Today, Sunday, March 13 about an hour ago, the Miami Beach Marine Police issued warning citations to all of the boats in the South Beach anchorage. Tickets will be given out to any boats remaining there next Sunday, and the ticket will be based on Miami Beach local ordinance 66-8, which I'll copy for you below.
I was informed of this by 'Mike', who's earlier letter about feeling threatened you've already read here in my last blog post.
Now the police are taking action, obviously at the orders of the City of Miami Beach.
Just who is Mike?
Mike is a veterinarian in Miami Beach, a professional. His boat is a 2000 Hunter 45 - and you can see by the photos that it is NOT a derelict boat in any way, shape or form. He takes it out regularly when his schedule permits, it does not sit and gather barnacles.
Mike is prepared to fight this ticket when it is given to him, and has already discussed it with his lawyer - my question of ALL of you is this - are YOU prepared to back up Mike now? Because Mike is fighting this ticket for you, for me, for all of us who treasure our right to cruise and to anchor.
We need you in Miami Beach for this - a major protest against both this ticket and the entire anchoring law. In the last two hours, I've already heard of a busload coming from Florida's west coast for this protest.
It's time to fight back, and the Miami Beach PD Marine Patrol has just given us the perfect gift - a boater, legally anchored and that no one could object to and a boat that is clearly not derelict. Let's do this. Join me in Miami Beach next Sunday.
I was informed of this by 'Mike', who's earlier letter about feeling threatened you've already read here in my last blog post.
Now the police are taking action, obviously at the orders of the City of Miami Beach.
Just who is Mike?
Mike is a veterinarian in Miami Beach, a professional. His boat is a 2000 Hunter 45 - and you can see by the photos that it is NOT a derelict boat in any way, shape or form. He takes it out regularly when his schedule permits, it does not sit and gather barnacles.
Mike is prepared to fight this ticket when it is given to him, and has already discussed it with his lawyer - my question of ALL of you is this - are YOU prepared to back up Mike now? Because Mike is fighting this ticket for you, for me, for all of us who treasure our right to cruise and to anchor.
We need you in Miami Beach for this - a major protest against both this ticket and the entire anchoring law. In the last two hours, I've already heard of a busload coming from Florida's west coast for this protest.
It's time to fight back, and the Miami Beach PD Marine Patrol has just given us the perfect gift - a boater, legally anchored and that no one could object to and a boat that is clearly not derelict. Let's do this. Join me in Miami Beach next Sunday.
For more information on the fight for Mike's right, go to Facebook's Sailing and Cruising group and sign up for this protest in the events section. We need every boater we can get out there to show the state of Florida we mean business.
Please, also share this with all of the boating groups, friends and others whom you think might stand in support of our rights this coming Sunday.
Please, also share this with all of the boating groups, friends and others whom you think might stand in support of our rights this coming Sunday.
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| This is Mike's boat - 2000 Hunter 45 |
Sec. 66-8. - Limitations on anchoring or mooring within city limits. (full text here)
(a)
Purpose. This section is adopted for the following purposes and reasons:
(1)
The city commission finds and declares that the proliferation of watercraft in use for residential purposes or otherwise stored in the waters of Biscayne Bay within the boundaries of the city have had and have a deleterious effect upon the health, safety and welfare of the residents of the city in that they potentially serve as a source for pollution and contamination though discharge of human waste as well as garbage, refuse, debris, oil and other obnoxious products; constitute aesthetic pollution, being unsightly and interfering with views and enjoyment by the public of the beautiful vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of homeowners and other residents of property adjacent or proximate to the bay; constitute a threat to the safety, health and welfare of residents of the city through unregulated activity upon and aboard such watercraft; and numerous other problems and disadvantages which adversely affect the quality of life of the residents and visitors to the city; and
(a)
Purpose. This section is adopted for the following purposes and reasons:
(1)
The city commission finds and declares that the proliferation of watercraft in use for residential purposes or otherwise stored in the waters of Biscayne Bay within the boundaries of the city have had and have a deleterious effect upon the health, safety and welfare of the residents of the city in that they potentially serve as a source for pollution and contamination though discharge of human waste as well as garbage, refuse, debris, oil and other obnoxious products; constitute aesthetic pollution, being unsightly and interfering with views and enjoyment by the public of the beautiful vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of homeowners and other residents of property adjacent or proximate to the bay; constitute a threat to the safety, health and welfare of residents of the city through unregulated activity upon and aboard such watercraft; and numerous other problems and disadvantages which adversely affect the quality of life of the residents and visitors to the city; and
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| looks in navigation to me! |
(2)
It is the intent of the city to mitigate the adverse impact of anchored or moored watercraft, recognizing that the State of Florida has established a preemption of certain functions under F.S. § 327.60 and the Florida Administrative Code 68D-23.101(3), which address vessels in navigation but permit local regulation of vessels not "in navigation;" and
(3)
The city has conducted studies and observed the advent of vessels not in navigation and of vessels upon which persons are residing.
(4)
The attorney general has opined, AGO 85-45, that "vessels which are used as a person's primary residence may be 'live-aboard vessels' for purposes of municipal regulation permitted by F.S. § 327.60(2), even though they are not used solely as a residence but are also used for recreational purposes, if such vessels are represented as such person's 'legal residence' pursuant to F.S. § 327.02(16)(b), and that the determination of whether such vessels are represented as a person's legal residence may be based on a combination of the person's subjective intent and objective facts."
