HomeMy Public PortalAbout2018-01 Amending Chapter 4 Boats, Vessels and Watercraft, regulating Kiteboard UseORDINANCE NO. 2018-1
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 4, "BOATS, VESSELS
AND WATERCRAFT," REGULATING KITEBOARD USE;
AMENDING ARTICLE II OF CHAPTER 4 BY THE
CREATION OF SECTION 4-33 "KITEBOARDING" AND
SECTION 4-34 "KITEBOARD CHANNEL MAP;"
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") currently regulates boats,
vessels and watercraft within the Village; and
WHEREAS, as a result of kiteboarding becoming a popular activity within the Village,
the Village Council finds it necessary to regulate kiteboarding in order to prevent injury and to
protect Village residents and visitors; and
WHEREAS, the Village Council desires to amend Chapter 4, "Boats, Vessels and
Watercraft" of the Village's Code of Ordinances by regulating the activity of kiteboarding within
the Village in order to protect the health, safety and welfare of its residents and visitors within
the Village; and
WHEREAS, the Village Council finds that adoption of this Ordinance serves a
legitimate governmental purpose and is in the best interest and welfare of the Village and its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above -stated recitals are hereby adopted and
confirmed.
Section 2. Amending Chapter 4 of the Village Code. That Chapter 4 of the Code of Key
Biscayne, Florida is hereby amended to read as follows:
ARTICLE II. — OPERATION OF VESSELS AND KITEBOARDS IN
DESIGNATED AREAS
Coding: b are deletions to the existing words. Underlined words are additions to the existing words. Changes between first
and second reading are indicted with highlight.
Sec. 4-31. — Definitions.
For purposes of this article, the following terms, phrases, words and derivations
shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular number, and the words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directory:
***
Body drag shall mean a method of steering the kite through the water, without use
of the kiteboard, while the Person is partially submerged in the water.
Kiteboarding shall have the same meaning as used in Section 327.02, Florida
Statutes.
Kiteboard Channel shall mean the area described and shown on the Kiteboard
Channel Map.
**
Sec. 4-32. — Prohibited water and Beach activity.
(1) No owner, operator or Person in command of any Vessel shall permit or
Operate a Vessel within the area of the Atlantic Ocean, including the Beach, 300
feet east of the Beach from the southern boundary of Crandon Park to the northern
boundary of Bill Baggs, Cape Florida State Park (the "Prohibited Area"), except
as authorized by the Village Council. Kiteboarding shall be prohibited within the
Prohibited Area, except as authorized by the Village Council within the Kiteboard
Channel. Within the Kiteboard Channel, a Person Kiteboarding shall only be
permitted to Body Drag.
***
Sec. 4-33. — Kiteboarding.
(� Kiteboarding instruction is prohibited within the Village.
gj Deployment of a Kiteboarding kite shall occur only within the Kiteboard
Channel.
Only ten (10) Kiteboarding kites shall be permitted at one (1) time on the
Beach within the Kiteboard Channel.
2
Sec. 4-34. — Kiteboard Channel Map.
The Kiteboard Channel shall be established as provided in the Kiteboard Channel
Map below.
[INSERT REVISED CHANNEL MAP]
Sec. 4-353. - Enforcement.
***
Sec. 4-364. - Penalties.
***
Section 3. Codification. That it is the intention of the Village Council and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Village
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.
Section 4. Severabilitv. That 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 5. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately after
adoption on second reading.
PASSED on first reading this 9`1 day of January, 2018.
PASSED AND ADOPTED on second reading this 23rd day of January, 2018.
A�
r)
MAYRt ENA LINDSAY, MAY
3
ATTEST:
J IFERLMEDIN'CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
for
VILLAGE OF KEY BISCAYNE
prepared by:
HADONNE
LAND SURVEYOR AND MAPPERS
3D LASER SCANNING
UTILITY COORDINATION
SUBSURFACE UTILITY ENGINEERING
EXHIBIT "A"
100' WIDE KITE BOARDING CORRIDOR
LEGAL DESCRIPTION:
A Portion of land 100 -feet wide, lying and being in
Section 4, Township 55 South, Range 42 East, along the
beach and the Atlantic Ocean located on the east side of
the Village of Key Biscayne, being more particularly
described as follows:
Bounded on the South by the Easterly extension of the
North line of 25 -foot North Beach Access Easement as
Recorded in Official Records Book 29264 at Page 1644, as
Recorded in the Public Records of Miami -Dade County,
Florida; and bounded on the North by a line 100 foot north
of and parallel of the said Easterly extension of the
North line of 25 -foot North Beach Access Easement; and
bounded on the West by the Erosion Control Line of Plat
Book 74 at Page 26, as Recorded in the Public Records of
Miami -Dade County, Florida; and bounded on the East by the
line created between the Florida Fish and Wildlife
Conservation Commission Markers 5630-2 and 5630-3 of the
Florida Uniform Waterway Permit Number 96-045.
Page 1 of 3
JOB: 11379
0
NOT TO SCALE
COORDINATES SHOWN HEREON ARE BASED ON
FLORIDA STATE PLANE COORDINATES SYSTEM
EAST ZONE NORTH AMERICAN DATUM (NAD83)
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
for
VILLAGE OF KEY BISCAYNE
prepared by:
P.B.
