The City has experienced a rise in the number of licensed charter boat operators in our waterways during the last three fiscal years. This increase seems to have slowed this year due to more stringent application requirements and docking space limitations. Charter business BTR processes have been closely scrutinized and amended. Enforcement issues on our waterways have additionally been tightened.
The chart below lists the number of authorized commercial charter businesses and vessels in our waterways:
Commercial Charter Businesses
Of the 75 current operators and 134 vessels, three charter businesses with 14 vessels are authorized to conduct business in the Indian Creek Waterway.
BTR Process Enhancements:
Docking regulations for charter businesses have been reviewed internally by Administration, with input from members of the Finance Department, Code Compliance, Police Department, Facilities and Fleet Management, Suntex and the City Attorney’s Office.
As a result of the increase in charter businesses, the Miami Beach Marina has reached full capacity for new permanent businesses. The Facilities and Fleet Management Department has advised the following actions have been imposed at the Miami Beach Marina for new BTRs:
- No new BTR applications for permanent slips will be approved unless a slip space for docking becomes available.
- For charter boats without a permanent docking slip, a Landing Slip Agreement must be first obtained, from the Marina, before their ship may drop off or pick up passengers at the one pick-up/drop-off location.
- No BTRs will be issued to charter boat businesses without first obtaining a permanent docking space or a Landing Slip Agreement.
Before obtaining a BTR for a charter business, the marine applicant must first obtain:
- Certificate of Use: Planning and Zoning review of docking location for loading/unloading.
- Fire Prevention: review of fire hazards and fuel storage.
- Risk Management Division: comprehensive insurance review of applicant’s insurance to protect the assets of the City.
- Facilities and Fleet Management Department: review of docking space slip availability at the Miami Beach Marina.
- Marine and Waterfront Protection Authority: advisory review of applications.
- Finance: review of compliance and monies owed.
Additionally, the City Commission, at their February 22, 2023 meeting, amended the City Code to increase the fines in Section 102-377, that deal with businesses operating without first obtaining a BTR. The new fine structure is listed below:
- First offense within a 13-month period: punishable by a $1,000 civil fine, and the business shall be prohibited from operating until the required tax receipt is obtained.
- Second offense within a 13-month period: punishable by a $3,500 civil fine, and the business shall be prohibited from operating for a period of 10 days from the date of the second violation or until the required tax receipt is obtained, whichever is later.
- Third offense within a 13-month period: punishable by a $5,000 civil fine, and the business shall be prohibited from applying for a tax receipt for a period of 13-months from the date of the third violation.
- Any offense committed during a period in which the City establishes High Impact Measures, may result in the City Manager, or her designee, prohibiting the applicant from applying for a tax receipt for a period of 13-months from the date of the violation.
Enforcement Process Enhancements:
While most operators run responsible businesses and are good neighbors to their surrounding residential neighborhoods along the waterways, there have been quality-of-life complaints regarding unruly commercial charters and boat rental patrons at all hours of the day. These complaints include unacceptable behaviors in and around Marina facilities and parking garages, such as:
- Public intoxication;
- Loud arguments;
- Excessively loud music; and
- Public urination
To address these behaviors, at the April 28, 2023 Commission Meeting, the City Commission adopted an Ordinance that addresses the unruliness. The Commission approved the following regulations:
- All commercial vessels are prohibited at public marinas from 9 p.m. until 7 a.m., the next day.
- Includes queuing, embarkation/disembarkation, and the loading/unloading of supplies.
- Created a tiered civil fine structure for violations of the above, which ultimately revokes a charter boat operator’s BTR upon a fourth offense within a six-month period.
These charter operator civil penalties are in addition to the operating without BTR penalties listed earlier. These Code changes progressively increase fines, as well as, prohibit businesses from operating for extended periods of time for Business Tax code violations.
Prior to the April 28, 2023 Code amendments, the Code Compliance Department has been aggressively tackling marina disturbances, with over 600 Code violations issued over two-and-a-half-year period at the Miami Beach Marina.
From March 3, 2023, through March 3, 2024, Code Compliance has issued a total of 85 violations to illegal charters operating at the Miami Beach Marina. These violations included infractions related to business tax receipts, conducting business on public property, noise disturbances, operating outside of permitted hours, and the presence of balloons at the marina.
To address these issues, Code Compliance has implemented a proactive approach by assigning officers to work overtime on Fridays through Mondays, from 11:00 AM to 12:30 PM. Additionally, officers are on duty on Tuesdays through Thursdays from 8:00 PM to 12:00 AM.
From March 4, 2023 through March 4, 2024, Code Compliance has issued 64 violations to illegal charters operating in the Indian Creek Waterway. Presently, Code Compliance has deployed on duty/overtime officers from 10:00 AM to 12:00 AM in this area seven days a week.
