Sunset Lake / Miami Beach Police Ethics Investigation Complete

[ActiveCaptain]

It's been a while since there has been anything written about the Sunset Lake anchorage situation. We had a report tonight that someone has put in a variety of moorings and small 30 lb boats making it difficult to anchor in the basin. It could be assumed that one of more of Mr. Karlton or his neighbors are behind it but it is a total guess.

I find the logic of this interesting. Instead of watching the occasional cruising boat spend a night in the basin, this neighborhood is forced to look at a bunch of rotting vessels every day of the year.

[captainKJ]

30 pound boats????????

[ActiveCaptain]

Yeah...that's what the finding wrote. 30 pounds - little things on something like cinder blocks.

[atoll]

Originally Posted by captainKJ

30 pound boats????????

exploding rounds?

[captainKJ]

a boat with cutters can take care of that

[HopCar]

I was fishing near there last Sunday and decided to ride through the area in question. There were three nice sailboats and a power cat anchored in there. All looked peaceful and nice.

[colemj]

Originally Posted by ActiveCaptain

It's been a while since there has been anything written about the Sunset Lake anchorage situation. We had a report tonight that someone has put in a variety of moorings and small 30 lb boats making it difficult to anchor in the basin. It could be assumed that one of more of Mr. Karlton or his neighbors are behind it but it is a total guess.

I find the logic of this interesting. Instead of watching the occasional cruising boat spend a night in the basin, this neighborhood is forced to look at a bunch of rotting vessels every day of the year.

Wouldn't they need mooring permits to set that up and wouldn't it be controlled by a harbormaster?

Mark

[Kettlewell]

Wally Moran, the cruising sailor who reported Karlton to the police and instigated that report sent me this today and wanted it posted here:

Wally

We are still anchored in Sunset Lake above the Venetian Causeway. There are now about 7 boats anchored here and the police came by yesterday to take photos of the "mooring" field. Actually, the mooring balls have been removed and the "anchor" lines (attached to mushroom moorings) have 12' small plastic boats attached to them. There are currently 9 of these boats in front of the home which has been trying to control anchoring in Sunset Lake for a couple years. We have heard that he plans to have 6 more boats anchored to continue to block vessels.

He continues to play very loud and somewhat offensive loud music using one "rap" song over and over. I can't imagine how it must offend the other millionaires who's homes are also on Sunset since it would be equally offensive to them as well as the cruisers anchored. If I can provide you any additional information, let me know.

We are here on a Monk 36 trawler and formerly cruised several years on a Westsail 32.

Don Lacoste

[colemj]

Again, how is he putting moorings in without permits and the agreement of the harbormaster? And generally, you only get approval for one or two moorings.

Mark

[Kettlewell]

I learned today that the FWC went in there and took a look, and apparently these little boats are at anchor meaning they don't fall under the mooring rules. This indicates the FWC recognizes that Sunset Lake is a legitimate place to anchor for unlimited amounts of time.

[thinwater]

Originally Posted by Kettlewell

I learned today that the FWC went in there and took a look, and apparently these little boats are at anchor meaning they don't fall under the mooring rules. This indicates the FWC recognizes that Sunset Lake is a legitimate place to anchor for unlimited amounts of time.

So hang fenders on both sides and anchor in the midst. No rule against that.

[Kettlewell]

I agree, as far as I know there is no actual law saying how close to another boat you can anchor. After all people raft up all the time and they are actually touching.

[Kettlewell]

Miami Beach has pretty restrictive noise ordinances. If I was being bothered by noise in there I would report it to the Miami Beach Police or use the phone number listed here:

NOISE VIOLATIONS


Miami Beach is a dynamic community. One of the City’s goals is to ensure a balance between the exciting activities that make this such an exciting place to live, work and play. To that end, the City has adopted ordinances – such as a Noise Ordinance – that are designed to protect the residential quality of life, while maintaining the unique characteristics of our vibrant city.

WHAT IS NOISE?
Chapter 46, Article IV of the City Code defines what “noise” would be a violation of city code. The City code specifics that: “It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise.”

“Noise” is not limited to music, and can include other noises, such as horns, exhausts, shouting, animals, construction noise, etc.

