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Re: T&T: Miami & Anchoring

GH
Gregory Han
Wed, May 4, 2005 12:28 AM

Googling boating anchoring Florida law results in a number of
interesting sites on this topic

http://www.cruisingworld.com/article.jsp?ID=33946&typeID=419&catID=0

gives a good overview of the problems and actions taken.  I was a Key
Biscayne council member for 4 years and though live boards have not been
a problem here yet, the newly formed KB  marine patrol is aware of a
sailboat  who is anchored of the KB yacht club for several years.  No
action has been taken to my knowledge.  The guy cannot be disposing of
his sewage in a legal manner. The local church which has a sliver of bay
front land has been allowing him to land and to take on water and
dispose of his trash.

I wonder what is the advantage to a small wealthy community to cater to
transient boaters.  The commercial benefit of boaters buying food or
going to restaurants is minimal.  At the KBYC I try to offer hospitality
to passing boaters from this list and others who seem to be bona fide
travelers to whom I want to show off our community.  This may just be an
opportunity to land at the YC in their dinghy and drive them to the
market or give them water. Dockage is occasionally available but I have
never gotten anyone interested in docking rather than anchoring out. I
am on the Good Friends list but have never had anyone contact me from
that list in several years.

I wrote a letter to BoatUS describing the experiences on KB before our
incorporation. We had two access point adjoining road ROW that allowed
boaters to land on public land. No access was offered officially but at
least it was not on private land.  The two areas were turned into
garbage dumps with cars, grocery carts, trash and general degradation
being general condition.  Dade County fenced these areas and patrolled
any violators until the offenders eventually went away.

I have not been a cruiser that has needed to find free long term mooring
but I can appreciate the boaters who do.  How these boaters coexist with
very expensive waterfront housing owners is an open question.

I believe that most members of this list are folks who move through
areas and do not expect to linger for months or years.  They also will
go into marinas periodically to dump their waste and behave responsibly.
Property owners who live in beautiful places have paid good money to buy
and pay taxes on their land. Transients do not understand why these
owners are upset to have their privacy violated by inconsiderate folks.
What transients do not see that that there is a constant parade of
transients and the cumulative effect is a major inconvenience.

These are some random thoughts that may be of interest.

Greg Han
Allegria

-----Original Message-----
From: N. Florman [mailto:nflorman@ix.netcom.com]
Sent: Saturday, April 30, 2005 6:41 AM
To: T&T
Subject: Re: T&T: Miami & Anchoring

As was pointed out earlier, it's Miami Beach, not Miami, that's
proposing
restricting anchoring in its waters.  Notice I said PROPOSING; no
ordinance has yet been passed.  I'm NOT a lawyer, but I do think that
the
discussion about who owns the land below the water is not
relevant--other
municipalities (Stuart, etc.) have been able to pass similar
restrictions
AND enforce them, so Miami Beach probably will be able to as well unless
we boat owners fight it.  Below is a quote from the alert sent out by
BoatUS:

"If possible, attend the May 18 meeting at Miami Beach City Hall, 1700
Convention Center Drive, Miami Beach FL, 33139. The City of Miami Beach
Web site is www.miamibeachfl.gov. To view a copy of the language passed
at the April 20 city commissioners meeting, go to
http://www.BoatUS.com/gov and click on State News Alert at bottom."

Nils Florman
"Second Act"
Albin 43  Trunk
Surfside, FL (Located immediately north of Miami Beach)

