§ 28A-2. Definitions; applicability of chapter provisions; disclaimer of liability; right of access of public officers, etc.; use and enjoyment of premises; offenses and penalties.  


Latest version.
  • 28A-2.1. Definitions. Words not specifically defined in this Section 28A-2 which relate to maritime and shipping industries or practices, processes and equipment shall be construed according to their general usage in the shipping industry. The definitions contained in this section shall apply to Chapter 28A, Code of Miami-Dade County.

    (1)

    Abandon shall mean to forsake, desert, give up and surrender one's claim or right.

    (2)

    Area of cargo operations and ACO shall mean that portion of the Port of Miami (also known as the "port terminal facility") which is primarily devoted to the holding and handling of cargo and freight, and which the Director designates as an area in which limited ingress and egress is required for the safety, protection or security of the public and the cargo and freight within it.

    (3)

    Authorized shall mean acting under or pursuant to a written contract, license, permit, instruction or other evidence of right issued by the Board or the Manager or his designee.

    (4)

    Board shall mean the Board of County Commissioners of Miami-Dade County, Florida.

    (5)

    Bus shall mean a passenger motor vehicle designed to accommodate no less than twenty-one (21) passengers, exclusive of the driver.

    (6)

    Cargo shall mean the load, lading, goods or merchandise conveyed or consigned for transit upon any vessel or vehicle or stored at a port terminal facility.

    (7)

    Carrier of freight shall mean any person who is engaged or holds himself out as willing to be engaged in carriage of freight or passenger baggage by water or land between any point in the port and a point outside the port.

    (8)

    Checker shall mean any person employed to verify freight loaded, off-loaded or stored at the port, particularly freight handled by longshoremen. The term shall include foremen and crew leaders.

    (9)

    Commercial activity shall mean (a) the shipping, transferring, exchanging, trading, buying, hiring, or selling of commodities, goods, services, freight or property of any kind on the port, (b) engaging in any conduct on the port for revenue-producing purposes, whether or not revenues ultimately are exchanged, obtained, or transferred on the port, or (c) the offering or exchange of any service on the port as a part of, or condition to, other revenue-producing activities or services on or off the port.

    (10)

    County shall mean Miami-Dade County, State of Florida.

    (11)

    Courtesy car, courtesy van, and courtesy vehicle shall mean "courtesy vehicle" as defined in Section 25-1.1 of the Code of Miami-Dade County, except that the word airport shall be substituted by the word port, as defined in Section 28A-2. 1.

    (12)

    Department shall mean the Miami-Dade County Seaport Department, also known as the Dante B. Fascell Port of Miami-Dade.

    (13)

    Director shall mean the administrative head of the Seaport Department, appointed by the County Manager, the deputy or acting Director, or the Director's designee.

    (14)

    Domestic animal shall mean any animal of a species usually domesticated in the United States and customarily found in the home.

    (15)

    Explosives shall mean any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame or shock, or any device, the primary purpose of which is to function by explosion. The term "explosives" includes, but is not limited to, dynamite, nitroglycerine, trinitrotoluene ammonium nitrate when combined with other ingredients to for an explosive mixture, or other high explosives, detonators, safety fuses, squibbs, detonating cords, igniter cords and igniters. Explosives shall not include shotgun shells, cartridges or ammunition for firearms.

    (16)

    For-hire passenger motor vehicle, and limousine shall mean such terms as defined in Section 31-81 of the Code of Miami-Dade County. "Passenger motor vehicle" shall mean such term as defined in Section 31-102 of the Code of Miami-Dade County.

    (17)

    Freight shall mean cargo and passenger baggage carried, consigned or stored at any port terminal facility.

    (18)

    Law Enforcement Officer shall mean any person employed and vested with the police power of arrest under federal, state or county authority.

    (19)

    Longshoreman shall mean an employee of a stevedore or stevedoring firm at the port whose work consists of the freight loading or unloading of vessels at the port or the movement of freight incidental to, immediately prior to, or following such loading or unloading of a vessel.

    (20)

    Minibus shall mean a passenger motor vehicle designed to accommodate between twelve (12) and twenty (20) passengers, exclusive of the driver.

    (21)

    Motor vehicle shall mean a device in, upon or by which a person or property may be propelled, moved or drawn upon land or water. However, a device moved solely by human or animal power, or aircraft, or a device moved exclusively upon stationary rails or tracks shall be defined as a "vehicle," rather than as a "motor vehicle."

    (22)

    Operational directives shall refer to instructions, directives, rules and regulations pertaining to the operation of the Port of Miami, including Port of Miami Tariff No. 10 as amended, prepared and promulgated from time to time by the Director. When approved by the Board of County Commissioners, these operational directives shall have the same force and effect as County ordinances.

