HomeMy WebLinkAboutOrdinance 2007-276
ORDINANCE NO, 2007 - '2:1le
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA ESTABLISHING REGULATIONS
FOR THE PLACEMENT OF BEACH CHAIRS ON PUBLICLY-
OWNED OR CONTROLLED BEACH AREAS; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PERMITTING PROCEDURES; PROHIBITING
OBSTRUCTION TO EMERGENCY RESPONSE PATH; PROVIDING
FOR PROTECTION OF MARINE TURTLES AND THEIR NESTING
GROUNDS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE,
WHEREAS, the City finds that the placement of private beach chairs on the public beach
presents a public safety and does not further the aesthetic objectives of the City; and
WHEREAS, the City Commission desires to establish a set of guidelines and permitting
procedures for the placement of beach chairs and equipment upon the public beach area; and
WHEREAS, the City Commission finds that the adoption of a beach chair ordinance is in the
best interest of its residents and visitors and will preserve the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Put'posc and Intcnt. The following regulations are established to ensure the
placement of private beach chairs and equipment on publicly-owned or controlled beach area,
complies with the aesthetic objectives of the City and preserve the health, safety and welfare of the
residents.
Section 2. Dcfinitions. The following words, terms and phrases, when used in this ordinance,
shall have the following meanings, except where the context clearly indicates a different meaning:
Abandoned beach chairs and/or equipment mean any beach chair and/or
equipment left outside the permitted area which is not in use for a period of
two (2) hours or more, or upon the public beach after sunset, excluding beach
chairs and/or equipment that are temporarily unoccupied where its user is in
the water or within sight.
Beach chairs and/or equipment include, but is not limited to, any chair,
Section 3.
umbrella or other object that is used on the beach.
City means the City of Sunny Isles Beach.
Code means the City of Sunny Isles Beach Code of Ordinances and
applicable sections of the Code of Miami-Dade County as made applicable to
the City pursuant to Article 8, Section 8.3 of the City Charter, as may be
amended from time to time, or such other land development regulations or
ordinances as may be adopted by the City thereafter.
Code Enforcement and Licensing Department means the City of Sunny Isles
Beach Code Enforcement and Licensing Department.
Emergency Response Path means the area located between the eastern most
property line and the Miami Dade County garbage cans for the purpose of
providing access for emergency response personnel and enforcement.
Owner means any person, entity, hotel, hotel operator, condominium,
condominium association or representative, that owns or controls a beach
chair(s) and/or equipment and allows another party to use such beach chair
and/or equipment for a fcc, or as part of a short-term paid lodging or
residency arrangement.
Permit means the license issued by the City to the owner of a beach chair(s)
and/or equipment authorizing the placement of such beach chair(s) and/or
equipment in a designated location(s) on the public beach.
Public Beach means any publicly owned or controlled area lying East of the
private property line (boundary line) namely the ROS (Recreational Open
Space) district on the east side of the MUR district.
Storage means the stacking of equipment upon private property during the
day or overnight.
Pcrmit RCQuircd, It shall be unlawful for any owner, as defined in this
section, to place a beach chair or equipment on a publicly-owned or
controlled beach area within the City without first obtaining a permit.
A. Application. Any Owner, as defined above in this Section, shall apply for a
permit on a form prepared by the City and submit same, along with the
applicable permit application fee, to the Code Enforcement and Licensing
Department for processing. All permit applications shall include the
following:
2
Section 4.
(I) A $25.00 application fee, as may be amended from time to time by the
City Commission;
(2) The proposed placement of the beach chairs and/or equipment;
(3) Operational Plan describing the equipment, number and types;
(4) Evacuation Plan in case of a natural disaster such as a tropical storm or
hurricane, including storage area;
(5) Acknowledgment and Authorization form (if applicant is a representative).
B. Excmption. Nothing in this Section shall require a permit from the general
public to place beach chairs and/or equipment on the beach for personal use.
C. Rcvicw of Pcrmit Application, A permit shall be granted upon the submittal
of a completed application and the required fee, unless the City Manager or
his/her designee determines that the granting of such a permit:
(I) Unduly impedes governmental business or public access;
(2) Conflicts with previously scheduled activities;
(3) Imperils public safety; or
(4) Violates any public policy or local, state or federal law.
