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


http://www.vacationvariety.net/wp-content/uploads/2011/10/South-Beach-Miami-1.jpg

[Kiteboarding Tampa Bay]

Wow this is not good at all....
I have never thought city concessions were a good idea (at all), and this is an prime example of what can happen once the idea in the city's ear.
It's also going to set a precedent on beaches everywhere and open the door for more concessionaires to control more access.

What is it going to take before we all say "Damn, we need to start working together to preserve access!"???

Hoping the Miami watersports crowd and local residents shows up in full force to fight this.
Good luck

[ricki]

"So what's the best strategy to fight it?
What are our talking points?"

Some ideas follow, there is a good deal more that could be brought to bear on this.


Fighting it behind the scenes makes the most sense to me. Contacting people with influence rapidly and having them express their displeasure to the Vice-Mayor and Commissioners. This needs to happen today and tomorrow. Perhaps setup an email campaign to the City Commission. Draft a short email and post it to be sent out by people from all over to the Commission. The media and those present will pick up on our comments and numbers tomorrow but I suspect the best effect will be achieved behind the scenes.

Who is impacted by this?

All surfers, kiters, SUPer, technically boogie boarders too for that matter. Retailers, distributors, manufacturers, hotels, restaurant, bars, etc. who receive business from folks vacationing and just visiting here. I figure the City stands to collect less than $20,000. per year out of the almost $700,000 annual concession fees for trading off our ability to use boards off most of Miami Beach. Considering the major curtailing of resident and vacationer access this seems inequitable in the extreme. They are not serving public interest in pursuing this course of action.

The ordinance claims:

"WHEREAS, the City Commission has received complaints about persons
docking at public seawalls in single family neighborhoods causing problems and
concerns in such neighborhoods; and"

What actual, documented incidents including police reports are there supporting these complaints? What specific cases this year and last involved, surfers, SUPer, windsurfers and kiters, individually? What numbers, locations and circumstances exist to support this vague claim? How do these numbers compare to that of other activities, like bike riding, walking dogs, throwing footballs? Is there a documented problem or is this just a semi-plausible excuse to force this measure through?

Surfing, windsurfing have existed along Miami Beach for many decades, kiting for over ten years, SUP is newer on the scene. These activities are pursued by numerous residents and visitors, this is a large interest block whose privileges are being proposed to be curtailed for vague complaints and in favor of a profitable concession but with very little cost consideration for the City, perhaps less than $20k per year?


p.s. - beach concessions have been around longer than I have been in Florida or alive for that matter. They have been a fixture at beaches throughout the country almost since there have been people at beaches. This concessioner has been in place here for a long time already. This is just a case of expanding the concession for minimal income for the City, while taking access away from countless residents and visitors through ill considered public policy. It doesn't make sense from the projected revenues to the City alone, so why do it?

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-snc7/374264_10150461981688199_633803198_8813434_1414886 142_n.jpg


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[KiteRunner]

Rick,

Are we drafting a letter with names and signatures of all people who oppose this potential ban? Please let me know what I can do to help....

I know showing down there for the hearing will show numbers, but a letter like this could also include people that can't make it.

Thanks.

[ricki]

Yes, I am working on a few email variants and a list of commissioners to send emails and letters out to. This information will be widely circulated online once assembled. The meeting tomorrow sounds like a first step, I hope, followed by public hearing in which a large turnout and registered speakers on our behalf may do even more good.

The meeting is streamed live at: http://miami.granicus.com/ASX.php?publish_id=3&sn=miami.granicus.com/&SESS1=2cf6c3053d815ff92afb6846bda3ee6a
and
http://miami.granicus.com/ViewPublisher.php?view_id=2

Rick,

Are we drafting a letter with names and signatures of all people who oppose this potential ban? Please let me know what I can do to help....

I know showing down there for the hearing will show numbers, but a letter like this could also include people that can't make it.

Thanks.

[ricki]

An update from Surfrider Foundation about a meeting tonight.


***ATTENTION***

The Surfrider Chapter will be hosting a meeting tonight at 7PM to discuss the recent City enforced ban on surfing at beaches north of 3rd Street. The meeting is open to the public and everyone is encouraged to participate.

The meeting will take place at the ECOMB offices located at 210 2nd Street on Miami Beach which is the building just west of Big Pink. If you need directions then please call (786) 423-7849.

For anyone who cannot attend the meeting in person, we have established a conference call line:
Call In Instructions
Dial: (218) 862-6420
Code: 4129166

The agenda will focus on the following:

* Presenting the series of events that has creating the current situation
* Explaining the City ordinance and its legal implications
* Presenting Surfrider's work on the subject
* Developing a community based strategy to solve the problem
* Discuss Wednesday's meeting at the City of Miami Beach Commission Chambers

We look forward to seeing you tonight.

Regards
--
Michael Laas
Miami Surfrider Chapter Executive Member
Email: michael.laas@gmail.com
Phone: (786) 423-7849


*** NOTE If you call in PLEASE mute your phone otherwise we can't hear what is being said by anyone.

[ricki]

Here is an update from the Surfrider Foundation after their meeting last night:

"On very quick notice, the local saltwater sports community came out for the Surfrider-hosted public meeting to discuss the alarming issue of banned watersports on most of Miami Beach. Thanks to the crowd of concerned, hard-core locals who participated and helped nail our strategy.

Surfrider will communicate the below talk points to the City of Miami Beach Mayor and Commissioners tomorrow at 12:15 pm in the 3rd Floor Commission Chamber at 1700 Convention Center Drive.

