HomeMy WebLinkAboutOrdinance 2006-252
ORDINANCE NO. 2006- 2.. 52
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
REQUIRING MARINA OWNERS AND OPERA TORS
TO INSTALL AND MAINTAIN A SAFETY FENCE OR
RAILING LINING THE PERIMETER OF ALL DOCKS
LOCATED ADJACENT TO A WALKWAY;
PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
HEIGHT LIMITATIONS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, marinas within the corporate limits of the City of Sunny Isles Beach are not
providing security enclosures to protect the general public against accidental falls into the waters
which can lead to serious injury or even death, thereby endangering the public's safety; and
WHEREAS, the City Commission wish to adopt legislation that requires the installation
of a safety fence or railing at all area marinas as a safety barrier to ensure the general public's
safety.
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 adoption hereof.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach,
Florida finds and determines that the docks within the City limits are not enclosed to insure the
general public's safety, thereby increasing the possibility of accidental drowning and
endangering the general public. This Ordinance is intended to serve as the minimum required
safety mechanisms for all docks within the City's jurisdiction.
Section 3. Definitions. For the purposes of this Ordinance, the following words, terms and
phrases shall have the following meaning:
(a) City Manager means the Manager of the City of Sunny Isles Beach.
(b) Fence means a structure for enclosure or screening.
(c) Marina means a waterfront facility whose principal use is the provision of publicly
available services for the securing, launching, storing, servicing, repairing or sales of
02006-252 Marina Docks Seeurity Fence Requirement
Page I of3
water craft or other marine equipment. A facility for short-term or long-term
docking that is ancillary to other land uses is not a marina.
(d) Walkvvav means a path designated for pedestrian use and separated from the
through lanes for motor vehicles by space or barrier.
Section 4. Marina Fence Required. It shall be the duty of marina owners and operators
operating within the corporate limits of the City of Sunny Isles Beach to install and maintain a
fence made of aluminum or other materials of similar quality and design to enclose and secure
the perimeter and all entry points of all boat docks located within their respective marina. Barbed
wire and chain link fences are prohibited.
Section 5.
Height Limit. The minimum permitted height for marina fences is five (5) feet.
Section 6. Permit Required. A permit is required for the construction or erecting of all
marina fences. All marina owners and operators shall apply for a permit to construct or erect a
fence no later than sixty (60) days after the adoption date of this Ordinance. All requests for
marina fences shall be submitted to the City Manager or designee, for review and approval,
accompanied with a set of plans that identifies the site/location of the proposed fence and the
quality and design of the materials to be used.
Section 7. Penalties. Failure to comply with this ordinance shall subject marina owners and
operators to the penalties prescribed in section 162.22 of the Florida Statutes, as well as Code
Enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or
repetitive violation.
Section 8. 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 patio
Section 9. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a pati of the code of the
City of Sunny Isles Beach, Florida; and 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 10. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 11. Effective Date. This Ordinance shall be effective ten (10) days from adoption on
second reading.
02006-252 Marina Docks Security Fence Requirement
Page 2 of3
PASSED and ADOPTED on first reading the ~day of F~~~tAA(cY, 2006.
PASSED and ADOPTED on second reading the 1l...-L.Jtday of J'Y\pArJv ,2006. .
. ATtEST:
"~4.~
Jane A. Hines, CMC, City Clerk
.' ;
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Moved by: (1YYWr\\ SS I 0 AJt.U2. ~ Act-ct-.iC...
Seconded by: Gl-y\I\ooV\A..S~\bl\,)E.R X6Lz..S'~
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Thaler
Commissioner Goodman
Commissioner Iglesias
v (Yes)
~Yes)
_ (Yes)
~( Yes)
~Yes)
_(No)
_(No)
_(No)
_(No)
(No)
Marina Security Fence Ordinance
Page3of3
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
MEMORANDUM
TO: Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator of Building, Code & Licensing
Elena Del Campillo, Planning and Zoning Technician
(). lAJ a)Alj)
FROM: Priscilla Walker, Deputy City Clerk r.
DATE: March 22, 2006
RE: Ordinance Requiring Fencing/Railing for Marinas
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
At its regular meeting of March 16, 2006, the City Commission adopted Ordinance No. 2006-
252, which requires the installation of fencing or railing around certain marina docks. Attached
is a copy of the ordinance for your files.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
Marina Fence Or Railing Installation Req Ord Trans Memo
OF SUN
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Holl
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman. Commissioner
Danny Iglesias, CommissIOner
Lewis J. Thaler, Commissioner
Chief Fred Mans. Interim City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission
Vice Mayor Roslyn BreZinJ'\::(~f~./'i.-li; L.. ." , . ~~
0/)" ?' ~~r
-----
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I
February 16, 2006
Ordinance Requiring the Installation and Maintenance of Marina Security
Fences
RECOMMENDA TION
This Ordinance is being presented for your consideration and approval.
