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Old 07-13-2011, 04:15 PM
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Default Help with No-Wake zone

Any of you who live in Miami are most likely familiar with Marine Stadium. It is a man made basin about 1,500 ft wide and 5,000 ft long in Biscayne Bay. It was originally created for boat racing events and concerts on the water. Anyways, it has been the local spot for water sports ever since I can remember but a few years ago was turned into a No-Wake Zone. The reason a No-Wake Zone was created was due to a rowing club that kept complaining because there practices were being disturbed by wakeboarders, waterskiers, etc. Anyways, I have been doing a lot of research on the city's ability to just suddenly create a No-wake zone and have a feeling they cant do what they did. Under the Florida Administrative Code, the Marine Stadium basin is not part of the manatee zone. Under Florida statute a no wake zone can be created for multiple reasons, however it must be necessary and must be approved by the US Cost Guard and Army Corpse of Engineers.

Here is the problem. First off there is no state or city law that I can find making marine stadium a no wake zone. I have a feeling the city just stuck some signs out there and told the cops to enforce it. Second, even if there is some law, I don't think they have a legal basis for it.

If anyone knows anything about the creation of no wake zones I would really appreciate it as I feel the city is robbing us of the only spot for watersports in Biscayne Bay.
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Old 07-13-2011, 05:18 PM
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Good for you. I'll send a few bucks to help you fight when the time comes. Jerks ruined Ft. Lauderdale waterways. That gave me my first taste for how government operates as a teenager. Thanks to a small number of people, my son won't get to have half the fun I did as a kid.
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Old 07-13-2011, 05:47 PM
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Maybe this group has some more info or leads on this. It would be interesting to know what the City's legal authority to post it was. Pompano Beach tried that on the "Deadmans's Curve" section of the ICW south of Hillsboro Inlet about 20 years ago and the state made them take the signs down.
http://www.marinestadium.org/index.php

Went to hydroplane race at the Marine Stadium in the mid-eighties.
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Old 07-13-2011, 05:59 PM
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Originally Posted by flyau98 View Post
Good for you. I'll send a few bucks to help you fight when the time comes. Jerks ruined Ft. Lauderdale waterways. That gave me my first taste for how government operates as a teenager. Thanks to a small number of people, my son won't get to have half the fun I did as a kid.
Yeah, I remember Lauderdale when the only no-wake zones were under the bridges. Of course, when I was a kid, the things we did were probably considered cause for some of the no-wake zones. I had a family friend who was a water cop, so I never got busted . . . "you mean I can't run 80 through middle river no wake zone??"

I raced at Marine Stadium when I was young. Where the dry stack is now was the pit area. I would be curious as to the answer to your question. Because it was an event stadium, and the city originally built it . . . I wonder if they hold some private rights over the water there, or as you say, are they just posting signs and hoping no one contests it.
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Old 07-14-2011, 05:19 AM
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I know what you mean. I thought it was because the sailboats anchored in there were complaining. I was pulled over there as well and told to leave.
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Old 07-14-2011, 05:23 AM
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Originally Posted by mrm2083 View Post
........... First off there is no state or city law that I can find making marine stadium a no wake zone. I have a feeling the city just stuck some signs out there and told the cops to enforce it. Second, even if there is some law, I don't think they have a legal basis for it.
One option is to go ahead and speed through there and get a ticket, then take it to court and fight it. Take an attorney with you. At least you'll find out if there is a law.

A little easier and less stressfull would be to hire an attorney to research the situation and provide you with the law or legal opinion that there is no law or that it's unenforceable.
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Old 07-14-2011, 06:01 AM
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It seems that every time I take the boat out the idle speed zones have expanded even more. I grew up in Ft Lauderdale, too, and I remember when the boat was an easy and fast way to get around town by boat. Not so much anymore.

I also saw the races at the Marine stadium about 300 years ago when I was a kid and we snuck in through a gap in the fence to hang out by the barge on the far side of the basin. It's sad to see the place falling apart.
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Old 07-14-2011, 09:24 AM
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I'm actually a law student so I know how to and have access to all the statutes, case law, etc. Luckily that allows me to do all the research that I would need to pay for if not. I have already done extensive research and there definitely is not a No-Wake zone law for marine stadium, that I am 100% sure of. The only issue I have encountered, however, is that there is an (old) ordinance in place stating that marine stadium is a no-trespassing zone. Basically it says that no one can enter the waters of the stadium unless they have permission from the city. There is a way around that. Under FL law (which supersedes the city) all navigable waters are owned by the state in trust for all the people. This basically means that if it is navigable water it is owned by the state and no one (not even a city or county) can block public access to it.

The question with that is whether the fact that Marine Stadium is man made would exclude it from being navigable water.
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Old 07-14-2011, 09:36 AM
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Cities do this crap all the time. They enforce self made ordinances that only the state can grant permission to do. They do it on the water and on state highways. It rarely gets challenged. One example is the city writing parking tickets for pay parking zones on a State highway--but, they forgot to get permission from the State to have pay parking on the State highway. (I personally had a dealing with this parking issue in GA--I was right) Go get em.
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