    (23)

    Operator, with respect to a vehicle or motor vehicle, shall mean any person in actual physical control thereof. "Operator," with respect to maritime or shipping services, shall mean any person carrying on the business of furnishing wharf, dock, warehouse or other terminal services or facilities.

    (24)

    Owner shall mean a person holding legal title to a vehicle or motor vehicle, or in the event that such vehicle is the subject of a mortgage, conditional sale or lease, then the person in whom the immediate right of possession thereof is vested.

    (25)

    Natural person shall be defined as a human being and shall not include a corporation a partnership, an association, a trustee, a receiver, or a governmental entity.

    (26)

    Parking enforcement specialist shall mean any department employee who successfully completes a training program established and approved by the Police Standards and Training Commission and is certified by the Commission to be a parking enforcement specialist.

    (27)

    Passenger van shall mean a passenger motor vehicle designed to accommodate no more than eleven (11) passengers, exclusive of the driver.

    (28)

    Person shall be as defined in Section 1.01(3). Florida Statutes, including a natural person and a corporation, a partnership, an association, a trustee, or a receiver. Person shall also include municipal, governmental and public bodies and their agents when such bodies or agents are using the port terminal facility.

    (29)

    Port shall mean the Dante B. Fascell Port of Miami-Dade, also known as the Port of Miami, and shall include Dodge Island and Lummus Island, port terminal facilities, and that area described as the "Miami Harbor" in the "Port of Miami Terminal Tariff," or any amendment thereto (issued by the County Manager under Administrative Order No. 4-4, pursuant to Section 4.02 of the Home Rule Charter).

    (30)

    Port security officer shall mean any individual employed by the Department for the purposes of maintaining security at the port.

    (31)

    Port terminal facility shall include, but not be limited to: harbor, channel, turning basin, anchorage area, jetty, breakwater, waterway, canal, lock, tidal basin, wharf dock, pier, slip, bulkhead, public landing, warehouse, terminal, refrigerating and cold storage plant, railroad and motor terminal for passengers and freight, rolling stock, railroad connection, sidetrack or siding, car ferry pipeline, shop administrative building, booth or office, tunnel, causeway, bridge, fence, parking lot, conveyors and appliances of all kinds for the handling, storage, inspection and transportation of freight and passenger traffic, whether between land and water or between two (2) vessel carriers.

    (32)

    Port watchman shall mean any watchman, gateman, roundsman, private investigator, guard, guardian or protector of property (whether employed by an person, carrier of freight, or the Department) to perform services in such capacity on any portion of the port, but shall not mean any Law Enforcement Officer.

    (33)

    Restricted area shall mean all areas of cargo operations and cruise operations, including (1) cruise passenger baggage terminals and (2) cruise passenger loading areas and all areas locked or posted as restricted areas.

    (34)

    Shipping industry shall refer to the movement of persons and property by water, and the means by which such movement is accomplished, and shall include, but not be limited to, the following:

    (a)

    Common carrier by water as defined in the Shipping Act of 1916, as amended, in 46 U.S.C. 801,

    (b)

    Common carrier as defined in the Interstate Commerce Act, as amended, 49 U.S.C. 1, when engaged in the transport of cargo or freight to or from a port terminal facility,

    (c)

    Motor carrier and private carrier of property by motor vehicle as defined in the Interstate Commerce Act, as amended, in 49 U.S.C. 303, when engaged in the transport of cargo or freight to or from a port terminal facility,

    (d)

    Air carrier, foreign air carrier and agent as defined in 49 U.S.C. 1301 when engaged in the transport of cargo or freight to or from a port terminal facility,

    (e)

    Vessel as defined in the Shipping Act of 1916, as amended, 46 U.S.C. 801,

    (f)

    Forwarding or forwarder as defined in 46 U.S.C. 801 and 49 U.S.C. 1002(5),

    (g)

    Employees, agents, servants or independent contractors of the above, and

    (h)

    Any person (including any governmental body) carrying on the business of furnishing a wharf, dock, warehouse or other port terminal facility in connection with any of the above.

    (35)

    Stevedore shall mean a contractor (but not including employees thereof) who for compensation moves, agrees to move, consigns or agrees to consign freight on a vessel, whether publicly or privately owned, at a port terminal facility that lies between a point in the port and a point outside the port. "Stevedore" shall also include a contractor (but not including employees thereof) who for compensation, performs or agrees to perform labor or services incidental to the movement of freight on a vessel at a port terminal facility; such movement of freight shall include the movement of freight into or out of containers which have been, a being or will be carried on vessels.

    (36)

    Taxicab shall mean any such term as defined in Section 31-81 of the Code of Miami-Dade County.

    (37)

    Traffic shall refer to pedestrians, vessels and vehicles, while operating within any port area.

