocean which such conditions exits. j. Yellow Flag means that the surf and/or currents are moderate. Section 4. Prohibition on Swimming and Fishing. Upon declaration of a governmental agency that dangerous water conditions exist in the Sunny Isles Beach area, the City Manager or designee is authorized to prohibit swimming and fishing until such time that it has been determined that the dangerous water conditions have abated. During such periods, in which swimming is prohibited, the red flags will be raised to indicate that swimming is prohibited at the beach. Notwithstanding the forgoing, the City Manager or designee is authorized to prohibit swimming and fishing in the Atlantic Ocean if it is determined by the police department or life guards that dangerous water conditions exist. The prohibition shall remain until the dangerous conditions are abated. No surfing or water skiing shall be permitted if dangerous water conditions exist. Except in designated areas, no person shall fish in the Atlantic Ocean by use of hook and line, seine, trap, spear gig or other device. Section 5. Enforcement and Penalties. The City Code Enforcement Department shall be responsible for enforcing this Ordinance. The City may impose a civil penalty of $250.00 for each violation. In addition, a violator may be subject to arrest by the police department for failing to obey the red flag warning system if dangerous water conditions exist and lawful order to evacuate the waters has been issued. Section 6. Posting by Local Hotels. The owner or operator of a hotel within the City shall post and prominently display the beach advisory warning flags and the prohibitions set forth in Sections 4 and 5 above, and it shall be a violation of this section for the owner or operator to fail or refuse to post the beach advisory warning flags and the prohibitions stated herein within each rental unit or in a visible area in the lobby of the hotel. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8 . Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 9. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Ordinance Prohibiting Swimming And Fishing Page3of4 Section 10. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the ~ day o~ ' 2005. PASSED and ADOPTED on second reading the J'-\.k day ofOc...-bbe..Y ,2005. ~~~ orman S. Edelcup, Mayor ATTEST: ~ ~'A'~ Jan~ A. Hines, City.'Clerk APPRO ":ED AS TO FORM AND L FICIENCY Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Ordinance Prohibiting Swimming And Fishing Moved by: ~)W'r(\ISS.ID1Jae.. ~~'2.J ~ Seconded by: G~t101\W- ~L~<;tA-S t:}Y es) (Yes) t/{'Yes) ';:/Yes) _(Yes) (No) (No) (No) (No) _(No) Page 4 01'4