Googling boating anchoring Florida law results in a number of interesting sites on this topic http://www.cruisingworld.com/article.jsp?ID=33946&typeID=419&catID=0 gives a good overview of the problems and actions taken. I was a Key Biscayne council member for 4 years and though live boards have not been a problem here yet, the newly formed KB marine patrol is aware of a sailboat who is anchored of the KB yacht club for several years. No action has been taken to my knowledge. The guy cannot be disposing of his sewage in a legal manner. The local church which has a sliver of bay front land has been allowing him to land and to take on water and dispose of his trash. I wonder what is the advantage to a small wealthy community to cater to transient boaters. The commercial benefit of boaters buying food or going to restaurants is minimal. At the KBYC I try to offer hospitality to passing boaters from this list and others who seem to be bona fide travelers to whom I want to show off our community. This may just be an opportunity to land at the YC in their dinghy and drive them to the market or give them water. Dockage is occasionally available but I have never gotten anyone interested in docking rather than anchoring out. I am on the Good Friends list but have never had anyone contact me from that list in several years. I wrote a letter to BoatUS describing the experiences on KB before our incorporation. We had two access point adjoining road ROW that allowed boaters to land on public land. No access was offered officially but at least it was not on private land. The two areas were turned into garbage dumps with cars, grocery carts, trash and general degradation being general condition. Dade County fenced these areas and patrolled any violators until the offenders eventually went away. I have not been a cruiser that has needed to find free long term mooring but I can appreciate the boaters who do. How these boaters coexist with very expensive waterfront housing owners is an open question. I believe that most members of this list are folks who move through areas and do not expect to linger for months or years. They also will go into marinas periodically to dump their waste and behave responsibly. Property owners who live in beautiful places have paid good money to buy and pay taxes on their land. Transients do not understand why these owners are upset to have their privacy violated by inconsiderate folks. What transients do not see that that there is a constant parade of transients and the cumulative effect is a major inconvenience. These are some random thoughts that may be of interest. Greg Han Allegria -----Original Message----- From: N. Florman [mailto:nflorman@ix.netcom.com] Sent: Saturday, April 30, 2005 6:41 AM To: T&T Subject: Re: T&T: Miami & Anchoring As was pointed out earlier, it's Miami Beach, not Miami, that's proposing restricting anchoring in its waters. Notice I said PROPOSING; no ordinance has yet been passed. I'm NOT a lawyer, but I do think that the discussion about who owns the land below the water is not relevant--other municipalities (Stuart, etc.) have been able to pass similar restrictions AND enforce them, so Miami Beach probably will be able to as well unless we boat owners fight it. Below is a quote from the alert sent out by BoatUS: "If possible, attend the May 18 meeting at Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach FL, 33139. The City of Miami Beach Web site is www.miamibeachfl.gov. To view a copy of the language passed at the April 20 city commissioners meeting, go to http://www.BoatUS.com/gov and click on State News Alert at bottom." Nils Florman "Second Act" Albin 43 Trunk Surfside, FL (Located immediately north of Miami Beach)
PG
Pascal Gademer
Wed, May 4, 2005 1:47 AM

Greg

i've seen this sailboat and was wondering about it... i guess if he has a
functioning lectrasan, he'd be legal although i doubt he has one...

the coexistence of anchored boats and expensive real estate is and will
always be an issue but it's up to us not to be a nuisance, whether anchored
for the day or a week. My wife lives on the key and i live on the boat
across the bay at dinner key...  i often anchor off the YC for the day on
week ends (sometimes even pick up the kids with the dinghy behind the church
(my daughter goes to school there...) but make it a point to stay a
reasonable distance off the shore line, no loud music, etc...  as much as i
believe in our right to anchor, water front residents have rights too and
it's too bad a few boat owners are responsible for most of the complaints...

btw, glad to see the KB patrol boat a few weeks ago, trying to enforce no
wake in the anchorage.... much needed!

pascal
miami, fl
1970 hatteras 53my

----- Original Message -----
From: "ory Han" ghan@greghan.com
To: trawlers-and-trawlering@lists.samurai.com
Sent: Tuesday, May 03, 2005 8:28 PM
Subject: Re: T&T: Miami & Anchoring

Googling boating anchoring Florida law results in a number of
interesting sites on this topic

http://www.cruisingworld.com/article.jsp?ID=33946&typeID=419&catID=0

gives a good overview of the problems and actions taken.  I was a Key
Biscayne council member for 4 years and though live boards have not been
a problem here yet, the newly formed KB  marine patrol is aware of a
sailboat  who is anchored of the KB yacht club for several years.  No
action has been taken to my knowledge.  The guy cannot be disposing of
his sewage in a legal manner. The local church which has a sliver of bay
front land has been allowing him to land and to take on water and
dispose of his trash.