Additionally, the “using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto” is also a violation of the noise ordinance. Further, the operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be “prima facie” evidence of a violation of this section.

You can find all of Chapter 46. Article IV. ‘’Noise’’ in our City Code.

REPORTING NOISE VIOLATIONS
Noise violations can be reported by calling 305.604.CITY. After hours and on weekends, select “Report a noise violation.” During the day, select the option to be transferred to the Code Compliance Division. You will be provided a tracking number to assist you in checking on the status of the complaint. You can remain anonymous.

VIOLATIONS
Violations of the noise ordinance can result in a written warning (first offense in a 12-month period), or fines (2nd or more offense in a 12 month period). A written warning carries no fine. However, if a second valid noise violation occurs within a 12-month period, then you can receive a violation that carries a fine. The fine for a first violation is $250. Additional fines within a 12-month period are $1000 (second violation); $2,000 (third violation); $3000 (fourth violation); and $5,000 (fifth and subsequent violation). The warning and fine schedule is the same for residential noise and commercial noise. Multiple commercial noise violations can result in the loss of use, or even the revocation of an occupational license.

APPEALS
Violations can be appealed to the Special Master. At an appeal hearing, the Special Master will hear testimony from the Code Compliance officer or other witnesses, and issue an order as to whether a determination of a noise violation has occurred. Refer to the back of the violation notice for specific information on how to file an appeal and request a hearing.

CHECKING ON A VIOLATION
If you wish to check on the result of a noise complaint, or to check on whether noise cases have been opened for a particular location, you can use our Permit Manager. You can enter either the tracking number provided at the time of the call, or the address of the location causing the noise.

[rgscpat]

Property owner and public rights are balanced in different ways in different places. But, there should be consideration of both. The laws should consider not only the property owners and boaters, but also safety, the environment, and everyone else affected.

Boat owners are responsible for damage they cause. If boaters are whizzing by too fast, causing hazards to navigation, rocking boats, eroding shoreline, disturbing wildlife, etc., they are violating their responsibilities and should be apprehended and cited. If law enforcement isn't doing its job, politely light a fire under their tails. The police might even appreciate video footage of the lawbreakers -- especially if it shows the offenders' registration numbers. A friend once sent cell phone footage of someone blasting through a no-wake zone to a park ranger. The ranger was happily waiting at the boat ramp, citation book in hand, when the violator arrived.

In some jurisdictions, boating activities are restricted within certain distances of marinas, launch ramps, shorelines, swimming beaches, and other boating activities. In my area, 50 yards is the magic number; for example, anglers aren't allowed to fish within 50 yards of a marina, jet skiers aren't allowed within 50 yards of anglers or sailors, and so on. The rule does get broken often, but it's better than no rule and is a starting point for education, and, if necessary, enforcement.

[Sailagain]

Originally Posted by rgscpat

Property owner and public rights are balanced in different ways in different places. But, there should be consideration of both. The laws should consider not only the property owners and boaters, but also safety, the environment, and everyone else affected.

Boat owners are responsible for damage they cause. If boaters are whizzing by too fast, causing hazards to navigation, rocking boats, eroding shoreline, disturbing wildlife, etc., they are violating their responsibilities and should be apprehended and cited. If law enforcement isn't doing its job, politely light a fire under their tails. The police might even appreciate video footage of the lawbreakers -- especially if it shows the offenders' registration numbers. A friend once sent cell phone footage of someone blasting through a no-wake zone to a park ranger. The ranger was happily waiting at the boat ramp, citation book in hand, when the violator arrived.

In some jurisdictions, boating activities are restricted within certain distances of marinas, launch ramps, shorelines, swimming beaches, and other boating activities. In my area, 50 yards is the magic number; for example, anglers aren't allowed to fish within 50 yards of a marina, jet skiers aren't allowed within 50 yards of anglers or sailors, and so on. The rule does get broken often, but it's better than no rule and is a starting point for education, and, if necessary, enforcement.

Huh? How does any of that apply to this situation? The news media has already broadcast footage of this guy harassing boaters - and an ethics investigation was undertaken - did you read this thread?