47. The harbor master and his deputies, while on duty, shall be uniformed in white or blue cloth; the cap to be a regulation yachting cap, bearing the insignia of his office in gold letters, such as "Harbor Master ", "Deputy Harbor Master." 48. All vessels of 50 tons net register and over shall pay the harbor master of the port of Miami the following fee, according to tonnage, which will entitle the vessel to the harbor master's services prescribed by the port and harbor regulations, without further charge, while the vessel remains in port; the sum of not exceeding $20 according to the amount and value of the services rendered.

49. In the event of failure or refusal on the part of any master to pay the fees herein prescribed, the harbor master is authorized to go before any justice of the peace and sue out a warrant against said master for such failure or refusal, or, as he sees fit, to present the facts to the county solicitor for criminal prosecution.

50. It shall be the duty of the harbor master to supply himself with a boat not less than 20 feet nor longer than 50 feet, heavily constructed, with not less than a 35-horsepower engine, capable of a speed of 12 miles or better, for the performance of his work of making inspections, going to the assistance of any pilot boat or other boat needing his services, etc., said boat to be moored or tied in close proximity to the harbor master's office when not in use and plainly marked in letters of a contrasting color to the boat, that may be plainly seen, of not less than 12 inches in height, with the words, "Harbor Master 99 on each side, amidships. This boat and equipment must first be approved by the board of commissioners before being put in service by the harbor master, and shall be constantly maintained in good and seaworthy condition and subject to the approval of the board.

51. The master or consignee of any vessel wishing to move shall give the harbor master sufficient notice to enable him to give her a clear berth. The harbor master must be the judge of the time required.

52. The harbor master may remove any vessel or vessels moored to the ends of the wharves, or on either side of a dock, or lying in any part of a dock, which may be necessary, in his opinion, to expedite and render more safe and convenient the entrance or departure of any other vessel or vessels hauling at the time in or out of said dock.

53. The harbor master shall cut the fast or fasts of any vessel, or cause the same to be cut or cast loose, when the captain or the person in charge of such vessel refuses or neglects to slack her fasts, and to remove his vessel for the proper accommodation of another vessel passing in or out of her berth, or refuses to give up the inside berth, or to remove and moor his vessel in conformity with the foregoing regulations, or with the orders of the said harbor master.

54. Whenever the harbor master shall require the services of a tug to enforce an order for the removal of a vessel against the will of a master, the charge of the tug for such service may be guaranteed to be paid by the board; but it shall be the duty of the harbor master to collect the costs, fines, and fees for such removal from the offending vessel by warrant in the name of the board. The harbor master will see that due notice of this section is served on the master of all vessels.

55. Vessels when not engaged in loading or discharging cargo shall give place to such vessels as are ready to receive or deliver freight. And if the captain or any person in charge of any vessel refuses to move said vessel when notified by the owners or agents of the wharf at which she is lying, the harbor master shall order him to haul to some other berth, or into the stream, and should the captain or the person in charge refuse to obey the orders of the harbor master, then the harbor master shall himself move the vessel at the owner's expense, by the use of a tug, if necessary, and shall be entitled to the usual fee, to be recovered from the owners of the offending vessel with the costs of such removal.

56. The harbor master shall determine also how far and in what instances it is the duty of the masters and others having charge of ships and vessels to accommodate each other in their respective berths and situations.

57. All differences between the masters of vessels moored at the same wharf or in adjacent docks, and of vessels in the stream, with respect to the location and space occupied by their respective vessels, or the interfering with each other at their moorings, shall be referred to, adjusted, and settled by the harbor master upon proper presentation thereof.

58. The harbor master shall have the right to appoint a deputy harbor master to serve as acting harbor master in his absence, and such deputy shall

HARBOR REGULATIONS

269 have all the powers and authority of the harbor master while serving as acting harbor master.

59. The harbor master shall keep a daily record of events pertaining to his office in a log book, the same as any ocean-going ship, and shall submit a copy of it the first Monday of each month to the Board of Pilot Commissioners at the time that the pilots submit their report.

60. The harbor master will consult the United States Weather Bureau three times each day for the weather conditions, at 8 a. m., 12 m., and 5 p. m. daily, and as often as is necessary and with especial frequency when serious storms are brewing. The harbor master must keep himself informed of the weather conditions at all times.