YOUR PARTICIPATION is welcome and needed. During the 12:30 Citizen forum session, anyone can have three minutes to speak up to reinforce our points and/or speak your mind about the issue.

Talking Points on Surfing and Stand-Up Paddling Rules on Miami Beach

The recent prohibition of surfboards, stand up paddle boards, and kiteboards has created a huge uproar and has taken away basic rights to beach access.



1. The current code is outdated and disregards the growing popularity of many watersports.

a. Surfing and stand up paddling (SUPing) are enjoyed by many residents on Miami Beach. In fact, in recent years the number of surfers and SUPers has increased substantially.

b. A few blocks of beach near Government Cut is not adequate space for those who currently enjoy these activities. This presents an extreme safety hazard.

c. Due to the growing tourism for these sports, it is very important for Miami Beach to have a proactive policy in place that provides sufficient access for surfers and works to protect the safety of surfers and beach patrons in general.

d. US Open of SUP was held on Miami Beach in Sept 2011 with $35,000 in prize money and international participants. Orange Bowl of SUP.

2. The differences in various water sports are important for making decisions about where they are allowed. This is critical for the safety of all water sports enthusiasts.

a. SUPs move slowly , and on flat water do not present a significant hazard to bathers/swimmers. We are not aware of any accidents/harm to bathers caused by an SUP on flat water.

b. It is desirable that kiteboarding be done away from surfers and SUPers – not in the same few block stretch of beach as surfers.

c. A paddled surfboard is not intended as a means of transportation. It is intended to ride waves.

d. It is dangerous to relegate SUPs and kiteboards to “channels” that are used by jet skis and other motorized vessels.

3. We urge the City, in the short term, to clarify which code it is using. "

CONTINUED AT http://www.miamisurfrider.org/2012/01/board-ban-update-surfrider-to-speak-at-city-commission-meeting-please-support/#more-864

[KiteRunner]

Do we have an update of what went down in the meeting?

[ricki]

Still waiting to hear and there is the second part about to start any minute. There was the following on Channel 10:

"Surfers and paddleboarders in Miami Beach are taking on city hall over what they say is the unfair enforcement of a longtime city ordinance.

Water sport lovers will be protesting at Miami Beach City Hall Wednesday over the ordinance which doesn't allow the use of surf, paddle or kite boards north of 3rd Street.

Jesse Bull, chair of the Miami Chapter of the Surfrider Foundation, said the 1964 ordinance is outdated and that the city may have started enforcing it in response to an incident between a jogger and a kiteboarder.

"We've been told that there was a complaint by a jogger who thought a kiteboarder got too close to him, and if that's the case, that's a legitimate concern," Bull said. "But I don't think that's a concern that suggests we should just ban the use of those kinds of equipment.

"To just blanketly say because we had this one incident we're going to ban everyone from every area to me is just not the right approach."

The city released a statement Tuesday, saying they may look for additional areas to allow the use of the boards.

"The City of Miami Beach has not passed any new legislation, nor is any currently pending, regarding further restricting the use of boards (surf, paddle, kite) beyond the current restrictions that exist in the city code," Miami Beach spokeswoman Nannette Rodriguez said in the statement. "We have responded to complaints received about illegal watersports concessions on our beaches, as well as the use of certain types of watersports equipment that is permitted only in a particular area of the beach."

The protest is planned for 4:30 p.m."

Video is included at:

http://www.nbcmiami.com/news/Boarders-to-Protest-at-Miami-Beach-City-Hall-137098193.html

[ricki]

Update from Miami Beach Board Ban Meeting

I just received a phone update from the meeting. Here is a summary of what I heard:

About 50 board riders showed up, comments by board riders during the Public Comment segment were halted by the commission as they were unfamiliar with the issues being presented and not sufficiently prepared at this time.

As a result:

1. The ban on surfing and application of the 1964 ordinance have been reversed for now. The 1993 ordinance designating no watercraft swim zones is back into effect. No mention was made about kiting, windsurfing or SUP however.

2. The issue has been tabled until the March neighborhood commission meeting when it will be examined in greater depth once more information has been gathered.

3. Kiting interests are going to meet with and discuss/orient City staff with kiting and SUP activities in the interest of favorably resolving this situation for sustainable board riding in Miami Beach.

All board riders, take extra care to ride responsibly and avoid complaints in the interim and from here on out for that matter while this is sorted out.

[ricki]

and, an update from the Miami Herald:

"Miami Beach ends short-lived surfing ban
By David Smiley The Miami Herald

In response to protests from watersports enthusiasts, Miami Beach officials agreed Wednesday to end a recently enforced ban on surfing and other sports north of Third Street.

Miami Beach’s short-lived surfing ban north of Third Street ended Wednesday.

In response to a crowd of watersports enthusiasts complaining that surfers, paddleboarders, kitesurfers and other athletes had been sequestered to the southern tip of the beach, city officials agreed to once again open up other areas along the city’s beachfront.

“We’re conscious of the fact this was not handled appropriately and that surfing has always been allowed in Miami Beach,” Commissioner Michael Góngora said.

Athletes were elated.

“I’m pretty thrilled,” said Noah Grove, a 25-year-old kitesurfer who showed up at City Hall holding his board and carrying his kite on his back.

Grove said Wednesday was the first windy day in a month, but he delayed hitting the 23rd Street beach, a popular kitesurfing spot made briefly off-limits, after learning about a protest from a Facebook page."

CONTINUED AT:
http://www.miamiherald.com/2012/01/11/2584452/surfers-beware-miami-beach-enforces.html