I wonder what is the advantage to a small wealthy community to cater to
transient boaters.  The commercial benefit of boaters buying food or
going to restaurants is minimal.  At the KBYC I try to offer hospitality
to passing boaters from this list and others who seem to be bona fide
travelers to whom I want to show off our community.  This may just be an
opportunity to land at the YC in their dinghy and drive them to the
market or give them water. Dockage is occasionally available but I have
never gotten anyone interested in docking rather than anchoring out. I
am on the Good Friends list but have never had anyone contact me from
that list in several years.

I wrote a letter to BoatUS describing the experiences on KB before our
incorporation. We had two access point adjoining road ROW that allowed
boaters to land on public land. No access was offered officially but at
least it was not on private land.  The two areas were turned into
garbage dumps with cars, grocery carts, trash and general degradation
being general condition.  Dade County fenced these areas and patrolled
any violators until the offenders eventually went away.

I have not been a cruiser that has needed to find free long term mooring
but I can appreciate the boaters who do.  How these boaters coexist with
very expensive waterfront housing owners is an open question.

I believe that most members of this list are folks who move through
areas and do not expect to linger for months or years.  They also will
go into marinas periodically to dump their waste and behave responsibly.
Property owners who live in beautiful places have paid good money to buy
and pay taxes on their land. Transients do not understand why these
owners are upset to have their privacy violated by inconsiderate folks.
What transients do not see that that there is a constant parade of
transients and the cumulative effect is a major inconvenience.

These are some random thoughts that may be of interest.

Greg Han
Allegria

Greg i've seen this sailboat and was wondering about it... i guess if he has a functioning lectrasan, he'd be legal although i doubt he has one... the coexistence of anchored boats and expensive real estate is and will always be an issue but it's up to us not to be a nuisance, whether anchored for the day or a week. My wife lives on the key and i live on the boat across the bay at dinner key... i often anchor off the YC for the day on week ends (sometimes even pick up the kids with the dinghy behind the church (my daughter goes to school there...) but make it a point to stay a reasonable distance off the shore line, no loud music, etc... as much as i believe in our right to anchor, water front residents have rights too and it's too bad a few boat owners are responsible for most of the complaints... btw, glad to see the KB patrol boat a few weeks ago, trying to enforce no wake in the anchorage.... much needed! pascal miami, fl 1970 hatteras 53my ----- Original Message ----- From: "ory Han" <ghan@greghan.com> To: <trawlers-and-trawlering@lists.samurai.com> Sent: Tuesday, May 03, 2005 8:28 PM Subject: Re: T&T: Miami & Anchoring > Googling boating anchoring Florida law results in a number of > interesting sites on this topic > > http://www.cruisingworld.com/article.jsp?ID=33946&typeID=419&catID=0 > > gives a good overview of the problems and actions taken. I was a Key > Biscayne council member for 4 years and though live boards have not been > a problem here yet, the newly formed KB marine patrol is aware of a > sailboat who is anchored of the KB yacht club for several years. No > action has been taken to my knowledge. The guy cannot be disposing of > his sewage in a legal manner. The local church which has a sliver of bay > front land has been allowing him to land and to take on water and > dispose of his trash. > > I wonder what is the advantage to a small wealthy community to cater to > transient boaters. The commercial benefit of boaters buying food or > going to restaurants is minimal. At the KBYC I try to offer hospitality > to passing boaters from this list and others who seem to be bona fide > travelers to whom I want to show off our community. This may just be an > opportunity to land at the YC in their dinghy and drive them to the > market or give them water. Dockage is occasionally available but I have > never gotten anyone interested in docking rather than anchoring out. I > am on the Good Friends list but have never had anyone contact me from > that list in several years. > > I wrote a letter to BoatUS describing the experiences on KB before our > incorporation. We had two access point adjoining road ROW that allowed > boaters to land on public land. No access was offered officially but at > least it was not on private land. The two areas were turned into > garbage dumps with cars, grocery carts, trash and general degradation > being general condition. Dade County fenced these areas and patrolled > any violators until the offenders eventually went away. > > I have not been a cruiser that has needed to find free long term mooring > but I can appreciate the boaters who do. How these boaters coexist with > very expensive waterfront housing owners is an open question. > > I believe that most members of this list are folks who move through > areas and do not expect to linger for months or years. They also will > go into marinas periodically to dump their waste and behave responsibly. > Property owners who live in beautiful places have paid good money to buy > and pay taxes on their land. Transients do not understand why these > owners are upset to have their privacy violated by inconsiderate folks. > What transients do not see that that there is a constant parade of > transients and the cumulative effect is a major inconvenience. > > These are some random thoughts that may be of interest. > > Greg Han > Allegria
MM
m/v MOJO
Wed, May 4, 2005 3:33 PM