61. At the approach of any serious storm the harbor master is authorized to hire laborers, not to exceed 10, at a rate of not to exceed $5 per day each, to assist him in his duties preceding any serious storm or hurricane.

62. The harbor master will report to the board any breach of regulations that he may notice among the pilots.

63. The harbor master will at all times give every assistance that he can to the police forces of the cities of Miami, Miami Beach, Coral Gables, Hialeah, and Coconut Grove.

64. The harbor master is not required to file aboard vessels on arrival a copy of these rules and regulations, but a delivery of same to the agent or broker of such vessels shall be deemed due notice in law to such vessel.

Harbor regulations.

65. No vessel shall anchor in the bay, river, or canals, or extend her fasts so as to interrupt the navigation of said bay, river, or canals, or the passage of the ferryboats to and from the usual place of landing on either side of the bay, river, or canal. Each day shall be considered a separate offense.

66. No vessel shall extend her hull, bowsprit, yards, rigging, or fasts so as to interrupt the passage in or out of the public docks, under the penalty of $5 for each and every hour said offense shall continue after notice from the harbor master.

67. No master or owner of a vessel shall disobey or neglect such orders and directions as may be given by the harbor master, in times of hurricane or gales of wind, relating to the safety of vessels and property in the harbor.

68. No vessels having on board grain, fish scrap, or articles evidently in a state of putrefaction or offensive shall haul to or lay at any wharf, but shall anchor at a station to be designated by the harbor master, until the order of the boat shall be known, under the penalty of $100 for each and every hour such offense shall continue after notice from the harbor master. Nor shall any vessel discharge offensive bilge water within the harbor limits or in any of the waters of Dade County.

69. Should any hulk, raft, flat, or other obstructive substance become sunken, from any cause, in the harbor, the same shall be immediately removed by the person owning same or having custody thereof; and in case efforts are not immediately made for the removal thereof, the commissioners may exercise their discretion of using other means of abating the nuisance, even to the confiscation or condemnation of such obstructions.

70. No private or public docks, wharves, or spillways shall be incumbered with logs, boats, dilapidated hulks, or other trash of nuisance of any kind; and if any such incumbrance be not removed immediately upon notice from the harbor master, every day or fraction thereof the nuisance remains in existence shall constitute a separate offense. And when the owner cannot conveniently be found, the harbor master shall take the most speedy method to clear the dock, wharf, or spillway.

71. No flat, or raft, or any boat or vessel shall be cast loose or adrift without the consent of the harbor master.

72. Any master or other person having charge of any vessel, boat, barge, flat, or raft who shall refuse or neglect to obey the directions of the harbor master in any matters within his authority, or shall molest, resist, or oppose the harbor master in the execution of any of the duties of his office, forfeit and pay a fine not exceeding $100 or be imprisoned not exceeding 60 days (7995 C. G. L. 1927).

73. Every vessel must always have on board a shipkeeper or person capable of taking care of her, or some arrangements must have been made for her care under all conditions.

74. No vessel shall be graved at any wharf or in any of the docks where vessels load or discharge.

75. Every ship, vessel, or steamer lying in one of the docks or moored to a wharf shall keep a light burning on board thereof from dark until daylight, said light to be suspended conspicuously amidships, 10 feet above the deck of the vessel. The master, owner, or other person having charge of any ship, vessel, or steamer making default herein shall be liable to a penalty of imprisonment not exceeding 60 days or a fine not exceeding $10.

76. Any water-logged vessel coming into the port of Miami with cargo on board shall notify the harbor master before docking in the port. Until receiving instructions as to docking in said port, such vessel may anchor in the old channel just north of Fisher's Island. All other vessels arriving, whether light or with cargo, shall anchor off Fisher's Island, in the old channel just north of Fisher's Island, until receiving orders from the harbor master as to dockage or anchorage. 77. No vessel using fuel oil is permitted to discharge such oil from its tanks or bilges into the waters of the harbor or of Dade County. If necessary to discharge such oil, they are required to discharge with a lighter, which lighter shall not be permitted to discharge same in the harbor limits or within Dade County.

78. All ashes from the fireroom shall be placed on deck and protected so that same will not go into the harbor. Ash chutes shall be kept on deck instead of over the rail. No ashes shall be dumped in the water of Dade County.

79. Commercial vessels that do not hire bar pilots shall call up the pilot station at Miami Beach and ascertain if the channel is clear for them to proceed to sea; this to be in conjunction with the harbor master's orders.

