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HomeMy Public PortalAbout2018-02 Amending Section 4-33 Kiteboarding relating to additional Kiteboarding RegulationsORDINANCE NO. 2018-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-33 "KITEBOARDING," RELATING TO ADDITIONAL KITEBOARDING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 23, 2018, the Village Council of the Village of Key Biscayne (the "Village") adopted an ordinance, which created kiteboarding regulations within the Village; and WHEREAS, as a result of kiteboarding becoming a popular activity within the Village and due to the nature and methodology of launching and using such kites, the Village Council finds it necessary to further regulate kiteboarding in order to prevent injury and to protect Village residents and visitors; and WHEREAS, the Village Council desires to further amend Chapter 4, "Boats, Vessels and Watercraft" of the Village's Code of Ordinances by providing additional regulations for 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 by revising Section 4-33 "Kiteboarding," which shall read as follows: Sec. 4-33. — Kiteboarding. (1) Kiteboarding instruction is prohibited within the Village. ' Coding: Strilet#►reugh-words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicted with highlight. (2) Deployment of a Kiteboarding kite shall occur only within the Kiteboard Channel. (3) No more than ten (10) Kiteboarding kites shall be permitted at one (1) time on the Beach within the Kiteboard Channel. (4) All Persons must annually register with the Village Manager or designee prior to Kiteboarding within the Village. Kiteboarding shall only occur by registered Persons. The Village Council, by resolution, may charge a reasonable registration fee. (5) Prior to registering and Kiteboarding within the Village, all Persons shall: (a) Possess and provide proof of an UP WIND Level 3 International Kite Organization (IKO) certification or its equivalent, as determined by the Villagei (b) Provide proof of general liability insurance of not less than $1,000,000.00 per Kiteboarding incident for bodily injury and property damage. This liability insurance shall also include medical and dental coverage., and (c) Review the Village's Kiteboarding rules and sign an acknowledgement agreeing to adhere to such rules. (6) All Persons Kiteboarding within the Village shall have a Village -issued kite streamer. The Village shall issue a kite streamer to each registered Person. No Person shall permit another Person to utilize their Village- issued kite streamer. All Persons shall attach the Village -issued kite streamer to his or her harness while Kiteboarding. (7) Kiteboarding shall be prohibited during the following holiday weekends: Memorial Day, Independence Day and Labor Day. (8) The Village Manager may establish temporary restrictions on Kiteboarding due to holidays, weather conditions or Beach overcrowding. (9) When not in use and outside the Kiteboarding Channel all kiteboarding equipment shall be contained within a bag. 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 2 VILLAGE ATTORNEY 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. Severability. 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 13th day of February, 2018. PASSED AND ADOPTED on second reading this 6th day of March, 2018. /ft' + i MAYOR MAYRA PEA LINDSAY ATTEST: J 1 IFEI%IEDINA, ILLAGE CLERK 4Q1 KEY84 el 116 -te a ` l y APPROVED AS TO FORM AND LEGAL SUF 3 Local &State Rliaim Wait' 11MI1 161.60111100011 COURTS Opa-locka politician sentenced to 4 years in corruption probe NY 1140 WEAVL0 Luis Santiago. a former Opa-locka commissioner who pleaded guilty to a bribery charge in sp aw- mg federal extortion in- vestigation, has been .,n' .0,0410 more than four years in prison after pro.id- ng inside information to uthotities about an influ- ential lobbyist and other targets of the probe. A year ago. Santiago admtned accepting one of thousands of dollars in bribes from local busi- nessmen in need of permits who were working under cover for the FBI, and shar- ing that cash with other Opa-locka officials, in- cluding a former city man- ager now imprisoned. Santiago's sentencing on Thursday was initially set for last Much, but he cut a plea deal on a single brib- ery mrupiracy charge and ever since has secretly helped federal agents and the U.S. anomey's office build their investigation against lobbyist Dante Starks, who is close to May- or Myra Taylor. Neither Starks nor the mayor could be nailed for comment Friday. Santiago, 56, could even- tually obtain less time to prison if federal prose- Consolato Generale d'/rasa - Consulate General of Italy Mom! j, 000101 Kg 11 WINNOI/O OEIIARI AMf NTO I067IAN1 - 4 0AR20 2014 S, informs the a, cittadin. Italian eletton resi0enu all'estero ed ismtti nth' MRS a agli eknod temporaneamente alfestero (legge 459/20011 a atat0 Invlato, al Iwo inchrixth. sin plico conleoenle it ma oriole per votare per cornspondenaa. Per fespressiw,eddvotoela,estituaionedella/escheda/e Wtata/eacc0rreseguireanMtamente k ,suwlon, present 0d togho informanvo contenuto net pled a spodlre Immad7atamente per poste la husta g.2 affronrata. ,n modo cite arrw, 4I'Ufhc,o consolers di riterimento antro- a non ohm - k ore 16:00 (ore 1.64) del 1' Inarae 2010. t'eletmre cue ale dais del 18 febbra,o 2018 nun amse encore reevuto d pica eknwak rota ,..otyet, al'U11,co consdare d, nlenrento Her M,,ederne "n duptcato EI ECTIONS f OR TED REN5W'AL of THE 1TAl IAN PART IAMEN0 - MARCH 4 2014 Phew Le ..70w4 Irdo electo'e4 pet 1g0.3 „ k 1,7-e•. 