Surfing, Kiteboarding, SUP, Windsurfing BAN Proposed For Miami Beach

[ricki]

Ban of surfing, kiting, windsurfing, SUP along most of Miami Beach proposed in favor of sole-source rental concession in specified use areas. Kiting is not currently proposed to be included in the concession. I just heard about this last night. It looks like the commission is rushing this deal through.

The Miami City Commission seems to be rushing through a global ban on use of "vessels" from both guarded and unguarded beaches along most of Miami Beach. This has been proposed by Vice-Mayor Deede Weithorn. It is on the Commission Meeting agenda for tomorrow, Wednesday, January 11, 2012. There seems to be a minimum annual payment of $686,563 in concession fees to the City by the concessionaire under this arrangement as described in these documents. The concessionaire has been involved in renting cabanas, beach chairs, wave runners, parasailing, kayaks, providing beverages, etc. and now seems to be expanding into SUPs. The annual fee estimate for watercraft, both motorized, non-motorized seems to be under 7% of the total. So, we seem to be trading off our freedom to use boards off Miami Beach for perhaps under $20K or less in payments to the City? There is no indication they plan to expand into kitesurfing at this time.

The main language of the ban appears below. Summarized it seems to mean no vessel may be used outside of designated use areas/corridors and the only vessels that may be used in such areas must be rented by the concessionaire. The concessionaire has been identified as Boucher Brothers. Boucher Brothers, http://www.boucherbrothers.com/ is large, well established beach concession operator throughout the eastern USA. They have held a concession at Miami Beach for sometime already.

"No person shall launch or remove any vessel from the waters of the city over any public seawall, sidewalk, street end, or public property except at locations where a regular
business of launching and hauling vessels is conducted, which has the necessary equipment to do such work, or in areas designated and posted for such purpose by the
city."
from http://tinyurl.com/72k4njp


The assignment of this concession to Boucher Brothers including new "non-motorized watercraft" has apparently been rushed through without normal bidding with the following waiver.

"R7 - Resolutions
R7E A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Public Beachfront Concession Agreement Between The City And Boucher Brothers Miami Beach, LLC. (Concessionaire), For The Exclusive Right To Operate Certain Concessions In Lummus Park, Ocean Terrace, North Shore Open Space Park, And South Pointe Park Beach, In Miami Beach, Florida, For The Rental Of Beach Equipment, Food And Beverage Service, Sale Of Beach-Related Sundries And Skin Care Products, And Watersports Equipment Rentals; Said Agreement Having A Five (5) Year Initial Term, And Providing For A Five (5) Year Renewal Term Which Is Exercisable By The City. . (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) from page 15 of the minutes from the Dec. 14, 2011 Commission meeting, http://tinyurl.com/7n2tlqo"


The City seems to be falling back on an old ordinance dealing with surfing for the basis for enforcement. Sec. 82-440. - Use of surfboards restricted.

The use of surfboards in the ocean is prohibited; however, such use shall be permitted from a line beginning at the southeast corner of South Beach Park Subdivision, according to the plat thereof, as recorded in plat book 6 at page 77 of the public records of the county, such line extended in an easterly direction to a point on the ocean marked by a buoy, as the same shall be located and maintained from day to day under the direction and authority of the beach patrol captain. Such use shall be permitted only during daylight hours. The beach patrol captain or a beach patrol officer acting at the direction and authority of the captain may close such surfing area where, in the exercise of the discretion of the beach patrol captain, weather conditions constitute a hazard to health, safety and welfare of the persons using such areas. The use of surfboards shall also be permitted in such other areas as may be designated by the city manager from time to time as presenting no undue danger of injury to bathers.

(Code 1964, § 25-59.1) from http://library.municode.com/index.aspx?clientId=13097