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Ordinance 1512 ORDINANCE NO. 1512 AN ORDINANCE AMENDING SECTION 22.41 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 22.41 of "The Code of the City of Miami Beach, Florida, 1950", be and the same is hereby amended to read as follows: "The provisions of Part I of Chapter 371, Florida Statutes 1963, are hereby adopted and incorporated herein and made a part of this Code by reference. Whenever said provisions prohibit any act or require the doing of any act, or declare the failure to do any act to be unlawful, the violation of said provisions shall be punishable as hereinafter set forth. The following violations of Section 22.70 of the Code of the City of Miami Beach (Chapter 371 of the Florida Statutes) , are designated as (1) violations requiring court appearance and the posting of bond, as hereinafter designated, or as (2) violations not requiring court appearance but requiring the payment of the prescribed fine, as hereinafter designated, in lieu of court appearance, within 48 hours from the date of commission of said violation, Saturday and Sunday and holidays excluded. The same procedure shall be followed by the Clerk of the Municipal Court in processing said violations as is presently established for parking violations filed in said Court and that any person charged with such violation shall have the right to appear in said Court to answer to said charge in lieu of paying the prescribed fine hereinafter designated. 1. A violation not requiring court appearance, as hereinafter designated, may, if, in the discretion of the officer issuing the com- plaint and summons therefor, there exists any good and valid cause for requiring the alleged violator to appear in said Court to answer to said complaint and summons, be changed by said officer to a violation requiring courtappearance and the posting of bond, as hereinafter designated for such violation. 2. If the violation requires court appearance and the posting of bond, as hereinafter designated, and if, in the discretion of the officer issuing the complaint and summons therefor, there exists reasonable cause to believe that the alleged violator will appear in said Court, or there appears to be an unusual detriment that will be -I- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA suffered by the alleged violator, said violator may be released by said officer without the posting of said bond by accepting a written notice to appear from said officer, in the form attached hereto, provided, however, that the foregoing shall not apply to any complaint charging leaving the scene of an accident, in violation of Section 371.50 (l) . .. operating or being in control of vessel while under the influence, in violation of Section 371.51 (1) , or skiing or aquaplaning while under the influence, in violation of Section 371.53 . 3 . Any alleged violation not specifically designated below, but provided for in Chapter 371 of the Florida Statutes, shall be treated as a violation not requiring court appearance but requiring the payment of a fine in the amount of $10 .00 or, in the discretion of the officer issuing the complaint and summons, as provided in paragraph 1, above, the posting of bond in the amount of $25 .00 . � n 0 0 I✓ Iv n n rt !4 rt 0 > > � � �u10 �dF0 m m m m 4 W I✓ n Iv n IJ- a o K �. m 0 m 0 �Dj (D o m FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371.041 Operating or per- X $25 .00 mitting operation of unregistered or unnumbered motorboat 371 .051 (5) Improperly or illeg- 25 .00 X $10 .00 ibly displaying number on motorboat 371 .051 (5) Failing to use number 25 .00 X 10 .00 of proper size, height or color 371.051 (5) Failing to have cer- 25 .00 X 10 .00 tificate or registra- tion on possession when operating motorboat 371.051 (7) Failing to display or 25 .00 X 10 .00 improperly displaying decal furnished with registration certificate 371.051 (9) Failing to obtain new X 25 .00 registration certifi- cate when classifica- tion of boat changes from pleasure to com- mercial or vice versa -2- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE--MIAMI BEACH 39, FLORIDA O O s✓ 1✓ fi n rt. t4 rt- 0 rt > F0 FO �d F 1-0 (D (D (D (D P- Pi td F- QJ n �J O n �5 �• (D n 1.1 (D n FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371.071 (2) Failure of manufac- $25 .00 X $10 .00 turer or dealer of motorboat used for demonstration to properly display number 371.081 Operating motorboat 25 .00 X 10 .00 numbered under Federal or other state law more than 90 days without recording such number under Florida law 371.091 Failing to correctly 25 .00 X 10 .00 space digits and letters of motorboat identifi- cation number 371.101 Failing to notify 25 .00 X 10 .00 Florida Board of Conservation of trans- fer of ownership, de- struction or abandon- ment or motorboat with- in 15 days thereof 371.141 (1) Failure of operator of X 250 .00 vessel involved in accident to render assistance to persons involved 371.141 (2) Failure of vessel oper- X 250 .00 ator to report death, personal injury or more than $50 property dam- age to sheriff of nearest county 371.50 Reckless operation of X 100 .00 vessel, water skis, aquaplane or similar device -3- OFFICE OF CITY ATTORNEY— 1130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA 0 0 0 G G H H 0 0 ro rtro zro zro (D (D mm H J O H G Y a m a a m 0 FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371.501 Failure of person X $ 50.00 involved in vessel accident, including property damage of $25 or more, to re- port accident to sheriff of nearest county, Florida Hoard of Conservation or Florida Game and Fresh