D. GuidcIincs fOJ' thc Placemcnt of Bcach Chairs. The City Manager or
designee shall establish guidelines for the placement of beach chairs and
equipment on the public beach. These guidelines shall designate specific
locations for the beach chairs and equipment.
E. Appcals. Any party aggrieved by the terms of a permit issued by the City
under this provision, or by the City's decision to deny the permit or by the
revocation of a permit issued by the City may, within ten (10) days of the
decision, appeal to the City Manager, whose decision shall be final.
Pcrmit Conditions. The following conditions shall apply to the placement of
beach chairs and equipment:
A. Maintcnancc of Bcach Chairs and Equipmcnt. 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.
3
Section 5.
Section 6.
B. No Obstructiou to Gencral 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.
C. No Obstruction to Emergcncy Rcsponsc 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.
D. Storagc During DccIarcd Emergency Rcquircd. 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 (8) hours notice, issue a
warning to the Owner to remove and secure the beach chairs and
equipment. If thc 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 bejointly and severably liable for all costs inculTed by
the City for the removal of the beach chairs and equipment under
these circumstances.
Prcservation ofNcstinl! Grounds for Sca Turtlcs. The Owner shall comply
with any order issued by the State of Florida and/or cooperate with Miami-
Dade County Parks Department regulation regarding the preservation of
marine turtle nesting grounds to ensure that nesting surveys are conducted in
accordance with the conditions set forth by the State and the County. In the
event an unmarked marine turtle nest is exposed, or a dead, injured, or sick
marine turtle is discovered, the Florida Marine patrol (1-800-DIAL-FMP) shall
be notified immediately such that appropriate conservation measures may be
taken.
Enforccment. The Code Enforcement and Licensing Department shall be
responsible for the enforcement of the provisions of this Ordinance.
4
Section 7. Penaltics. Any person or entity found to be in violation of any condition of the
permit issued herein shall first be issued a warning notice. The violator shall have
forty-eight (48) hours from the date of the warning notice to correct the violation.
Failure to correct the violation within the prescribed deadline may result in
revocation of the permit or a fine of $200 per occurrence. Failure to obtain the
required permit shall subject the Owner to a fine of $500 per day.
Section 8. ScvcJ"abiIitv. 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 shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 9. RcpcaIcr. 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.
Section 10. Inclusion in thc Codc, It is the intention of the City 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 I I. Effectivc Datc, This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this J e-j.l. day of Jo.n., 2007.
PASSED AND ADOPTED on second reading this I S+lday of F..a.t" 2007.
(jjlJ1ld~1
No man S. Edelcup, Mayor
ATTEST:
",
Jane Hines,CMC, City lerk
5
APPROVED AS TO FORM
AND LEGAL SU "F CI I NCY
Votc: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Goodman
Commissioner Brezin
Commissioner Iglesias
Moved by: Co~ BRf 2/ tV
Seconded by: ~~ ~ Goohrn PrIV
V"Yes)
L---? es)
:;Yes)
Yes)
EYes)
_No)
_No)
_No)
_No)
_No)
6
u
ii'i ~
"
III ~
III C
w M
-' '"
!!l >
>- ~
Z ,
Z
~ E
III ~
u.. ~
0 III
~ '"
III
U Z
~
c
0
~ ~
CO C
E ~ ~ 0
~ a. ~
z ~ "
C 'E 0
~ 'B u
,. > "
(j '0 ~ ~
<( III C
~ ~
c c
~ ~
'" '" C ~
t- t- '"
'" '"
'" '" 1:S
t- t- III
~
"'
E
~ 0 ~
z
"' C 0.
E 0 ~
0 'E :,
z ~ ~
" " N (;
<( " iii ()
1!
~
o
o
~
.
,
~
it
,
,
:2
"
I
.
.
~
o
,
~
,
.
,
>
.
>
<
,
.
,
~
1
1
i
>
'i
6
~
,
[
.
i
~
~
o
o
.
,
,
"
I
,
~
e
.0
-
5
w
~
's
a:I
.-
ra
w
~
r--~
OK
O~
N~
-'
.....
01
--
N!
O~
~
Q)~
-~
('Ill
C~
C~
0:2
,-I
- "
ca .!1
CJg
:.:]
.c.
