"Dave" wrote
dougdotson@NOSPAMcablespeedNOSPAMcom said:

Turns out that enforcing such a law is generally in violation
of maritime law.

And the sea lawyer puts on his wig and argues to the court.

Roger that. City property is just what it says it is, city property. What
isn't city property in Miami Beach, FL, is already regulated by federal
authority.

Jack

[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR110.188]

[Page 396-397]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION

PART 110--ANCHORAGE REGULATIONS--Table of Contents

Subpart B--Anchorage Grounds

Sec. 110.188 Atlantic Ocean off Miami and Miami Beach, Fla.

(a) The anchorage grounds. The area to the eastward of a line
bearing 12 deg. (N. 12 deg. E.) through a point X, which is 1\1/2\
nautical miles due east of the intersection of the Miami Beach shore
line with the north jetty; to the northward of a line bearing 102 deg.
(S. 78 deg. E.) and intersecting the 12 deg. line at a point A, one-half
nautical mile north of the said point X; and to the southward of a line
bearing 102 deg. (S. 78 deg. E.) and intersecting the 12 deg. line at a
point B, 2\1/2\ nautical miles north of the said point X. The northern
and southern extremities of the 12 deg. line are marked by spar buoys.
The entire anchorage area lies north of the entrance channel to Miami
Harbor.
(b) The rules and regulations. (1) Except in cases of great
emergency, no vessel shall be anchored in the Atlantic Ocean in the
vicinity of the entrances to the approach channels leading to the cities
of Miami Beach and Miami, Fla., outside of the anchorage area hereby
defined and established--that is, they shall not anchor shoreward of the
line first named nor southward of the second nor northward of the third
line--but may anchor as far to the eastward as may be desired.
(2) Any vessel anchoring under circumstances of great emergency
outside of the anchorage area shall be shifted to new berths within the
area immediately after the emergency ceases.
(3) All vessels shall lie at anchor with as short a cable as
conditions will permit.
(4) A vessel upon being notified to move into the anchorage limits
or to shift its position on the anchorage ground must get under way at
once or signal for a tug, and must change position as directed with
reasonable promptness.
(5) Whenever the maritime or commercial interests of the United
States so require, the Captain of the Port, U.S. Coast Guard, Miami,
Fla., is hereby empowered to shift the position of any vessel anchored
on the anchorage ground or outside thereof, or of any vessel moored or
anchored so as to impede or obstruct vessel movements or obstruct or
interfere with range lights.
(6) Vessels carrying explosives shall be anchored only under a
written permit issued by the Captain of the Port and at such point as he
may direct.
(7) Vessels carrying explosives shall be at all times in charge of a
competent person, and must display by day a red flag, of not less than
16 square feet, at the masthead, or not less than 10 feet above the
upper deck if the vessel has no mast; at night a red light shall be
displayed in the positions specified for the red flag.
(8) Nothing in this paragraph shall be construed as relieving the
owner or person in charge of any vessel from the penalties of the law
for obstructing navigation, or for obstructing or interfering with range
lights, or for not complying with the navigation laws in regard to
lights, fog signals, or other aids to navigation, or for otherwise
violating law.
(9) All vessels desiring to use the Anchorage must notify the Coast
Guard Captain of the Port, via the Biscayne Bay Pilots on VHF-FM Channel
12 or 16.
(10) All vessels anchored within the anchorage area shall maintain a
24-hour bridge watch by an English speaking licensed deck officer
monitoring

[[Page 397]]

VHF-FM Channel 16. This individual shall perform frequent checks of the
vessel's position to ensure the vessel is not dragging anchor.
(11) Vessels experiencing casualties such as a main propulsion, main
steering or anchoring equipment malfunction or which are planning to
perform main propulsion engine repairs or maintenance, shall immediately
notify the Coast Guard Captain of the Port via the Coast Guard Group
Miami on VHF-FM Channel 16.
(12) The Coast Guard Captain of the Port may close the anchorage
area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the interest of
port safety.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD07-99-002, 64
FR 22554, Apr. 27, 1999]