80. No temporary or permanent moorings shall be placed in any of the waters of the port of Miami without first getting permission from the harbor master or his deputies, the deputy to make a report to the harbor master what permission he has issued.

81. No vessel of any description shall anchor or lie in the fairway or channel, or any fairway in the waters of the port of Miami, from the sea to the turning basin or in the turning basin. Fine of not exceeding $100 or 60 days in jail.

82. Foreign ships shall not enter the harbor after 5 p. m., except in case of bad weather when anchorage is needed.

83. Masts and stacks of small boats shall be provided with hinges so that they may pass under the draws and the drawbridges will not have to be unnecessarily lifted and delays caused to traffic on causeways or bridges.

84. All barges shall be numbered and lettered with the name of the owner on each side in 12-inch letters and numbers, and shall show two red lights on the after part of the barge at night while in tow.

85. Scheduled ships shall have right-of-way of all traffic in the main channel from the turning basin to sea or vice versa.

86. Vessels of any description shall not open their exhausts on rivers, canals, or creeks; nor in the bay not less than 250 feet from shore.

Anchorage of explosives.-87. No vessel having gunpowder, dynamite, or nitroglycerine, or any other explosive substance on board shall approach any wharf nearer than 100 fathoms. Such vessels shall anchor out of the way of passing steamers, and shall keep a red flag flying in main rigging while receiving or discharging powder. The handling of powder, dynamite, or nitroglycerine or any other explosive substance to and from vessels in the harbor must be under the supervision of the harbor master, whose duty it is to see that every precaution against danger of ignition or explosion is adopted and rigidly observed.

88. Vessels carrying explosives shall be anchored only within the anchorage ground described above under the heading "Anchorage for Explosives ", which may be used also by vessels carrying other classes of freight when proper anchorage space is not available elsewhere in the harbor, including the connected rivers.

The term "high explosives in bulk" shall be construed to mean high explosives packed in boxes, barrels, or kegs and not loaded in ammunition or shells. The standard definition of the term "high explosives" will be that contained in paragraph 1503 of the regulations of the Interstate Commerce Commission for the transportation of explosives by rail, viz: “High explosives are all explosives more powerful than ordinary black powder, except smokeless powder and fulminates. This distinguishing characteristic is their susceptibility to detonation by a blasting cap. Examples of high explosives are the dynamites, picric acid, picrates, chlorate powders, nitrate of ammonia powders, dry

trinitrotoluol, dry nitrocellulose (gun cotton), and fireworks that can be exploded en masse.' Unless they are loaded in the same vessels with articles enumerated in the rate quoted above, picric acid 10 percent wet, and trinitrotoluol 10 percent wet, and nitrocellulose (gun cotton) 20 percent wet will not be classed as high explosives.

The term "high explosives in bulk" does not include such articles as benzol, toluol, smokeless powder, black powder, small-arms ammunition, ammunition for cannon with explosive projectiles, explosive projectiles or torpedoes, percussion fuses, time fuses, combination fuses, tracer fuses, cordeau detonant, primers for cannon and small arms, blasting caps, detonating fuses, and fulminate of mercury in bulk. Blasting caps, detonating fuses, and fulminate of mercury in bulk will be considered as constituting a distinct class by themselves. The act of Congress approved March 4, 1921, imposes certain restrictions upon the transportation of explosives by common carriers engaged in interstate or foreign commerce, and also provides that "The Interstate Commerce Commission shall formulate regulations for the safe transportation within the limits of the jurisdiction of the United States of explosives and other dangerous articles, including inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land or water, and upon all shippers making shipments of explosives or other dangerous articles via any common carrier engaged in interstate or foreign commerce by land or water." Other vessels will be governed by the following rules: (a) Where blasting caps, detonating fuses, and fulminate of mercury in bulk are located on the same vessel with high explosives, they must be in a different compartment, the distance in a straight line from the compartment containing them to the explosives to be not less than 25 feet. (b) In transferring high explosives in bulk, blasting caps, detonating fuses, and fulminate of mercury from one vessel to another they must be handled by hand or regulation chute and mattress.

If difference in elevation between vessels or condition of weather render it impossible to transfer or load by hand or chute, mechanical hoists and a special crate of basket may be used. Explosives transferred in this manner must not be handled roughly. They must be hoisted and lowered carefully and only deposited or lowered on a mattress.