Gregory wonders "what is the advantage to a small wealthy community to cater
to transient boaters" and opines, "the commercial benefit of boaters buying
food or going to restaurants is minimal".  Not so, according to a just
published study on the economic effect of boating in Palm Beach County,
Florida - arguably one of the wealthiest counties in the state.  The first
two paragraphs of the article from the current issue of BOAT/US magazine
(Volume X, May 2005) are quoted below:

"A study by the Marine Industries Association of Palm Beach County, FL,
shows the marine industry has an annual direct economic impact of $1.35
billion there, a 112% increase since a similar study was done in 1999.  The
study found that the current average value to the county of a boat slip is
$94,235, an increase of 204% from the average value presented in the 1999
report.

The purpose of the study was to measure the economic value of boating
businesses and services in Palm Beach County.  In addition to the direct
economic impact of the marine industry, the study also found that boaters
spend approximately $52.97 per outing on non-marine-related purchases such
as gas, food, drinks and ice.  These non-marine related purchases total $91
million in retail purchases ($51.6 million for gasoline sales and $39.4
million for food, drinks and ice) and are estimated to generate economic
impacts of $135 million in business volume, $34 million in personal income
and 850 jobs."

Whether large or small, wealthy communities do not exist in a vacuum.  They
need ancillary services and support, such as gas stations, grocery stores,
restaurants, bars, drug stores, etc., the same as non-wealthy communities.
Boaters contribute to the economic welfare of these business, just as local
residents do.

MOJO was anchored in Biscayne Bay off the Miami Yacht Club for 3 months in
2003.  A review of our records show that my wife and I spent almost $10,000
during those 3 months.  It's been our observation that the vast majority of
live-aboard cruisers are not the "boat bums" that the non-boating
public tend to associate with boaters who choose to live at anchor out vs.
in a marina.  Having lived aboard for over 10 years, spending 50% of that
time in the Caribbean, we have met hundreds of full time live-aboard
cruisers.  While every anchorage has a few boats (out of hundreds) that you
might classify as "derelict", the rest are well-maintained boats that middle
age, middle income, couples trust their lives to every time they pull anchor
and get underway.  Whether we choose to live in a house, apartment, or boat,
we all have to eat, meaning we buy groceries just like everyone else.  We
all have to do laundry, whether at "home" or in a Laundromat, we all like to
entertain ourselves and are willing to spend money to do so going to movies,
eating out at restaurants, renting DVD's, going to the  theatre, to bars, to
festivals, etc.  The economic impact of boaters should be viewed the same as
it is for permanent residents of the community who have enough disposable
income to afford to buy and maintain a boat large enough to live on full
time.  We may not spend quite as much as tourists who are "on vacation", but
as the Palm Beach study indicated, we do have a significant economic impact.

