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Old 20-02-2010, 11:16   #1
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Anchored Cruiser Harassed in Miami

Ok, I don't know enough to know whether this is legal or not. I have a friend who has been ordered to move his boat or be towed in 24 hours. He is not anchored in a fairway or anything like that I can see. You can see his post on his blog here .

Is there any one familiar enough with this situation to offer advise?

Thanks!
Gary
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Old 20-02-2010, 11:34   #2
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Thats sure a pretty little boat.
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Old 20-02-2010, 12:09   #3
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It seems unfair. But without knowing the rest of the facts, it's difficult to make a judgement.
How long has he been there?
Has he been warned before?
Any gray water discharge?
Black water?
Any complaints?

Remember how upset we get when a homeless person sets up camp within sight of our home. Or a mobilhome camps for weeks in the shopping center parking lot?

Move on, it's a price we pay to live for free amongst high raise condos.
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Old 20-02-2010, 12:18   #4
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That's Benji and Theresa Southbound from Martha's Vineyard. I hope they work it out. It sounds like a pain in the arse but hopefully it is just a miscommunication.
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Old 20-02-2010, 12:43   #5
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Anchoring Information for Florida Boaters
http://www.boatus.com/gov/GA005FLAnchoring.pdf

Excerpt:
"For several years, certain local cities and counties in Florida have been restricting the length of time that
boats are allowed to anchor. Legislative changes were made recently to Florida statute Chapter 327 which
should increase the boater’s ability to anchor within Florida. Some changes take effect July 1, 2009, and
others on October 1, 2009.
Unfortunately, many local law enforcement personnel appear to be unaware of the changes.
Boaters continue to be told by some officials that they are subject to anchoring limits.
Below is a summary of the anchoring portions of the law with citations.
We recommend that boaters carry this sheet with them when cruising in Florida..."
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Old 20-02-2010, 12:53   #6
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Old 20-02-2010, 14:49   #7
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Looks like he's calling himself a liveaboard in his blog. If so, then he IS subject to such enforcement if I understand it right. Were he a transient cruiser passing through, it wouldn't be a problem supposedly. Might have been a bit 'dangeroux' putting it into print.
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Old 20-02-2010, 15:36   #8
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Quote:
Originally Posted by cchesley View Post
Looks like he's calling himself a liveaboard in his blog. If so, then he IS subject to such enforcement if I understand it right. Were he a transient cruiser passing through, it wouldn't be a problem supposedly. Might have been a bit 'dangeroux' putting it into print.
Not according to the law:
"327.02 Definitions of terms used in this chapter and in chapter 328.—As used in this chapter and in chapter 328,
unless the context clearly requires a different meaning, the term:
(17)“Live-aboard vessel” means:
a) Any vessel used solely as a residence and not for navigation;
b) Any vessel represented as a place of business, or a professional or other commercial enterprise; or
c) Any vessel for which a declaration of domicile has been filed pursuant to s. 222.17."

He uses his boat for quite a bit of navigation.
Unfortunately I think Benji does use his boat as a place of business but whatever.
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Old 20-02-2010, 16:08   #9
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I live in Fl and find enforcement of laws a problem at times but this guy seems to be a part of the problem. he has been here for a month and a 1/2. his boat stinks so bad his neighbors are complaining. He is working to earn money but doesn't want to become part of the community. He is part of the reason that responsable cruisers are harrassed. If someone parked his car at the end of your block crapped behind the bushes and worked at day labor would you complain?
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Old 21-02-2010, 03:28   #10
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Originally Posted by s/vfootloose View Post
I live in Fl and find enforcement of laws a problem at times but this guy seems to be a part of the problem. he has been here for a month and a 1/2. his boat stinks so bad his neighbors are complaining. He is working to earn money but doesn't want to become part of the community. He is part of the reason that responsable cruisers are harrassed. If someone parked his car at the end of your block crapped behind the bushes and worked at day labor would you complain?
As I read it he had a problem with his head and has fixed it. You never had a problem with your head before? ( for reference please read this ) How many times have I smelled the stench of raw sewage because the city has had a broken sewer pipe? Dumping millions of gallons of sewage into the water. **** happens.
Many times I have had to put the petal to the metal to earn some dough while cruising and I didn't have much time to be very sociable, just get some sleep at the end of a long day. Have you invited him over for a glass of cheap red wine yet? Maybe that's all it needs to prime the pump.Community is a two way street. Seems like a very amiable guy to me. If I remember right and have read on this forum many times, cruisers need to stop to earn money on their journey. Comparing him to someone crapping behind the bushes at the end of your street is very unfair of you. How about something a little more constructive next time?

I started this thread to find some answers regarding the enforcement and first hand experince regarding the new anchor regs and current state of enforcement. Lets try and keep it to that. I'm sure some Florida cruisers could use it.
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Old 21-02-2010, 03:50   #11
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Quote:
Originally Posted by s/vfootloose View Post
If someone parked his car at the end of your block crapped behind the bushes and worked at day labor would you complain?
No I would not, I would live and let live!
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Old 21-02-2010, 06:16   #12
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There is much more to this situation that you all cannot understand.

The truth is that Ben was given no prior warning, all the boats were told different things, Ben is in full compliance with the law, he IS a cruiser not permanent in the anchorage, the cops would not provide the proper documentation, He HAS NOT been at that anchorage for a month and a 1/2 and he HAS NOT EVER put any waste in the water.....etc.

I could go on and on. There is much more to be said.

A cop said to one of the other sailors that if he didn't move and fought it in court then, the sailor would win, but only after paying for a lawyer, paying inbound fees, and the hassle. If the cops know that the sailor would win in court (because he is following the laws) why would they trouble the boats? In my book, thats harassment.

Teresa
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Old 21-02-2010, 07:45   #13
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One of the things that really surprised me (yes I was naive) was to see how many boats just pump overboard while at anchor... I guess one should have known this was happening with boats that sit at anchor for weeks at a time... or are bult with 3 heads and a 4gal holding tank... Kinda makes one think twice about letting the kids jump in the water when there are a few of these boats sitting around... I guess no one who is cruising would pull up anchor and sail out 3 miles just to dump the tanks... Yes I know about the argument that fish do it every day so whats the big deal... maybe it is not a big deal, just new information for me, and so far, something I am not totally comfortable with... I suppose once I am sitting comfortably on my boat anchored off the Miami skyline, moving offshore 3 miles or going to a marina every week will seem like a big hassle... afterall all those fish are dumping inside the limits everyday...
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Old 21-02-2010, 07:58   #14
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I do not know this guy but one when one of us is relieved of his lawful rights the rights of us all are threatened
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Old 21-02-2010, 08:14   #15
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Would it be uncool to get the name of the officer and post it? Sounds pretty unethical for an officer to harass someone in violation of the law.
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