:Jw
a.~
Hottest Yoga, Coolest Clothes, Massage. Gifts and More
CHANGE YOUR BODY
CHANGE YOUR LIFE
BIKRAM YOGA. NORTH MIAMI
t~l CITY OF SUNNY ISLES BEACH
~; NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN Ihal a public hearing will be held by Ihe
Cily CommissIon or the City of Sunny Isles Beach, Florida, In the
Sunny Isles Beach Government Center, David P. Samson Commlssioll
Chambers, 18070 Collins Avenue, Sunny Isles Beach, on Thursday,
February 15,2007, a17:30 p.m., 10 consider finat adoption of the
lollowing proposed Ordinance:
AN OROINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ESTA8USHING REGULATIONS
FOR THE PLACEMENT OF BEACH CHAIRS ON PUBlIClY-
OWNED OR CONTROLLED BEACH AREAS; PROVIDING FOR
PURPOSE ANO INTENT; PROVIDING FOR DEFINITIONS; PROVIDING
FOR PERMITIlNG PROCEDURES; PROHIBITING OBSTRUCTION TO
EMERGENCV RESPONSE PATH; PROVIDING FOR PROTECTION OF
MARINE TURTLES AND THEIR NESTING GROUNDS; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERABiliTY; PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be dirocted to the City Clerk at
305-947-0606. Copies of these documents are availabfefor publiC
InspocliondurlngnormalbusinesshourslnCilyHal1.
Jan6A. Hines, CMC, CIIy Clerk
All persons ale in.ilelllo appaar at lhis meelillOorbaleprllSllnlellbya.n agenl. or to
exprass their l'iews inwritirlg addressell to lI1a City Commission clo lhe City Clerk,
C~yol SuMy_lsles Beach, 18Ill0ColllnsAvenua, Soon~ Is~s Beach. Ftorida. 33160.
My person wlshing 10 a(ldrass the C,ty Commission al a publIC hearing isas~edlo
ragislerw~h the C.ty Clerk by completing a public speakers' card pfior 10 tho ilem
being heard" The hearings onlhase mailers may bo con~f\lJeIl elthis meelifl\l and
underslIChC'reymslances.add,toonallegalnol'CewCllJldnotbeprol'1dell. naperson
decides to appeal any decisiOllmada b~ tho City Commissiorl with respect to any
mallerCOf1s'deredalsu<:hmeeltng, lhevwillneedaletordollhll proceed'lIllsand,
101 sllCh purpose, may nee~ 10 ensure that a veroal,m retor~ 01 \he proceed'll!Is is
made, WhiCh record indtldes the leslimon~ande'lidellCeuponwl1ichlho appeal islo
be based. Thlsooticedoosoolconst,MeconsenlbylheC,tylor,nlrQducI,onor
admiss'on of otherwise iladm,ss.ble or 1I'felel'a~1 el'1dellCe, nor rIoos ~ aulhorile
challengesorappealsoolotherwiseallowellb~law.
In accordar<;e wilh lIle Amencans wilh OisabilifiesAct. all persons who are disabled
andwhoneedspetialilCCommodationslopar1tC<palemlllismeelingbecauS8oflhal
disabilityshoul~rontacllhe Cily Marl8gel a_t 30S.941.0606,no later lhan 46hours
prIOr to lIle proceedil\Qs; ~ hear.ng Impaired, please lelephone the IT'( II~e at
305.792.IS90lorassislance.
33
~
.'
~
i
"
<
o
z
~
Specla.IOlfer
$25.00
For I Week
UnlimftedYoga
o'r"'rood"'",~I!IOI.
A,,'l'T.....S"'don"OnIy
. Sweat, Detoxify,Tone
. Stretch and Strengthen
. Lose Weight
. Reduce Stress
'Ine ease Focus
~
Q:~,l>ouIdln~.>ri.....,.,,1
A:.H""Americln.tu.."'<>min
d.r.<I.....I...f"!m>nlyb.cau..oIb.d
..<lrlth.b1u,p"",loodp,....mioll.1nd
~.".dlndl'''"tl<oIlymodihd
o
~
"
.
!~
i~
E
~
~
"
,
.
>
;tlHealthful
, DIET SHOPPE
. Gain Energy
. Feel Great!!
Th.Blue.tUttleVltamln
Sto..lnTheWorfdr
1111N_e.16JrdS"~or.N,M.B.
~~~~,/r1d;r~t~f~~ r~ Hour.