REASONS
In response to Issues raised at the last City Commission meeting, January 19, 2006, this
Ordinance was revised to address the items discussed. This Ordinance will apply only to
commercial marinas.
RB/pr
City Commission
i\'fanna Security Fences
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NEIGHBORS CALENDAR
Wednesday; Miami Beach Jewish
Community Center, 4221 Pine Tree
Dr., Miami Beach; free.
30S-673-6060.
FOR SINGLES
Candlelight Singles: Ages 23.65, mix.
meet, mingle, dine and dance by can-
dlelight: 7:30-11 p.m. Saturdays:
6:30-10 p.m. Mondays; Bahama
Breeze, 12395 SW 88th St., Miami;
$50 registration, plus dinner. Reser-
vations required, 1-800-431-24" or
www.candlelightsingles.com.
Our Lady of the Lakes: Meets twice a
month at various restaurants for din-
ner and other activities for singles 35
and older. Call Haydee at
30S-883-0579 or 305-SS8-2202
ext. 505 for more information.
Parents Without Partners: Activities
for single parent families including
dances and classes; 12256 SW 128th
St., West Mjami~Dade; cost varies.
30S-2S1-2819:
. All ages line dance class: 7:45.10
p.m. Tuesdays; $5, tree for kids 16 and
under.
. Dance tor singles with OJ musical
requests: 9 p.m..l a.m. Saturdays; $9,
$7 members.
Professional Singles Group: Nonde.
nominational group tor people 25.45;
meets at various locations in Miami;
Friday and Saturday evenings.
786-683-0223 or 30S-318-1941.
Single Gourmet: Gatherings for sin~
gles to mingle and dine in area rest au.
rants; call for location and registra-
tion; 7 p.m. Fridays. 305~371.8717.
Vegetarian Singles Club: Nonprofit
organization and community service
club meets at various times on vari.
ous Sundays; Skylake Recreation
Club, 18654 NE 18th Ave., North Miami
Beach. Call Bennett at
30S-949-09S0.
FOR THE DISABLED
After School For Youths: Program for
children ages 6 to 18 helps improve
literacy and social skills; activities
include adaptive sports, arts and
crafts and field trips; program is open
for children with physical and devel-
opmental disabilities; through May
24' free'
. Tami~mi Park, 11201 SW 24th St.,
Miami. Call Arlene at 305.222.2128.
Community Committee for Develop-
mental Handicaps. Inc. (CCDH):
Helps people with developmental dis-
abilities and aids their families in
accessing services and support; free.
30S-S96-1160.
Miami Beach Guild for the Blind: For
blind and visually impaired persons;
features guest speakers, entertain-
ment and lunch; noon-2:30 p.m. sec-
ond Fridays; 21st Street Recreation
Center, 2100 Washington Ave., Miami
Beach; free. 954-435-1907.
Wheelchair Tennis Program: Ages 12
and older and of all skill levels; 9-11
a.m. Saturdays; Big Five Tennis Club,
9299 SW Seventh Ter., West Miami-
Dade; free. 305-234-4948.
GETTING INFORMED
Building Bridges Workshops:
Workshop II, Effective public speak.
ing and politicaJ role play; 9 a.m.-4
p.m. March 11; Miami River Jnn, 118 SW
South River Dr., Miami; free; includes
lunch and certificate of completion.
786-271-6982 or www.unitycoali
tion.org.
Community Development Block
Grant Proposal Workshop: Teaches
proposal process for public service,
economic development. and housing
grants for applicants; 2.4 p.m. March
8; Miami.Dade Housing Agency, 1401
NW Seventh St., Miami; free. Call LiJ-
lian Blondet at 305.416-2172.
Go Native! Guidebook: Pocket guide
to replanting yards after hurricane
season, distributed free at any of the
13 city of Miami Neighborhood
Enhancement Team offices through.
out Miami Dade; through March 31.
30S-648-0000.
Hearst Lectures: Free lectures by
staff, faculty and visiting experts; pre-
sented by flU School of Journalism
and Mass Communication; Florida
International University-Biscayne Bay
Campus, 3000 NE 151st St., North
Miami; free. Call Jody Rafkind at
954-593.0422 or send e-mail to
rafkind@fiu.edu:
. Managing Perceptions: America's
Image Abroad Hosted by Jon Hock-
enberry, former NBC Dateline corre-
spondent; 7 p.m. March 9; free; Mary
Ann Wolf Theater.
Hea/thcare that Works fOf All Ameri-
cans: Citizens can voice their opinions
to policy makers in Washington D.C.,
about the healthcare system; 4-8 p.m.
March 9; Wyndham Grand Bay Hotel.
2669 S. Bayshore Dr., Coconut Grove;
free. 305-975-7894 or www.citizen
hea I t hcare .gov / registe r.