It appears cities such as Miami Beach are attempting to use a very broad
brush to get rid of of derelict vessels, many that appear to be abandoned by
their owners.  A handful of the waterfront wealthy protest to the city
council, and with little or no study, a new law gets passed.  The proposed
Miami Beach law lists as reasons for the ban, the "potential" boaters have
to serve as a source of polution, the fact that boats "constitute aesthetic
pollution", that they "constitute nuisance and invasions of the privacy of
homeowners", and that they "constitute a threat to the safety, health and
welfare of residents of the City through unregulated activity upon and
aboard such watercraft."  So because we potentially can polute the waters,
we're banned.  Because people who buy waterfront house don't want to look at
boats (aesthetic polution!), we're banned.  Because they can't figure out
other reasons to ban us, they say that we "invade the privacy of homeowners"
(how?), and threaten the safety of citizens via "unregulated activity",
whatever that means! A portion of the proposed regulation is quoted below.

I plan to write to the City Commissioners of Miami Beach protesting the
proposed 72 hour anchoring ban and attend the city council meeting to speak
against it.  I hope any other listees who are in the area will do the
same... we're rapidly losing the ability to pursue our lifestyle because in
the past it's simply been easier to just pull up anchor and move.  It's time
to make our voices heard and our economic impact known before anchoring
becomes a privledge granted or withheld by municipalities rather than a
right to navigation granted by congress.

Ray B.
m/v MOJO

"WHEREAS, the City Commission finds and declares that the proliferation of

watercraft in use for residential purposes or otherwise stored in the waters
of Biscayne

Bay within the boundaries of the City have had and have a deleterious effect
upon the

health, safety and welfare of the residents of the City in that they
potentially serve as a

source for pollution and contamination through discharge of human waste as
well as

garbage, refuse, debris, oil and other obnoxious products; constitute
aesthetic pollution,

being unsightly and interfering with views and enjoyment by the public of
the beautiful

vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of
homeowners

and other residents of property adjacent or proximate to the Bay and other
waterbodies;

constitute a threat to the safety, health and welfare of residents of the
City through

unregulated activity upon and aboard such watercraft; and numerous other
problems and

disadvantages which adversely affect the quality of life of the residents
and visitors to the

City;"

I wonder what is the advantage to a small wealthy community to cater to
transient boaters.  The commercial benefit of boaters buying food or
going to restaurants is minimal.  At the KBYC I try to offer hospitality
to passing boaters from this list and others who seem to be bona fide
travelers to whom I want to show off our community.  This may just be an
opportunity to land at the YC in their dinghy and drive them to the
market or give them water. Dockage is occasionally available but I have
never gotten anyone interested in docking rather than anchoring out. I
am on the Good Friends list but have never had anyone contact me from
that list in several years.

