Miami Beach Anchoring Harassment

[MicHughV]

..this thread has been covered under several different headings on this forum.

Myself, personally, have also had to tangle with a " homeowner" bitching about "blocking his view"...I can't find the words to express my frustration and anger with this "blocking my view" scenario. At it's most basic, it is a spoiled rich person reverting to being a " cry baby".....waaaaaaa, officer.....dat bad man is blocking my view!"...passing boats don't block his view, seagulls don't block his view....storm clouds don't block his view, the house across the way does not block his view.....but my anchored boat blocks his view.

His view of what ? He can't see past my boat to the "view" on the other side.
My boat is at the water level, his house is usually 10' or more above me....but he can't see over me or thru' me.

And like a previous poster said, when my boat swings at anchor, does it mean I continue to block his view from his bathroom window?

And when ? Does the homeowner spend his days standing by his window ?
What about at night.....am I still blocking his view of darkness?

"blocking my view" is pure unadulterated ********.!!!

It just pisses me off!!!

Strangely enuff, Miami is smothered with boats. Seems like every waterfront homeowner has a boat hanging in davits, or on docks, etc.
His own boat or his neighbor's boat doesn't block the view, and those boats are literally in their backyard, but that is ok.......it's just YOU, the transient boater who blocks the view....
Shame on you !!!! For upsetting dat spoiled brat homeowner.

Better go to " confession" and pray for your sins and promise to never do it again. !!

[Hardhead]

Ask the officer for a written copy of the law - just so you can study it. If he doesn't have it - ask him for the cite - he better be able to provide that.

If you want to dig in your heels - let him write a ticket, and go to court. Some officers have bad attitudes, and the judges know them. Sometimes they are chastised in Court - other times not. Some laws are known to be unenforceable by judges, but are never taken off the books.

If he can't provide a cite to the exact law, that would seem to call his bluff - I would expect.

[dancor01]

Here is a situation I see days after days.
A 20 footer day sail boat there is 10-12 persons on it. You would think that any law enforcement would do something about it. Guess again.
Now for the cherry on the cake it's chartered, And the skipper is 17 years old.
Welcome to FL

[dwedeking2]

Originally Posted by TonyP45

I'm a confused Brit. You have Marine Police and Coastguard come check out your boat is legal? What is that about in the Land of the Free? On inland rivers and canals here we are required to have a safety certificate/licence and the relevant authorities do check these occasionally. At sea the CG or Border Authority can board you if they suspect illegal activity such as smuggling but never to inspect the condition or compliance of your boat. We can only get prosecuted for being drunk in charge of a boat under way or disobeying harbour speed limits. Best you drop your anchor in some West Coast of Scotland loch, you'll never be harassed again!

Oh, we really didn't mean all that stuff back then. It was just marketing hype to get away from your taxes. We Americans loves us some rules.

[Togreenfeet]

Originally Posted by SKMT

I bought and moved onto a trawler about 6 months ago. I had a waterfront apt in Miami Beach, and the owner still allows my to tie my tender up to his dock when i need to go ashore. So I've been hanging out on the hook in a nearby bay. Eventually I plan to move around more, but I'm still getting everything setup exactly how I want (need to add a watermaker, etc), and I also want to stay close to homebase during my 1st hurricane season.

However, waterfront homeowners have been calling the marine police on me. Multiple cops had said i was legal in my original location, but i got sick of the harrassment so i moved to a wider part of the bay. I'm now 150yards from any shore, but homeowners are still calling every agency on me. City marine patrol doesnt even come bother me, they tell the callers directly that i am legal. The other day the coast gaurd boarded me (at request of a homeowner), but i fully passed the inspection (I have an electro scan).

Then yesterday, an FWC came, and told me I couldn't be there because "there's alot of wealthy people around here". I asked what difference that makes and he got pissed. It was clear they had nothing to complain about (im quiet, my boat is operational, etc), except that they just dont like the fact that I am there. To my knowledge, and from what the MB police have told me, the only places i cannot anchor in MB is Sunset Harbor and around the Star Islands (venetian causeway). However, this FWC officer insisted to me that all the other officers/agencies dont know the law and he does. He claims there is a Miami Beach law that I can only be anchored in "designated anchorages". He was a real jerk about it threatening to "start writing tickets", but i got him to give me a week to move.

Ok then later that day, I flagged down a Miami Beach boat cop, and he confirmed that he has never heard of any Miami Beach law which this FWC claims exist. This makes me want to stand my ground.

Id rather avoid negativity and conflict, but this seems like a line in the sand. This FWC officer said I cannot anchor ANYWHERE in Miami Beach except a couple of "designated anchorages". That would be very inconvenient because my current location is well protected, has a safe place to tie up my tender, recieve mail/packages, free street parking, as well as a free place to dispose of trash and fill jugs of water.

Looking for further advise on whether this FWC has a leg to stand on, or if he is just trying to bully me illegally under demand of "wealthy people"?

Also if I challenge this, are there any boater lobby groups, I should contact? I've read that Boat US has fought FL anchoring legislation in the past.

Thanks!

Money talks, I would ask “ what law FWC is quoting?” Surely they can’t be making stuff up ??????

[Interested]

Originally Posted by capt jgw

People don't get wealthy by being nice guys. Sure, they may have inherited the money, but somewhere along the line it was originally made by greed, corruption, and/or downright robbery. Some of these people are dangerous.

Jealous much?

[letsgetsailing3]

Originally Posted by dwedeking2

Oh, we really didn't mean all that stuff back then. It was just marketing hype to get away from your taxes. We Americans loves us some rules.

Maybe, but we don't like them (or taxes) as much as the Brits or the Europeans.

Well, except maybe California.

