Subj: New City of Miami Policy Regarding Bay Clean Up and Boats at Anchor
Please post for all MYC members (and please forward to MOC Commodore) as we will begin collecting ANY mooring balls, buoys, floating docks, and other floating devices which are “abandoned” anywhere within the waters of the City of Miami. This will be strictly enforced beginning Monday August 4, 2008. Any vessel moored in the bay must be “in transit” and no permanent moorings are permitted. All boaters are reminded to take their anchors and buoys with them whenever underway. Please post at Dinner Key as we will collect any abandoned items in the south end as well.
705.103 Procedure for abandoned or lost property.—
(1) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lien holder pursuant to the provisions of this section.
(5) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of her or his duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Any law enforcement officer or any person authorized by the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.
(7) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the law enforcement agency.
Please remind members that the following will apply to the navigational channel that exists between the ICW and Watson Island’s public boat ramp; the channel begins at Miami Yacht Club’s north ramp and dock, and runs ESE to the Miami Outboard Club. Make sure that ample space exists between an anchored vessel and the channel to allow for clearance of the 50 foot Miami-Dade Fireboat to make 360 degree maneuvers as well as another vessel of equal size to traverse the channel. Approximately no less than 100 feet from the shoreward edge of the channel should be considered a minimum when selecting a location to anchor.
327.44 Interference with navigation.--No person shall anchor, operate, or permit to be anchored, except in case of emergency, or operated a vessel or carry on any prohibited activity in a manner which shall unreasonably or unnecessarily constitute a navigational hazard or interfere with another vessel. Anchoring under bridges or in or adjacent to heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.
Sgt. Mike Gonzalez #2450
Miami Police Department
Specialized Operations Section
Marine Patrol Unit