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ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF MIAMI-DADE COUNTY FLORIDA (RELATED TO BOATS, DOCKS AND WATERWAYS); AMENDING SECTION 7-26 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, ESTABLISHING A MOTORBOAT AND PERSONAL WATERCRAFT EXCLUSION ZONE EXTENDING FROM THE BEAR CUT BRIDGE SOUTH AROUND THE BEAR CUT PRESERVE TO THE SOUTHERN BOUNDARY OF CRANDON PARK LANDS ON THE ATLANTIC OCEAN SUBJECT TO THE APPROVAL OF THE STATE OF FLORIDA DIVISION OF LAW ENFORCEMENT OF THE FISH AND WILDLIFE CONSERVATION COMMISSION.

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Subsequent to the issuance of a permit by the State of Florida Division of Law Enforcement of the Fish and Wildlife Conservation Commission, Section 7-26 of the Code of Miami-Dade County, Florida Idle Speed/No Wake Zone, is hereby revised to read as follows:1

Section 7-26. Prohibitions; motorboat restricted zones.

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>>(i) No person shall operate a motorboat or personal watercraft, or permit, allow or suffer a motorboat or personal watercraft to be operated in or allowed to moor or tie-up to any marker used within the Crandon Park Motorboat or Personal Watercraft Exclusion Zone. The Crandon Park Motorboat or Personal Watercraft Exclusion Zone is hereby established within Crandon Park Lands extending south around the Bear Cut Preserve on the Atlantic Ocean side to the southern boundary of Crandon Park Lands extending up to 1,000 feet offshore. The waters through Bear Cut are excluded from this ordinance. No person shall be allowed to moor outside the ''Exclusion Zone'' and swim towards the shoreline or a swimmer to swim from the shoreline to a boat moored outside the ''Exclusion Zone''. Emergency or chase boats, motorboats or personal watercraft used solely for affecting an emergency/sea rescue or for ensuring compliance with Federal or State Laws or City or County Ordinances are excluded from this Ordinance. A map reflecting the boundaries of the Crandon Park Motorboat or Personal Exclusion Zone shall be available at the Miami-Dade Park and Recreation Department for reference by the public. After the effective date of this Ordinance, the areas located on the public beaches within the Crandon Park Lands, as previously described shall be known as restricted swim areas and shall be governed by the provisions set forth in this Ordinance. The Crandon Park Motorboat or Personal Watercraft Exclusion Zone shall be marked on the water with uniform regulatory markers in accordance with the applicable Federal and State Laws and Regulations. The provisions of this Ordinance shall be enforced by the Miami-Dade Police Department, Marine Patrol Division and other Federal and State authorities having jurisdiction over the water located within the ''Exclusion Zone''. Any person, corporation, partnership, limited partnership, association or other business entity which is convicted of violating this Ordinance shall be punished by a fine not to exceed five hundred ($500) dollars or by imprisonment in the County jail for not more than thirty (30) days or by both such fine and imprisonment. The regulation of motorboat or personal watercraft use in the Crandon Park Motorboat or Personal Watercraft Exclusion Zone as herein described has been established by the County Manager under the authority and power granted in Section 7-27, and Section 327.46 and 327.60, Florida Statutes (2001). The effect of this Section shall be subject to approval by the Department of Environmental Protection of the State of Florida of the restricted area established in this Section pursuant to Section 327.46, Florida Statutes (2001).<<

1 Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intent of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provisions, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word ''ordinance'' may be changed to ''section'', ''article'', or other appropriate word.

Section 4. This Ordinance shall become effective ten (10) days after the date of enactment.

Section 5. This ordinance does not contain a sunset provision.

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TO: Honorable Chairperson and Members DATE:
Board of County Commissioners






FROM: Steve Shiver SUBJECT: Ordinance Amending Chapter 7 County Manager of the Code Establishing a Motorboat and Personal Watercraft Exclusion Zone for Parts of Crandon Park

STAFF RECOMMENDATION
It is recommended that the Board approve the attached ordinance, amending Chapter 7 of the Code of Miami-Dade County to establish the Crandon Park motorboat and personal watercraft exclusion zone extending from the Bear Cut bridge south around the Bear Cut Preserve to the southern boundary of Crandon Park Lands on the Atlantic Ocean.

MANAGER'S BACKGROUND
On July 18, 1996, the Board authorized Resolution R-900-96, approving the Master Plan for Crandon Park, located at 4000 Crandon Boulevard, in compliance with Section 33-303 of the Code of Miami-Dade County. Under the Settlement Agreement between the County and the Matheson family dated January 14, 1993, the final Crandon Park Master Plan approved by this Board was made the subject of a Declaration of Restrictions recorded in the public records of Miami-Dade County in August 2000 as a covenant running with the land.



One of the primary goals of the Crandon Park Master Plan is the continued protection and preservation of natural and coastal areas such as the Bear Cut Preserve and the fossilized mangrove reef areas. Similarly, the section of public beach on the Atlantic side of Crandon Park is used by thousands of people on a weekly basis. Increased development south of the park has resulted in an increase of boat traffic along the beach front of Crandon Park.



A permit from the State of Florida Division of Law Enforcement of the Fish and Wildlife Conservation Commission must be obtained before the installation of buoys. To begin this permitting process, a local ordinance must be in place establishing the area as a motorboat and personal watercraft exclusion zone.



The proposed Crandon Park Exclusion Zone will protect ocean beach swimmers by establishing a safe swimming area from the shoreline to the buoy line, approximately 1,000 feet offshore.