Water Fish Commission 371.502 (1) Failure of operator X 100.00 of vessel involved in accident to stop and give other vessel oper- ator his name, address and registration num- ber, or to make reason- able effort to locate owner of unattended vessel for such purpose 371.502 (2) Leaving scene of X 250.00 accident without ren- dering aid, making reasonable effort to locate other owner or persons affected or notifying appropriate law enforcement official 371.503 Operating vessel in 25 .00 X $10 .00 manner which unreason- ably or unnecessarily interfers with another vessel or with navigation 371.504 Authorizing or permitting 25.00 X 10.00 vessel to be operated by physically or mentally disabled person, except paraplegic licensed to operate motor vehicle 371.51 (1) Operating or being in X 250.00 control of vessel while under influence of intoxicating liquor or narcotic drug -4- OFFICE Of CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA n n O O I✓ I= n n rt t4 rt- 0 tO r- > (D (D (D (D Pi a S� n n N W N- Pi n O n ::� P_ (D n ::5 (D 0 ::$ �1 o �1 jai FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371.522 Operating vessel $ 25 .00 X $10 .00 within restricted water area so marked by distinguishing device, except in emergency 371.53 Using water skis, X 250 .00 aquaplane or sim- ilar device while under the influence of intoxicating liquor, narcotic drug, barbiturate or marijuana 371.54 (1) Operating vessel 25 .00 X 10 .00 towing a person on water skis, aquaplane or similar device with- out observer or wide- angle rear view mirror, professional performers and marine exhibition participants excepted 371.54 (2) Water skiing, aquaplaning 25 .00 X 10 .00 or engaging in similar activity between 1 hour after sunset to 1 hour before sunrise, profess- ional performers and marine exhibition partic- ipants excepted 371.54 (4) Operating vessel or tow 25 .00 X 10 .00 rope so as to cause water skis, aquaplane or similar device or person thereon to collide with any object 371.55 Conducting regatta, tourn- 25 .00 X 10 .00 ament or marine parade or exhibition in navigable waters without securing permit from U.S. Coast Guard or, if held in a county, without notifying sheriff, Florida Conserva- tion Board or Florida Game and Fresh Water Fish Commission -5- OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA 0 CJ O O a✓ Iv n n Z rt O rfi FC$ :u h 10 (D (D (D (D W 4 Pi fi I✓ ti E-'• �1 to N• Pi 'TJ �5 O K �5 N- (D n �j (D c �1 rD �)j (D m FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371 .55 Conducting regatta, $ 25 .00 X $10 .00 race or marine parade, tournament or exhibi- tion without providing adequate protection from marine traffic and hazards 371.56 Failing to use muffler 25 .00 on vessel ' s engine or to reasonably muffle vessel engine ' s exhaust noise 371.56 Failing to equip in- 25 .00 X 10 .00 board engine with U.S. Coast Guard approved spark. arrestor 371.56 Using cut-out, except 25 .00 X 10 .00 on vessel in regatta or race or on trial run 371.561 (1) Knowingly leasing boat X 250 .00 (a) to (g) unsafe number of per- incl. sons, or when motor' s horsepower exceeds boat ' s capacity, or without U.S. Coast Guard approved life- saving device for each occupant, or without appropriate anchor, anchor rope, paddle or oar, or when boat is not seaworthy 371 .57 Operating boat without 25 .00 X 10 .00 (1) to (4) carrying safety equip- incl. ment required for class applicable to boat 371.57 (5) Using siren 25 .00 X 10 .00 (Eff.. 1-1-64) 371 .57 (6) Using flashing red 25 .00 X 10 .00 (Eff. 1-1-64) lights -6- OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA 0 0 O O 1= J= K K Z rt O ((D ((DD ((D ((DD W a I-'• W Cd N Al rsj I-- (D 0 (D 0 � s1 (D Q, (D (D FLORIDA STATUTES SECTION NO. VIOLATION CHARGED 371 .57 (7) Operating vessel $ 25 .00 X $10 .00 between sunset and sunrise without a lighting device vis- ible at distance of at least one mile 371.60 Failure of vessel ' s X 100 .00 manufacturer to attach to vessel a plate stating maximum weight load for safe operation of boat 371.0103 Failure of any boat X 25 .00 or vessel owner to pay boat registration certificate tax 371.0104 (7) Operating any boat X 25 .00 or vessel without a current registration 371.0107 Operating or giving X 25 .00 permission to operate any vessel required to be registered or any machine propelled, boat without current registration 371.0107 Operating or giving 25 .00 X 10 .00 permission to operate any vessel required to be registered or any machine propelled boat without proper decal, or identification number properly displayed SECTION 2: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -7- OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA SECTION 3 : This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 15-C" day of April , 1964. /,W- ce r ATTEST: City Clerk 1st reading - April 1, 1964 2nd reading - April 1, 1964 3rd reading - April 15, 1964 POSTED - April 16, 1964 -8- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: ? , R. 1Vl4o L. JOHNSON, City Clerk of the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1512 entitled: "AN ORDINANCE AMENDING SECTION 22.41 OF ' THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' 11 having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 16th day of April,. A,D. 19 0- , and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter o{_ '."i? said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hard and affixed the official seal of the City of Miami Beach, Florida, on this the 3rd day of June 19 64. City Cle k N q O .J i N b W O O N 0 O d 0 • U 01 N SI .7 aw u t r w H Vl r.i N O N Grow z O O N awe z ro � W om U