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Ordinance 1521 ORDINANCE NO. 1521. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, " PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: There is hereby adopted and incorporated herein by reference by the City Council of the City of Miami Beach, Florida that certain Code entitled "The Code of the City of Miami Beach, Florida", printed and published by the Michie City Publications Company, of Charlottesville, Virginia, and containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 46, both inclusive, of which Code not less than three copies have been and are now filed in the office of the City Clerk, and shall there remain for public inspection and approval, which Code is hereby adopted without further adoption, approval or publication. SECTION 2: The provisions of such Code shall be in force on and after October 1, 1964, and all ordinances of a gen- eral and permanent nature adopted on or before November 20, 1963, and not contained in such Code are hereby repealed from and after October 1, 1964, except as hereinafter provided. SECTION 3; The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before October 1, 1964; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to October 1, 1964; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the city on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although gen- eralin -effect, _or_special, although. permanent in effect; nor shall it affect any ordinance relating to the salaries, working hours or pension or retirement plans of the city officers or employees; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopted on final reading and passage after November 20, 1963; nor shall it affect any of the following ordinances or amendments thereto: -1- OFFICE OF CM ATTORNEY- 1130 WARIINOTON AVENUE-MIAMI REA01 39, FEOIHOA Ordinance No. 285, relative to construction contractors, except insofar as such ordinance may conflict with the provisions of the Code hereby adopted; Ordinance No. 289, commonly known as the "Zoning Ordinance of the City of Miami Beach, Florida"; Ordinance No. 524, relative to gas fitters; Ordinance No. 820, relative to seawall construction; Ordinance No. 845, relative to pension and retirement system for certain city employees; Ordinance No. 1042, relative to air conditioning, insofar as such ordinance is not in conflict with the South Florida Building Code. SECTION 4: Whenever in the Code adopted by this ordinance or in any other ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance of the city or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars, or :may imprisonment in the city jail, or hard labor on the streets or other works of the city, and imprisonment in jail shall include such work, for a term not exceeding ninety days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance of the city or such rule, regulation or order shall continue shall constitute a separate offense. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or other ordinance, rule, regula- tion or order shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. Any person convicted of violating any provisions of this Code or any ordinances of the city or any such rule, regulation or order, upon whom a fine shall be imposed, who may not be able to pay such fine and costs, may be made to work out upon the public works and streets of the city such fine and costs, under the direction of the chief of police at the rate of -2- OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA two dollars and fifty cents per day for nine hours each day. All such persons condemned to imprisonment may be compelled to perform such labor during any such term of imprisonment. SECTION 5 : it is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or other- wise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or inval- idity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. PASSED and ADOPTED this 19th day of , August 1964. a ATTEST: R. Wm- L. Johnson r) city 'roa By Deputy 1st reading - August 5, 1964 2nd reading - August 5, 1964 3rd reading - August 19, 1964 POSTED - August 19, 1964 -3- OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE--MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk of the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1521 entitled: "AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED ' THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ' PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT", 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 19th day of August, AwD. 19 64 , and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 7th day of October 1964. City Cler I N N U q N C cro b H N ° N � a o 0 z O N H Z > C x 4J ° rnm z au H 1 A P4 0 oro roo •L u