Consideration and approval of a resolution directing staff to negotiate with adjacent jurisdictional entities for purposes of enforcing noise violations that originate from vessels. Sponsored by Council Member Joshua Fuller

Page 1 of 5 1 RESOLUTION NO. 2 A RESOLUTION OF THE TOWN OF BAY HARBOR 3 ISLANDS, FLORIDA, DIRECTING THE TOWN MANAGER 4 AND TOWN ADMINISTRATION TO NEGOTIATE AND 5 ENTER INTO A MEMORANDUM OF UNDERSTANDING, 6 INTERLOCAL AGREEMENT, MUTUAL AID AGREEMENT, 7 CROSS-ENFORCEMENT AGREEMENT OR OTHER 8 APPROPRIATE AGREEMENT OR INSTRUMENT WITH 9 MIAMI-DADE COUNTY, THE MIAMI-DADE COUNTY 10 SHERIFF’S OFFICE, THE FLORIDA FISH AND WILDLIFE 11 CONSERVATION COMMISSION, AND/OR OTHER 12 APPROPRIATE AGENCIES FOR THE PURPOSE OF 13 PROVIDING COORDINATED AND JOINT ENFORCEMENT 14 OF NOISE REGULATIONS WITHIN THE TOWN’S AND 15 COUNTY’S JURISDICTIONAL WATERS; PROVIDING FOR 16 AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; 17 AND PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, the Town of Bay Harbor Islands (the “Town”) is a coastal municipality 20 whose quality of life, environmental character, and residential tranquility are closely tied 21 to the use and enjoyment of surrounding waterways; and 22 WHEREAS, in recent years, the Town has experienced an increase in excessive 23 and disruptive noise originating from vessels, including but not limited to amplified music 24 systems operating within Biscayne Bay and adjacent waterways; and 25 WHEREAS, such noise disturbances negatively impact residents, disrupt the 26 peaceful enjoyment of property, and may affect public health, safety, and welfare; and 27 WHEREAS, the regulation and enforcement of noise within navigable waters 28 involve overlapping and sometimes concurrent jurisdiction among multiple agencies, 29 including the Town, Miami-Dade County, the Miami-Dade County Sheriff’s Office Marine 30 Patrol (or successor agency), and the Florida Fish and Wildlife Conservation Commission 31 (“FWC”); and Page 2 of 5 32 WHEREAS, the Town Code of Ordinances and Miami-Dade County Code include 33 provisions addressing unreasonable or excessive noise, but effective enforcement on the 34 water requires interagency coordination, shared enforcement authority, and 35 operational collaboration; and 36 WHEREAS,

NOW, THEREFORE,

BE IT RESOLVED BY THE TOWN COUNCIL OF THE 51 TOWN OF BAY HARBOR ISLANDS, FLORIDA, AS FOLLOWS: 52 Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and 53 confirmed as true and correct and are incorporated herein by reference. Page 3 of 5 54 Section 2. Direction to Administration. The Town Commission hereby directs 55 the Town Manager and Town Administration to initiate discussions and negotiations 56 with Miami-Dade County, the Miami-Dade County Sheriff’s Office Marine Patrol (or 57 applicable marine enforcement unit), the Florida Fish and Wildlife Conservation 58 Commission, and any other appropriate governmental or law enforcement agencies. 59 Section 3. Purpose and Scope of Agreement. The agreement(s) shall provide 60 for coordinated and/or joint enforcement of noise regulations within the Town’s 61 jurisdictional waters; and adjacent Miami-Dade County waters impacting the Town. The 62 Agreement(s) may include, but shall not be limited to enforcement authority, operational 63 coordination, definitions of agency roles and responsibilities, communications and 64 dispatch, resource sharing, training and compliance, data collection and reporting and 65 legal and liability provisions. 66 Section 4. Form of Agreement. The Town Manager is authorized to pursue an 67 agreement in the form of a: 68 • Memorandum of Understanding (MOU); 69 • Interlocal Agreement; 70 • Mutual Aid Agreement; or 71 • Any other legally permissible instrument 72 as determined appropriate by the Town Attorney and participating agencies. 73 Section 5. Authorization and Approval. The Town Manager is hereby 74 authorized to negotiate the terms and conditions of such agreement(s), in coordination 75 with the Town Attorney. Any final agreement shall be subject to approval by the Town 76 Commission. 77 Page 4 of 5 78 Section 6. Implementation. The Town Manager, Town Attorney, and appropriate 79 Town staff are authorized to take all necessary administrative actions to: 80 • Carry out the intent of this Resolution; 81 • Engage with partner agencies; and 82 Present a finalized agreement to the Town Commission for consideration. 83 Section 7. Effective Date. This Resolution shall become effective immediately 84 upon adoption. 85 PASSED AND ADOPTED this 11th day of June, 2026. 86 Motion by: 87 Second by: 88 FINAL VOTE ON ADOPTION 89 90 Council Member Isaac Salver 91 Council Member Stephanie Bruder 92 Council Member Molly Diallo 93 Council Member Joshua Fuller 94 Council Member Eric Rappaport 95 Council Member Elchonon Shagalov 96 Council Member Robert Yaffe 97 98 99 100 101 Isaac Salver 102 Mayor 103 104 ATTEST: 105 106 107 108 Evelyn Herbello, MMC 109 Town Clerk 110 111 112 113 114 115 Page 5 of 5 116 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 117 FOR THE USE AND BENEFIT OF THE TOWN ONLY: 118 119 120 121 ___________________________________ 122 McCarter & English 123 Tania Cruz-Gimenez, Esq. 124 Interim Town Attorney 125 126