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