[Captain Bill]

Originally Posted by Togreenfeet

Money talks, I would ask “ what law FWC is quoting?” Surely they can’t be making stuff up ??????

They lie all the time to get a desired result. They're hoping that their air of authority intimidates you and you do what they say. One of my children took the basic law enforcement training course and and was taught to do so. This is primarily to trip up and confuse a citizen so much that they make some statement that can be twisted into a confession of a crime even when no crime has taken place. I would point out that while it is not a crime for the police to lie to you it is a crime for you to lie to them. So if a police officer tells you there is a law that requires you to do something and they tell you they are going to let you off with a warning or give you a week to comply, there is a very good chance that they are making it up. This is especially true if an official warning ticket is not given to you.

[skenn_ie]

To the cop who says that you have to move or get a ticket, ask WHAT law you are breaking, and for him to quote it, and where it is published. I had a disagreement with a Harbour Authority some years ago when they insisted that mine was a reportable vessel. Their website stated that COMMERCIAL vessels on this size are reportable. This is not a commercial vessel. I may push that point at some stage, when I feel more secure in not NEEDING to go there.

[skenn_ie]

Originally Posted by Captain Bill

They lie all the time to get a desired result. They're hoping that their air of authority intimidates you and you do what they say. One of my children took the basic law enforcement training course and and was taught to do so. This is primarily to trip up and confuse a citizen so much that they make some statement that can be twisted into a confession of a crime even when no crime has taken place. I would point out that while it is not a crime for the police to lie to you it is a crime for you to lie to them. So if a police officer tells you there is a law that requires you to do something and they tell you they are going to let you off with a warning or give you a week to comply, there is a very good chance that they are making it up. This is especially true if an official warning ticket is not given to you.

Bullies come in all shapes and sizes, and can be found in almost every environment.

[skenn_ie]

Blocks his view! He doesn't own the view. He owns the real-estate. People who construct boathouses or haul-out facilities, do they own the water that they occupy ? Maybe, as here, there is a facility to lease it, or license it, from the State. Licenses tend to be short term, and for a specific purpose though (dredging).

[john61ct]

Originally Posted by MicHughV

this "blocking my view" scenario. At it's most basic, it is a spoiled rich person reverting to being a " cry baby" ..... waaaaaaa, officer.....dat bad man is blocking my view!"...passing boats don't block his view, seagulls don't block his view....storm clouds don't block his view, the house across the way does not block his view.....but my anchored boat blocks his view.

My theory is, it's psychological

their ego prefers a fantasy of "communing with nature in solitude" or "king of all I survey",

which requires no other humans in sight

Like a skyscraper condo, rest of humanity as if ants

or the weekend country house high on a hill, the main views are empty gardens, woods and rolling fields, not the gardener's cottage or pool

whereas the Poors have to overlook actual human activity, be reminded the world is shared

[OleBird]

If FWC shows up again ask him for his warrant - otherwise tell him to get off the boat. If he threatens to write a ticket - tell him please oh please write the ticket - see you in court. (just make sure he has no true cause). You can make his life miserable by dragging out court proceedings, thereby interrupting his drinking time with his rich friends. Be interesting to see how a judge feels about his knowledge of the law.



But - unless you are prepared (financially) to play the game with Richie Rich - you will ultimately lose - even though you are 100% within your rights. It's just the nature of our Oligarchy (... I mean democracy). And don't think they are not capable of violence - not unheard of to find 45cal bullet holes just below the water line around here!!


Georgia just passed some new Oligarchy driven laws related to keeping their views free of nasty little boats ?


The reason I lived on my boat (and will again) was so when I didn't like the neighborhood, I could pull up the hook and move to more friendly waters. But before you leave, get the names and addresses of those most likely to have complained. Drop your hook in the AVI's or BVI's - blue water and lonesome beeches - send them a photo post card - with your views - drives 'em nuts!

[Lemsteraak]

Take care not to hack off homeowners, they can get creative. Sounds like your beef isn't with law enforcement, they are just the messengers. Maybe leaving and mooring over weekends or something might make them happy, who knows?

An example of homeowners (municipalities) getting creative is the story of Forbes Island. For decades, Sausalito wanted to get rid of a very cool "floating island home" off Sausalito in their anchorage. They finally managed to get him to move by having the "island" classified as illegal bay fill by the BCDC, a bay area concervation commission. BCDC wasn't designated to have this jurisdiction but made it their business and in the end forced him to leave. The thinking was because his island home didn't have an engine and couldn't navigate on its own it was considered to be "fill" and not a vessel. Here is a wiki with some of the story - https://en.wikipedia.org/wiki/Forbes_Island

Bottom line, you can buy an island in San Francisco but you need to find a place to keep it.

[Group9]

Originally Posted by Lemsteraak

Take care not to hack off homeowners, they can get creative. Sounds like your beef isn't with law enforcement, they are just the messengers. Maybe leaving and mooring over weekends or something might make them happy, who knows?

An example of homeowners (municipalities) getting creative is the story of Forbes Island. For decades, Sausalito wanted to get rid of a very cool "floating island home" off Sausalito in their anchorage. They finally managed to get him to move by having the "island" classified as illegal bay fill by the BCDC, a bay area concervation commission. BCDC wasn't designated to have this jurisdiction but made it their business and in the end forced him to leave. The thinking was because his island home didn't have an engine and couldn't navigate on its own it was considered to be "fill" and not a vessel. Here is a wiki with some of the story - https://en.wikipedia.org/wiki/Forbes_Island


Bottom line, you can buy an island in San Francisco but you need to find a place to keep it.

There is a reason they are referred to as "the rich and powerful" as opposed to calling them "the poor and weak".

If you can't use it to get your way all of the time, what's the point of being rich and powerful?