1,1 Otter, A Aimed land regnteed wall, the Registry for Ratans wtlo mode abroad - AIRE}, and to voters temporally abroad la pct Law 459/2001). at their addresses Voters must eumply oath the msnucl,ons wuv,ded ,o the elertural package to complete and return balloh.Mnch they must then mail promptly, ,n me pmtagepa;d envelope prowded.,n orde, to emote delivery to the Consular 011,ce no later than 4:00 IM (local rime) Marsh 1", 2014. Voters who have nut received their densest package by February 18. 2018 may request a dupkcate to the Consular Dike competent ,or the jumdetwn they reside in http://www.consmiami.mteri.k/ Village of Key Biscayne Office of she 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. March 6. 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 SECTION 4-33 "KITEBOARDING," RELATING TO ADDITIONAL KITEBOARDING REGULATIONS; 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, Kcy 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. cumin recommend a reduc- tion for his "subslaWA1 assistance" in the comp - lion probe to U.S. District lodge Kathleen Williams, who imposed a 51-tnonth sentence. Ina court filing, Assistant U5. Atitonwy Edward Stamm said mat "once his cuoporation In completed, the go9emment will evaluate it in its entire- ty and will make a final decision on me master." Santiago'. defense at- torney, Roderick Vereen, obtained a delay in his client's surrender to priwn authorities because of his ongoing assistance. The toting commissioner is scheduled l0 elan his pri- son term on Aug. 23. A longtime Opa-locks activist who his confronted the city's poetical leaders throughout the FBI's five. year corruption probe sad Santago's sentencing sends an uplifting message to the com munity. This is just the start. The Cory of Opa-locka is no longer a City for Sale," Natasha Ervin mote in an email to the Miami Herald on Friday. "11's now a city that will put you to jail. Our residents deserve so much Setter. We elect people to make a difference, not to make a profs for them- selves. Santiago, who was elect- ed to the commission m 2012 but was defeated four years later, admitted in I0s guilty plea lot January that he plotted with other top officals and employees to pocket up to $40,0011 in bribes on a scheme that shook down several local husiness owners and cor- rupted nearly every level of the city's financially troth bkd government. Santiago must pay back the bribes he took from the undercover businessmen. A restitution hearing is set for May 22 Santiago was the fourth defendant to plead guilty in the long -running FBI probe of Opa-locka City Hall corruption. Santiago luau his city 00mmiIatan Mat after. series of Miami herald stories reported that he was the main target of the probe of an extortion scheme involving payoffs for official favors. The one -term conoaisttoner. who surrendered to 2111 agents in late December 2016 on the bribery charge, is the only politician to be convicted so fax The other three defen- dants who have pleaded guilty in the Opa-locks case arc: former City Manager David Cbivenon, who was sentenced to three years in prison; ex -Public Works supervisor Gregory Harris, who received a three-year probanonary sentence; and Demetrius Corlenn Taylor, the son of Opa-bcka Mayor Myra Taylor, who was ten- teneed to 10 months. Their convictions co- incided with serious financial troubles in Opa-mcka, one of the poorest cities in Miami. Dade County. Since lune 2016, the city has been under the control of a state oversight board that moat approve as spending by the five -member commission because of a financial emergency. Santiago, perhaps best known around Opa-locks for sponsoring bingo nights and raising money for the city's Fourth of July cele- bration, was once a key member of the comnusuo0 because of his alliance w,th Mayor Taylor. Santiago, who repaint and sells can fora living. was accused of extorting five local businesses for thousands of dollar. In exchange for helping them obtain permits, licenses and water connections between March 2014 and March 2016, when federal agents raided City Hall. n alb LITHE HAVg KIWANIS AA: Pros0N,000 sad Santiago directed city officials to shake down those busi- nesses, including three business owners who worked undercover forme FBI and recorded the illicit transactions. Tens of thou- sands in payoffs were made in Santiago and at least two other officials in parking lots, a City 1fa11 bathroom, restaurant and me former commissioner's home, according to Stamm, the psuecutor who filed the bribery charge. Here's how the alleged bribery scheme worked, In exchange far illegal pay- ments, Santiago directed Chivefon. Harris, and other Opa-locks employees to acids local businessmen by laming occupational licenses, settling code en- forcement liens, restoring water service and handling zoning matters, according to the charging document. "Santiago would make payments to Chiverton, and Santiago also would direct the paying businesses and indtvduals to make pay - to Ch,venon in ex- change for the office) as. bona taken on their be - hall," according to the document. Among the FBI inform- ants who paid off Santiago after he extone4 them are Frank Zambrana, who op- erated a heavy equipment business, and Francisco Pu)d, who owns a tire re,y- cling operation. Both bust- nessmen detailed to the Herald how Santiago. Chi- venon, Harris and De - memos Colleen Taylor, who worked for the city's garbage contractor, pees. suited them to pay thou- sands m Mines so they crud obtain licenses that officially should have cost hundreds of dollars. Many of the illicit trans- actions in the sting open - anon were recorded by the undercover operators /ay Waives:305-376-3446. abjaykwraver yr MARCH 3-4 at MIRACLE MILE WORLD MUSIC & ARTS FESTIVAL PAINTINGS, SCULPTURES, FOOD AND WORLD -CI ASS MUSICIANS OZOMATLI, MONTY ALEXANDER, ED CALLE, NEGRONI'S TRIO AND MORE FREE ENTRANCE CARNAVALMIAMI.COM Jennifer Medina. CMC Village Clerk DORAL Heineken AT&T BACARDI