    (38)

    Waterborne freight shall mean freight carried or consigned for carriage on a vessel.

    (39)

    Weapon shall mean a gun, knife, blackjack, slingshot, metal knuckles, or any explosive device, or any other like instrument capable of being utilized to coerce, intimidate or injure an individual.

    (40)

    Wild animal shall mean any animal of a species not usually domesticated in the United States nor customarily found in the home. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 81-88, § 1, 7-21-81; Ord. No. 88-116, § 1, 12-6-88; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 1, 6-2-98; Ord. No. 00-29, § 3, 2-24-00)

    28A-2.2. Applicability of Chapter 28A provisions.

    (a)

    Any permission granted to a person, corporation, partnership, or other legal entity by the Board, County Manager or Director, directly or indirectly, expressly or by implication, to enter upon or use the port, including the area of cargo operations and restricted areas, is conditioned upon compliance with Chapter 28A and operational directives and the payment of any and all fees or charges established and payable to the County; such fees and charges shall include any and all fees or charges established or approved by the Board or the County Manager; and entry upon or into port property by any person shall be deemed to constitute an agreement by such person to comply with such rules and regulations and to pay any such fees and charges.

    (b)

    It shall be unlawful for any person to do or commit any act forbidden by or to fail to perform any act required by these rules and regulations or to fail to pay any fees established and payable pursuant to Chapter 28A.

    (c)

    The Department, through its Director, may from time to time cause to be issued operational directives applicable to any port property. If any such operational directive contains a requirement that fees or charges by paid for any operation on or use of a port facility or property as defined in the operational directive, such fees and charges shall be established in accordance with the provisions of Chapter 28A. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

    28A-2.3. Port liability. The County assumes no responsibility or liability for any loss, injury or damage to persons or property at the port, nor in connection with the use of a port terminal facility. The placing of property of any nature, including freight on seaport property pursuant to port tariff, shall not be construed, under any circumstances, as a bailment of that property by Miami-Dade County; and Miami-Dade County, its officers, employees and agents shall not be considered as bailees of any property whatsoever. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

    28A-2.4. Access of public employees and law enforcement officers. Department employees and law enforcement officers shall have free and full access to and from any and all places and things on the port to make inspections and/or enforce the provisions of this chapter. No person shall obstruct or interfere with any Law Enforcement Officer or any designated Department employee conducting such inspection and/or enforcement or in the performance of any other power or duty required of such officer or employees. Provided, however, that such free and full access shall be subject to all appropriate federal statutes and regulations enforced by the U.S. Customs Service or other agency of either state or federal governments. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

    28A-2.5. Offenses and penalties. Every person who violates any provision of Chapter 28A shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment in the Miami-Dade County Jail for a period of not more than sixty (60) days, or both; provided, however, that parking and pedestrian violations shall be punished by a fine not to exceed the maximum allowable fine prescribed by the Laws of the State of Florida and/or the Code of Miami-Dade County, Florida. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 98-78, § 1, 6-2-98)

    28A-2.6. Emergencies. The Director is empowered to take such action as the Director deems necessary when an emergency exists at a port facility or property which, in the Director's judgment, presents an immediate threat to public health, security, safety or welfare, or to the operation of a port facility or property; provided, however, that in the exercise of such power the Director shall promptly notify the governmental agency(ies) or County department(s) having been assigned by the Board or County Manager primary responsibility for the handling and resolution of such emergency, and provided further that the Director's power herein granted shall cease upon the assumption of jurisdiction over such emergency by the governmental agency(ies) or County department(s) and such assumption of responsibility shall not be inconsistent with the requirements of any emergency procedure or program for a port facility or property adopted and approved by the Board. No action shall knowingly be taken by the Director hereunder or by any County department(s) contrary to any regulation or order of the Federal, State or County agency having appropriate jurisdiction. (Ord. No. 97-161, § 1, 9-23-97)

    28A-2.7. Trespassing. Whoever, without being fully authorized, licensed or invited, willfully enters or remains at a port facility or property, or a portion thereof, or having been authorized, licensed or invited to a port facility or property, or portion thereof, is warned or ordered by authorized Department personnel or a law enforcement officer to depart, and refuses to do so, commits the offense of trespass. (Ord. No. 97-161, § 1, 9-23-97)

    28A-2.8. Other laws. All applicable provisions of the laws of the State of Florida, now in existence or hereafter enacted, are hereby adopted by reference as part of these rules and regulations. (Ord. No. 97-161, § 1, 9-23-97)

    28A-2.9. Jurisdiction. The violation of any provision hereof shall be triable in the Miami-Dade County Court. (Ord. No. 97-161, § 1, 9-23-97)

    28A-2.10. Severability. If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid, the remainder of these rules and regulations and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. No. 97-161, § 1, 9-23-97)