(5)
The city has determined that vessels anchored or moored within the jurisdictional waters of the city on which persons are residing as their primary residence or for more than seven consecutive or cumulative days within a 30-day period constitutes a legal residence for purposes of this section, and such vessels are "live-aboards" within the jurisdiction of the city to regulate.
(6)
The city has determined that evidence that vessels anchored or moored within the jurisdictional waters of the city for more than seven consecutive or cumulative days within a 30-day period constitutes prima facie evidence that such vessels are no longer exercising rights of navigation, and within the jurisdiction of the city to regulate.
(b)
Definitions. For purposes of this section, the following definitions shall apply:
(1)
A vessel not "in navigation," or "not engaged in the exercise of the rights of navigation," is defined as one that evidences, through a case-by-case review of applicable factors, an abandonment, either temporary or permanent, of the exercise of rights of navigation. Factors to consider as evidence of such abandonment include but are not limited to, how long a vessel has been anchored within the boundaries of the city within a 30-day period, or whether a vessel has a current registration as required by applicable law, or whether a vessel is being anchored or stored on the water to avoid dockage or storage fees, sometimes evidenced for example by a sailboat that has removed its sails. A vessel anchored or moored within the jurisdictional waters of the city for more than seven consecutive or cumulative days within a 30-day period, constitutes prima facie evidence that such vessel is not "in navigation" or is "not engaged in the exercise of the rights of navigation."
(2)
A "non-live-aboard vessel" shall be a vessel that does not fall within the definition of live-aboard vessel as set forth in F.S. § 327.02(16), namely: "live-aboard vessel" means any vessel used solely as a residence or any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel."
(3)
The fact of whether a vessel is a person's or persons' "legal residence," and therefore a "live-aboard vessel" under this section may be established by evidence that the person is or persons are using the vessel as his, her or their primary residence, including evidence of a combination of the person's or persons' subjective intent and objective facts, including the fact that the vessel on which the person is or persons are residing has been anchored or moored within city limits for seven consecutive or cumulative days within a 30-day period, or that the person has or persons have no other arrangements for residence in the area beyond the seven-day period.
It is the intent of the city to mitigate the adverse impact of anchored or moored watercraft, recognizing that the State of Florida has established a preemption of certain functions under F.S. § 327.60 and the Florida Administrative Code 68D-23.101(3), which address vessels in navigation but permit local regulation of vessels not "in navigation;" and
(3)
The city has conducted studies and observed the advent of vessels not in navigation and of vessels upon which persons are residing.
(4)
The attorney general has opined, AGO 85-45, that "vessels which are used as a person's primary residence may be 'live-aboard vessels' for purposes of municipal regulation permitted by F.S. § 327.60(2), even though they are not used solely as a residence but are also used for recreational purposes, if such vessels are represented as such person's 'legal residence' pursuant to F.S. § 327.02(16)(b), and that the determination of whether such vessels are represented as a person's legal residence may be based on a combination of the person's subjective intent and objective facts."
(5)
The city has determined that vessels anchored or moored within the jurisdictional waters of the city on which persons are residing as their primary residence or for more than seven consecutive or cumulative days within a 30-day period constitutes a legal residence for purposes of this section, and such vessels are "live-aboards" within the jurisdiction of the city to regulate.
(6)
The city has determined that evidence that vessels anchored or moored within the jurisdictional waters of the city for more than seven consecutive or cumulative days within a 30-day period constitutes prima facie evidence that such vessels are no longer exercising rights of navigation, and within the jurisdiction of the city to regulate.
(b)
Definitions. For purposes of this section, the following definitions shall apply:
(1)
A vessel not "in navigation," or "not engaged in the exercise of the rights of navigation," is defined as one that evidences, through a case-by-case review of applicable factors, an abandonment, either temporary or permanent, of the exercise of rights of navigation. Factors to consider as evidence of such abandonment include but are not limited to, how long a vessel has been anchored within the boundaries of the city within a 30-day period, or whether a vessel has a current registration as required by applicable law, or whether a vessel is being anchored or stored on the water to avoid dockage or storage fees, sometimes evidenced for example by a sailboat that has removed its sails. A vessel anchored or moored within the jurisdictional waters of the city for more than seven consecutive or cumulative days within a 30-day period, constitutes prima facie evidence that such vessel is not "in navigation" or is "not engaged in the exercise of the rights of navigation."
(2)A "non-live-aboard vessel" shall be a vessel that does not fall within the definition of live-aboard vessel as set forth in F.S. § 327.02(16), namely: "live-aboard vessel" means any vessel used solely as a residence or any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel."
(3)
The fact of whether a vessel is a person's or persons' "legal residence," and therefore a "live-aboard vessel" under this section may be established by evidence that the person is or persons are using the vessel as his, her or their primary residence, including evidence of a combination of the person's or persons' subjective intent and objective facts, including the fact that the vessel on which the person is or persons are residing has been anchored or moored within city limits for seven consecutive or cumulative days within a 30-day period, or that the person has or persons have no other arrangements for residence in the area beyond the seven-day period.
