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<br />ORDINANCE NO. 2006- 2.. 52 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />REQUIRING MARINA OWNERS AND OPERA TORS <br />TO INSTALL AND MAINTAIN A SAFETY FENCE OR <br />RAILING LINING THE PERIMETER OF ALL DOCKS <br />LOCATED ADJACENT TO A WALKWAY; <br />PROVIDING FOR PURPOSE AND INTENT; <br />PROVIDING FOR DEFINITIONS; PROVIDING FOR <br />HEIGHT LIMITATIONS; PROVIDING FOR <br />ENFORCEMENT AND PENALTIES; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR REPEALER; <br />PROVIDING FOR INCLUSION IN THE CODE; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, marinas within the corporate limits of the City of Sunny Isles Beach are not <br />providing security enclosures to protect the general public against accidental falls into the waters <br />which can lead to serious injury or even death, thereby endangering the public's safety; and <br /> <br />WHEREAS, the City Commission wish to adopt legislation that requires the installation <br />of a safety fence or railing at all area marinas as a safety barrier to ensure the general public's <br />safety. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this ordinance <br />upon adoption hereof. <br /> <br />Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach, <br />Florida finds and determines that the docks within the City limits are not enclosed to insure the <br />general public's safety, thereby increasing the possibility of accidental drowning and <br />endangering the general public. This Ordinance is intended to serve as the minimum required <br />safety mechanisms for all docks within the City's jurisdiction. <br /> <br />Section 3. Definitions. For the purposes of this Ordinance, the following words, terms and <br />phrases shall have the following meaning: <br /> <br />(a) City Manager means the Manager of the City of Sunny Isles Beach. <br /> <br />(b) Fence means a structure for enclosure or screening. <br /> <br />(c) Marina means a waterfront facility whose principal use is the provision of publicly <br />available services for the securing, launching, storing, servicing, repairing or sales of <br /> <br />02006-252 Marina Docks Seeurity Fence Requirement <br /> <br />Page I of3 <br />