89. Vessels carrying high explosives shall be at all times in charge of competent persons and must display by day a red flag, of at least 16 square feet, at the masthead, or at least 10 feet above the upper deck if the vessel has no mast; at night a red light shall be displayed in the same position specified for the red flag. No smoking will be permitted on or near such vessels, and no person under the influence of liquor will be allowed on board any vessel, barge, or scow carrying explosives, nor will he be allowed to approach such vessels.

90. Nothing of these rules and regulations 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, etc.

Speed limits.-91. Speed: This is a very important matter in such a small harbor as Miami, and vessels and boats of all descriptions will carefully observe the following rules:

(a) On the Miami River, 6 miles per hour.

(b) From mouth of Miami River, south, 6 miles per hour until striking the main channel, then there is no speed limit, except ship's officers must use discretion in passing smaller craft at a high rate of speed, so as not to endanger life. (c) From the mouth of the Miami River to the Government Cut by the old channel, no speed limit.

(d) From the mouth of the Miami River, north along Bayfront Park, the city yacht basin and 400 feet north of same, 6 miles per hour.

(e) Main channel, no speed limit.

(f) The channel between the two causeways to Miami Beach, no speed limit. (g) In the channel north of the Venetian Causeway, no speed limit.

(h) Between the east drawbridge on the County Causeway and the east drawbridges of the Venetian Way, no speed limit, if the boats are held squarely in the channel, but any boat using the waters between these two points, and for 200 feet from the shore, 6 miles per hour.

(i) North of the east drawbridge of the Venetian Way, around Bell Isle to Fisher's slips, 6 miles per hour.

(j) In Indian Creek, Miami Beach, and in all canals in Dade County, 6 miles per hour.

(k) From Fisher's slips, north, no speed limit.

(1) From the west drawbridge of the Venetian Way in the main channel to the northern boundaries of the bay, no speed limit.

92. High-powered vessels shall not pass each other at a speed of more than 15 miles per hour. When passing smaller boats, such as row boats and the like, all vessels and power boats must slow down so that such small boats will not be endangered.

93. All tugs and other vessels towing, being in tow, or running light shall keep to one side of the channel when a ship is passing in either direction.

94. When passing the causeway dock, vessels shall slow down to only such speed as will give steerage way. This is left to the judgment of the master and pilots.

95. Any vessel or boat which causes damage to other crafts by suction or the swell from such vessels shall be responsible for any damage which may occur by reason thereof, if the injured vessel has taken reasonable safety precautions. 96. Speed limits for the canals, rivers, and creeks in Dade County shall be 6 miles per hour.

Penalty.-97. Whoever violates any of the foregoing rules or regulations shall be punished by imprisonment not exceeding 60 days, or by fine not exceeding $100 as provided by section 7995, Compiled General Laws of Florida, 1927. Wharves. According to surveys in 1935, the depths at mean low water at the wharves in Miami Harbor were as follows:

The principal wharves in the Miami River can accommodate any boats able to enter the river.

City Yacht Basin dockage rates.-The following are the dockage rates for private yachts at the City Yacht Basin:

A daily rate of 3 cents per foot per day to be charged the year around, with a charge of $1.50 per thousand or 25 cents per hundred gallons of water for any yacht laying less than 4 days continuous at the dock.

A monthly rate of 21⁄2 cents per foot per day from December 1 to April 1 and 1⁄2 cent per foot per day from April 1 to December 1, payable in advance. A season rate of 2 cents per foot per day may be had upon payment of December and March in advance.

A yearly rate may be had at any time upon payment of a year's dockage in advance at 1 cent per foot per day, with a 10-percent discount. A discount of 5 percent may be had upon payment of any 6 months in advance.

All yachts laying alongside of another yacht will be charged half the regular rate except for one row boat.

From November 1 to May 1, any yacht reserving space in advance shall pay one-half of the regular rate in advance of arrival, and regular rate thereafter. Any yacht on daily or monthly rate leaving for a week or more may reserve a berth at one-half regular rate, but must give approximate date of return on leaving and 24 hours' notice of arrival.

City of Miami reserves the right to use space when known to be vacant.

Anchorages. There is no available anchorage for ocean-going vessels inside Miami Harbor. Such vessels must use the anchorage grounds described below. Yachts and small craft usually lay alongside the various wharves, but in winter such accommodations are