305.944.2638
@o ,@@@@
2222 NE 123 Street N. Miami, FL 33181
Jus~ '/, mil.. Esst of 8i9C1Oyn.. . www.bil<rsmyoglOwon.hmilOmi.com
>
<
I II. C It SON
P R' S t '" I S
Z{)la I\eller
florfd~'.I.llgftl ScI<<lloill>rSpCtI110<<.~'on WU,
(;t>"1I' . Cfl.(~Ull . llrhhl. l'..~unl
~- ".............;../
ATTENTION STUDENTS AOES 6-12!! HAJlEYOU EVER IVANTED1'O....
Meet the Harlem Globelrotters? Take home an al1tograph~d
Glob~trol!ers basketball? Sit 011 the bench with them during one of
theiT gamC"s? THEN YOU WANT TO DE A JUNIOR TROTTER!
");, pllrridpllll.' ill Illis WllIl.'s/, LtJg on 10 ollr websi/I.',
wlvll'llieonlilleeom/lIlillllli.
lI/1SlI'er /he qlfe~/iol1S b'l.m! 011 the Globe/rolleH' Historical FI.',lls mll! ram.
COmp11.'11.' Ilrr m/r}'form.
Alil;1 YOl4r (omplrull qllrstiollllll;TI.' IIwl mIry form I,):
NIB, Aim: Globelro/ltrs COli/tit, Olle Htrald Plaza, Miallll,FL 33131.
DeadU'le: f'tbmary 28, 2007 Spill
Aj,..
.l~
AmerlcanAlrtlnes
/WIM
I
I'T.W.\IIIII'J).ll.I
'rlt.SHOPFUOfWOW
818EloJOWl
(954146:a.~:n
!lotlITASI'lUll~INJ.JUJ
I'kOl4NI.DIATBOktTAB...,
:a6195SO\/Tll B....YD:IJVI 1110
(139>94B-0006
iT'wJu..W>llI~.~IDJI!liLl::!]
["{('F';IJi~
R...zoWILULw..
e
~
h a rlO mg lOb OUOIlO rS.com
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. EdeJcup, Mayor
Lewis Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5/07 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
Memorandum
TO:
VIA:
FROM:
DATE:
RE:
The Honorable City Commission
A. John Szerlag, City Manager " f
Robert C. Sole,a, Community Development Dire~~~.",_,___
January 18, 2007 '\
Proposed Beach Chairs and Equipment Guidelines
RECOMMENDA TION:
It is recommended that the City Commission approve the attached Ordinance relating to
the beach chairs and equipment pre-setting.
REASON (S):
The Code Enforcement and Licensing Department, in an effort to ensure that beach
chairs and equipment are pre-set in a manner that will assure public access and will
encourage public use of the beach, is requesting that this Ordinance be adopted by the
City Commission. This ordinance will provide for requirements and guidelines, when a
condominium or a private operator, pre-sets beach chairs and equipment in a public
beach, within the boundaries of the City of Sunny Isles Beach. It provides the City
Manager or designee with the authority to: issue warnings or civil violations; removal of
beach chairs and equipment, by the City of Sunny Isles Beach personnel, as impending
bad weather is declared by the National Weather Service, if the applicant I operator fails
to remove the chairs and equipment; for the owner I applicant to be liable for all costs
associated with the removal and storage of chairs and equipment; for esthetic
requirements, to make owner I operator accountable for the chairs and equipment
condition; for storage and stacking regulations during the day and overnight. The
ordinance also provides for an application fee of $25.00; enforcement and a fine of
$200.00, per occurrence, after a 48-hour warning of violation; and up to $500.00, per
occurrence, for failure to apply for a permit with the Code Enforcement and Licensing
Department.
RS: rs
Attachment
Agenda Item q A
Date 2-fS- 01
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 1 I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Robert C. Solera, Community Development Director
Priscilla Walker, CMC, Deputy City Clerk~ W~
February 21, 2007
Approval of Beach Chair Placement Ordinance
At its regular meeting of February 15, 2007, the City Commission adopted Ordinance No.
2007-276, which established regulations for placement of beach chairs on certain property.
Attached is a copy of the Ordinance for your files.
Thank you.
:pw
Attachment
cc: Helena Forbes, Assistant Code Enforcement & Licensing Director
Beach Chair Placement Ordinance Trans Memo