Gregory wonders "what is the advantage to a small wealthy community to cater to transient boaters" and opines, "the commercial benefit of boaters buying food or going to restaurants is minimal". Not so, according to a just published study on the economic effect of boating in Palm Beach County, Florida - arguably one of the wealthiest counties in the state. The first two paragraphs of the article from the current issue of BOAT/US magazine (Volume X, May 2005) are quoted below: "A study by the Marine Industries Association of Palm Beach County, FL, shows the marine industry has an annual direct economic impact of $1.35 billion there, a 112% increase since a similar study was done in 1999. The study found that the current average value to the county of a boat slip is $94,235, an increase of 204% from the average value presented in the 1999 report. The purpose of the study was to measure the economic value of boating businesses and services in Palm Beach County. In addition to the direct economic impact of the marine industry, the study also found that boaters spend approximately $52.97 per outing on non-marine-related purchases such as gas, food, drinks and ice. These non-marine related purchases total $91 million in retail purchases ($51.6 million for gasoline sales and $39.4 million for food, drinks and ice) and are estimated to generate economic impacts of $135 million in business volume, $34 million in personal income and 850 jobs." Whether large or small, wealthy communities do not exist in a vacuum. They need ancillary services and support, such as gas stations, grocery stores, restaurants, bars, drug stores, etc., the same as non-wealthy communities. Boaters contribute to the economic welfare of these business, just as local residents do. MOJO was anchored in Biscayne Bay off the Miami Yacht Club for 3 months in 2003. A review of our records show that my wife and I spent almost $10,000 during those 3 months. It's been our observation that the vast majority of live-aboard cruisers are ***not*** the "boat bums" that the non-boating public tend to associate with boaters who choose to live at anchor out vs. in a marina. Having lived aboard for over 10 years, spending 50% of that time in the Caribbean, we have met hundreds of full time live-aboard cruisers. While every anchorage has a few boats (out of hundreds) that you might classify as "derelict", the rest are well-maintained boats that middle age, middle income, couples trust their lives to every time they pull anchor and get underway. Whether we choose to live in a house, apartment, or boat, we all have to eat, meaning we buy groceries just like everyone else. We all have to do laundry, whether at "home" or in a Laundromat, we all like to entertain ourselves and are willing to spend money to do so going to movies, eating out at restaurants, renting DVD's, going to the theatre, to bars, to festivals, etc. The economic impact of boaters should be viewed the same as it is for permanent residents of the community who have enough disposable income to afford to buy and maintain a boat large enough to live on full time. We may not spend quite as much as tourists who are "on vacation", but as the Palm Beach study indicated, we do have a significant economic impact. It appears cities such as Miami Beach are attempting to use a very broad brush to get rid of of derelict vessels, many that appear to be abandoned by their owners. A handful of the waterfront wealthy protest to the city council, and with little or no study, a new law gets passed. The proposed Miami Beach law lists as reasons for the ban, the "potential" boaters have to serve as a source of polution, the fact that boats "constitute aesthetic pollution", that they "constitute nuisance and invasions of the privacy of homeowners", and that they "constitute a threat to the safety, health and welfare of residents of the City through unregulated activity upon and aboard such watercraft." So because we potentially can polute the waters, we're banned. Because people who buy waterfront house don't want to look at boats (aesthetic polution!), we're banned. Because they can't figure out other reasons to ban us, they say that we "invade the privacy of homeowners" (how?), and threaten the safety of citizens via "unregulated activity", whatever that means! A portion of the proposed regulation is quoted below. I plan to write to the City Commissioners of Miami Beach protesting the proposed 72 hour anchoring ban and attend the city council meeting to speak against it. I hope any other listees who are in the area will do the same... we're rapidly losing the ability to pursue our lifestyle because in the past it's simply been easier to just pull up anchor and move. It's time to make our voices heard and our economic impact known before anchoring becomes a privledge granted or withheld by municipalities rather than a right to navigation granted by congress. Ray B. m/v MOJO "WHEREAS, the City Commission finds and declares that the proliferation of watercraft in use for residential purposes or otherwise stored in the waters of Biscayne Bay within the boundaries of the City have had and have a deleterious effect upon the health, safety and welfare of the residents of the City in that they potentially serve as a source for pollution and contamination through discharge of human waste as well as garbage, refuse, debris, oil and other obnoxious products; constitute aesthetic pollution, being unsightly and interfering with views and enjoyment by the public of the beautiful vistas of Biscayne Bay; constitute nuisance and invasions of the privacy of homeowners and other residents of property adjacent or proximate to the Bay and other waterbodies; constitute a threat to the safety, health and welfare of residents of the City through unregulated activity upon and aboard such watercraft; and numerous other problems and disadvantages which adversely affect the quality of life of the residents and visitors to the City;" > > I wonder what is the advantage to a small wealthy community to cater to > transient boaters. The commercial benefit of boaters buying food or > going to restaurants is minimal. At the KBYC I try to offer hospitality > to passing boaters from this list and others who seem to be bona fide > travelers to whom I want to show off our community. This may just be an > opportunity to land at the YC in their dinghy and drive them to the > market or give them water. Dockage is occasionally available but I have > never gotten anyone interested in docking rather than anchoring out. I > am on the Good Friends list but have never had anyone contact me from > that list in several years.