Item Coversheet

OLD BUSINESS  7.

COMMITTEE MEMORANDUM

TO: Neighborhood/Community Affairs Committee Members


FROM:
Jimmy L. Morales, City Manager


DATE: April 24, 2019


SUBJECT:DISCUSSION REGARDING THE ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE V ENTITLED “IN GENERAL,” BY AMENDING SECTION 82-441 THEREOF, ENTITLED “FISHING FROM VIADUCTS AND BRIDGES, IN THE JETTY AREA BETWEEN 29TH AN 33RD STREETS, AND IN RESTRICTED SWIM AREAS,” BY PROHIBITING SALTWATER FISHING ALONG THE CITY’S SEAWALLS AND THE GREEN SPACES BETWEEN 10TH AND 14TH STREETS AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF THIS SECTION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

ANALYSIS:
Commissioner Samuelian placed item “C4 AL – Referral to the Neighborhood and Community Affairs Committee (NCAC) to Discuss Prohibiting Fishing at Seawalls” on the agenda for the January 16, 2019 Commission Meeting. The memorandum is attached. As explained, residents or visitors have increasingly been fishing on the seawalls between 10th and 14th streets - a location with green areas also frequently used by residents and visitors walking pets, strolling with kids, watching the sunset, etc. These residents have expressed safety, health, and cleanliness concerns regarding the bait cut on the seawalls and left behind, often with fishing hooks attached.

The item (#10) was discussed during the February 6, 2019 NCAC meeting, with a resident reiterating safety and health concerns. Major Acosta (Police Department) explained that Section 82-441 of Chapter 82 addresses fishing from bridges and certain city areas but does not include 10th to 14th streets. As a result, an Ordinance would be necessary to prohibit fishing in that area.

After discussion, the NCAC Committee instructed the administration to investigate the matter further and come back at the April 2019 meeting with an ordinance draft that would address this matter. The proposed Ordinance, amending Section 82-441 of Chapter 82, is attached for review and discussion during the upcoming NCAC meeting.


ATTACHMENTS:
DescriptionType
NCAC - Prohibiting Fishing at Seawalls (Feb 2019)Other
Amending 82-441 to prohibit fishing on seawallsOrdinance