Income Tax Preparation with Miami
Dade College: Low-income, elderly
and residents that do not speak Eng-
lish can have their federal income tax
forms prepared. Program adminis-
tered and staffed by faculty and MDC
business students who must pass an
IRS exam of basic rules, regulations
and tax preparation; bring social
security cards and those of any
dependents, picture ID, W-2 earnings
statement, 1099 forms, and any docu-
ments pertaining to expenses for
claims; various locations; free:
. 9 a.m.-noon Saturdays through
April 8; Miami Dade College-Wolfson
Campus, 300 NE Second Ave., Miami;
free; EleaT A Center, room 7109.
30S-237-3151.
The Left Hand of God: Taking our
Country Back from the Religious
Right: Michael Lerner signs copies of
and speaks about his latest nonfiction
book; 7:30 p.m. March 9; Beth David
Congregation, 2625 SW Third Ave.,
Miami; free. 305-854-3911.
Machado & SI/vettl-Recent Work:
Lecture about architectural work by
Machado and Silvetti Associates, Inc.,
a Boston architecture and design
(irm. Presented by architect Jorge Sil-
yeW; 6 p.m. March 6; University of
Miami School of Architecture, Build~
ing 48 E, first floor gallery, 1223 Dick-
inson Dr., Coral Gables; free.
30S-284-S002.
Miami Beach Historical Archive: Add
to the Miami Beach City Clerk's office
collection of historic photographs,
postcards, documents and other
Miami Beach memorabilia for its
archive. Call Liliam Hatfield at
305.673.7411 or send e-mail to liliam
hattield@miamibeachfl.gov.
Miami-Dade County Fair and Expo
Scholarship Program: Graduating
seniors can submit an application to
win a scholarship. Students who plan
to attend an accredited college, uni~
versity or trade school must have a
minimum 3.0 GPA and demonstrate a
commitment to voluntary participa-
'TURN TO CALENDAR, 42
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN that publiC hearings will be held by the City Commission of the City of Sunny Isles Beach, Rorida,
in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Coliins Avenue, Sunny Isles
Beach, on Thursday, March, 16, 2006, at 7:30 p.m., to consider final adoption of the following proposed Ordinanc
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
REOUlRING MARINA OWNERS AND OPERATORS TO INSTALL AND MAINTAIN A SAFETY FENCE OR
RAILING LINING THE PERIMETER OF ALL DOCKS LOCATEO ADJACENT TO A WALKWAY; PROVlOING
FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR HEIGHT LIMITATIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR INCLUSION IN THE COOE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 250-12 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH RELATING TO THE UTILITY
REQUIREMENTS OF NEW CONSTRUCTION AND REHABILITATED STRUCTURES; PROVIDING FOR THE
INSTALLATION OF UNDERGROUND SERVICE FACILITIES ON ALL NEW CONSTRUCTION WITHIN THE
TOWN CENTER DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
PROHIBITING THE USE OF WINDOW COVERING MATERIAL, BARRIER OR SIGN THAT EXCEEDS 15%
OF THE TOTAL TRANSPARENT AREA OF A WINDOW(S) IN THE B-1 AND TOWN CENTER BUSINESS
DISTRICTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at 305-947-0606. Copies of these documents
are available for public inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed 10
the City Commission clo the City Clerk. City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach. Florida, 33160. Any
person wishing to address the City Commission at a public hearing is asked to register WITh the City Clerk by completing a publiC
speakers' card prior to the ITem being heard. The hearings on these matters may be continued at this meeting and under such
circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, tor such
purpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans WITh Disabilities Act, all persons who are disabled and who need special accommodations to
participate in this meeting because ot that disability should contact the City Manager at 30S-947-D606, no later than 48 hours
prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792-1590 for assistance.
41
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If You or Someone You Love
:Has 'Been !Avowing crfie
<Dentist, We Can :Help!
Who Is A Candidate
For Sedation
Dentistry?
Adults who have ".
. High fear.
. Had traumatic dental experiences.
, DIfficulty getting numb.
, A bad gag reflex.
. Very sensitive teeth.
. limited time to complete their
dental care.
. Complex dental problems.
Adults who ".
. Hate needles and shots.
. Hate noises, smells and tastes
associated with dental care.
. Are afraid & embarrassed about
their teeth.
Facts About
Sedation Dentistry
11 It Works I
21 It Is SAFE! You take a small pili
prior to treatment. NO I.V.
needles.
31 You have little or no memory of
the experience and vou will not
remember any sounds or smells.
41 Work requiring 6,8
appointments can be done
In 1 visit.
SI people who have difficulty
getting numb have no prOblem
when relaxed.
611t Is safely used to reduce
the fatlgue of extended dental
treatments that require
long visits.
IAIICSI Se Habla Espanal
~ In Office Financing Available
I VISA I