PG.
SEC.
R/W
LAT
LON
HADONNE
LAND SURVEYOR AND MAPPERS
3D LASER SCANNING
UTILITY COORDINATION
SUBSURFACE UTILITY ENGINEERING
VILLAGE OF
KEY BISCAYNE
LIMIT
FLORIDA U�ORM WATERWAY
PERMIT{ UMBER 96.04S,
N:495877
E:933922
LAT:2541t 3.5081"
LON : 80 °0///////
b / KITE BOARDING
CD CORRIDOR/.
////// , /l-
N:495777.64 =a
E:933918.24
LAT:25°41'42..
LON:80°09'23.5"
LEGEND
= PLAT BOOK
= PAGE
= SECTION
= RIGHT OF WAY
= LATITUDE
= LONGITUDE
(C) = CALCULATED DISTANCE
(M) = MEASURED DISTANCE
P.O.C.= POINT OF COMMENCEMENT
P.O.B = POINT OF BEGINNING
Page 2 of 3
JOB: 15058
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
for
• VILLAGE OF KEY BISCAYNE
prepared by:
HADONNE
SOURCES OF DATA:
LAND SURVEYOR AND MAPPERS
3D LASER SCANNING
UTILITY COORDINATION
SUBSURFACE UTILITY ENGINEERING
Plat of "MATHESON ESTATE" as recorded in Plat Book 46, at Page 86 of the Public
Records of Miami -Dade County, Florida.
Plat of "EROSION CONTROL LINE" as recorded in Plat Book 74, at Page 26 of the Public
Records of Miami -Dade County, Florida.
25 -FOOT North Beach Access Easement as Recorded in Official Records Book 29264 at
Page 1644 of the Public Records of Miami -Dade County, Florida.
Florida Uniform Waterway Permit Number 96-045 AS per the Florida Fish and Wildlife
Conservation Commission.
Coordinates shown hereon are based on Florida State Plane Coordinates System, East Zone
North American Datum (NAD83)
EASEMENTS AND ENCUMBRANCES:
No information was provided as to the existence of any easements other that what
appears on the underlying Plat of record. Please refer to the Limitations portion
with respect to possible restrictions of record and utility services.
LIMITATIONS:
Since no other information other than what is cited in the Sources of Data were
furnished, the Client is hereby advised that there may legal restrictions on the
subject property that are not shown on the Sketch or contained within this Report
that may be found in the Public Records of Miami -Dade County, Florida or any other
public and private entities as their jurisdictions may appear. This document does not
represent a field boundary survey of the described property, or any part or parcel
thereof.
SURVEYOR'S CERTIFICATE:
I hereby certify to Village of Key Biscayne: That this "Sketch to Accompany Legal
Description," was prepared under my direction and is true and correct to the best of
my knowledge and belief and further, that said Sketch meets the intent of the
"St ndard,s of P actice for Land Surveying in the State of Florida", pursuant to Rule
5J- 7.0 .1 of the. •rida Administrative Code and its implementing Rule, Chapter
47 .027 of the Flori.. tatutes.
P.S M
.e Th
Professi gl••urveyor and Mapper Ls6000
HA p,NNE .CO
Land-Surv.eyo and Mappers
Certificate of authorization LB7097
1985 NW 88 Court, Suite 201
Doral, Florida 33172
305.266.1188 phone
305.207.6845 fax
Date:
NOTICE: Not valid without the signature and original raised seal of a Florida
Licensed Surveyor and Mapper. Each Sheet as incorporated therein shall not be
considered full, valid and complete unless attached to the others. This Notice is
required by Rule 61G17-6 of the Florida Administrative Code. Page3of3
JOB: 11379
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
JOHANA OLIVA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published at Miami
in Miami -Dade County, Florida: that the attached copy of
advertisement, being a Legal Advertisement of Notice in the
matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE - JAN. 23, 2018
in the XXXX Court.
was published in said newspaper in the issues of
01/11/2018
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami -Dade County. Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade County.
Florida. for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication in the said newspaper.
(SEAL)
JOHANA OLIVA personally known to me
nd subscribed before me this
/JANU Y, A.D. 2018
e.„ ;.; 4•, BARBARA THOMAS
• Commission # GG 121171
r^` ` Expires November 2, 2021
Bonded Thru Troy Fain Insurance 800-385-7019
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered on
Second Reading by the Village Council of the Village of Key Biscayne at a
meeting to be held on Tuesday, January 23, 2018 at 7:00 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 4, "BOATS, VESSELS AND WATERCRAFT,"
REGULATING KITEBOARD USE; AMENDING ARTICLE II OF CHAPTER 4
BY THE CREATION OF SECTION 4-33 "KITEBOARDING;" PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Office of
the Village Clerk. Interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinances. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding because of that disability should contact the Office of the
Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida
33149, telephone number (305) 365-5506, not later than two business days
prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including all
testimony and evidence upon which any appeal may be based (F.S. 286.0105).
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public hearing.
Jennifer Duque, CMC
Village Clerk
1/11 18-126/0000288142M