Ordinance 1769. �.
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ORDINANCE NO. 1769
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AN ORDINANCE PROVIDING FOR THE CREATI4N
AND MAINTENANCE OF STANDARDS CONTROLLING
WATER POLLUTION; REPEALING SECTION 7-16
OF "THE CODE OF THE CITY OF MIAMI BEACH";
AMENDING CHAPTER 7 OF "THE CODE OF THE
CITY OF MIAMI BEACH".
BE IT ORDATNED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
repealed.
SECTION 2:
Section 7-16 of "The Code of the City
of Miami Beach, Florida" is hereby
AUTHORIZATION AND CREATION
Under and by authority of Chapter 67-436,
Laws of Florida, Acts of 1967 as amended,
a water pollution control program for the City of Miami
Beach is hereby estab lished and placed under the direction
.of the Marine Advisory and Inspection Board as hereinafter
provided.
SECTION 3: DECLARATION OF LEGISLATIVE INTENT
The pollution of the waters of this City
constitutes a menace to public health and
welfare, creates public nuisances, is harmful to wildlife,
fish and other acquatic life, and impairs domestic,
agricultural, industrial, recreational and other beneficial
uses of such water. It is the intent and purpose of this
ordinance to provide and maintain for the citizens and
visitors of the City of Miami Beach, standards which will
insure the purity of all such waters consistent with the
protection and preservation of the public health, safety,
welfare 'and economic well-being. It is hereby declared th at
the prevention, ab atement and control of the pollution of the
waters are affected with a pub lic interest, and the provisions
of this article are enacted in the exercise of the police
powers of this City.
SECTION 4: DEFINITIONS
(a) "Pollution" is the presence in the waters
of the City of any onc or more substances
or contaminants in quantities which are or may be
potentially harmful or injurious to human health or welfare,
animal or plant life, or property, or unreasonably interfere
with the enjoyment of life or property� including outdoor
recreation.
(b) "Waters" shall include but not be limited
to all navigable and non-navigable waterways,
rivers, lakes, streams, springs, impoundments, and all
other waters or bodies of water, including fresh, brackish,
saline, tidal, surface or underground water.
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(c) "Contaminant" is any substance which is
harmful to plant, animal or human life.
� (d) "Wastes" mean sewage, industrial wastes, and
� all other liquid, gaseous, solid, radioactive,
� or other substances which may pollute or tend to pollute any
waters of this Cityo
' (e) "Sewage System" means pipelines or conduits,
pumping stations, and force mains, and all
other structures, devices, appurtenanceso and facilities
used for collecting or cond�acting wastes to an ultimate
point for treatment or disposal.
(f) "'Person" means any natural person, individual,
pub lic or private corporation, firm, association,
� joint venture, partnership, governmental agency,�or any
entity whatsoever.
(g) "Vessel" means any watercraft structure,
� whether power-driven or not, mobile or
stationary, surface, sub-surface or hydrofoil craft, including
ships, ' boats, barges, houseboats and watercraft of every
nature and description.
(h) "Houseboat" means any vessel in fact used or
designed primarily to be occupied as living
quarters or for any business or occupation whatsoever, Qr
for.any private or social club of whatsoever nature, including
the use thereof by apartments, apartment-hotels or hotels
for the entertainment or recreation of guests or tenants.
SECTION 5: POLLUTION OF THE WATERS PROHIBITED
It shall be unlawful for any person to throw,.
discharge, deposit, drain or run into any �
waters of this City, or to cause, permit or suffer to be
thrown, discharged, deposited, drained, or run into such
water, any organic or inorganic matter that cause or tend
to cause water.pollution as defined herein. Specifically,
no person, including the owner, operator or other responsible
person, shall throw, clischarge, deposit or permit to fall
from any vessel or watercraft any noxious or deleterious
matter into the waters, including:
Oil, spirits, or inflammable liquid;
Sewage or waste matter, including
food, excrement or other "wet garbage",
unless first properly processed
chemically or mechanic�ally as certified
by the Marine Advisory and Inspection
Board.
Trash, debris or refuse;
Industrial wastes, cooling wate� or
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SECTION 6: HOUSEBOATS
No person shall
use or occupancy
long or short a period of time
the follo�wing requirements:
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use or occupy or permit the
of a houseboat, for howsoever
unless such houseboat meets
(a) The houseboat must have on board appropriate
lights, an efficient horn or whistle, one
life preserver or other lifesaving device for each person
aboard, and readily accessible fire extinguishers of non-
toxic variety. In addition, powerdriven houseboats shall
provide an approved device for arresting carburetor back-
fires on inboard of sterndrive gasoline engines, and at
least two ducted,ventilators (one intake, one exhaust)
fitted with cowls or their equivalent for ventilating the
bilges of every engine and fuel tank compartment.
(b) The houseboat must have a single opening
above the wat�r lix�e for waste and sewac�e
removal and euch opening �hall be tig�t�.y connected to a
permanent sewer; provided,however, that chemical or
mechanical devices or a holding tank for waste and sewage
disposal may be used instead of a permanent sewer connection
if approved by the Marine Advisory and Inspection Board.
Holding tanks shall be emptied only at approved on-shore
stations.
SECTION 7: RIGHTS OF CITY ON PROPERTY ABUTTING PUBLIC WATERWAYS
Whenever a public street or thoroughfare is �
laid out or exists in the city abutting,
touching or e�nding at a waterway open to pub lic use, the city,
as trustee for the public, has and owns riparian rights at
such place. The city shall have�the right to regulate the
use of the waters adjacent to such place, and to construct
docks, public landings, piers or wharves at such places. No
vessel, houseboat or watercraft of whatsoever.description shall
dock, moor or anchor on or about any such city-owned property
without having first obtained the formal written approval of
the City Manager. Said approval shall be revocable at the
will of the City Manager with or without cause. The person
acquiring said approval shall at all times keep such �ity-owned
property free from stale fish, �garbage, trash, rubbish, boat
equipment, machinery and debris of all kinds.
SECTION 8: GARBAGE CANS REQUIRED
The owners or occupant� of all vessels and
watercraft moored, docked or anchored in •
the waterways within the city limits shall provide a garbage
can of sufficient size to hold garb age and refuse to be
collected b y the sanitatio n d ep a r t m e n t.
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SECTION 9:
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APPEALS FROM ACTIONS OR DECISIONS OF INSPECTOR
. Any person aggrieved by any action or decision
of the Marine Advisory and Inspection Board� �
inspector may appeal to such Board by filing within fifteen
(15) days after the date of the action or decision complained
of, a written notice of appeal which shall set forth concisely
the action or decision appealed from and the reasons or
grounds for the appeal. The board shall set such appeal for
hearing at the earliest possib le date, and cause notice thereof
to be served upon the appellant and the inspector. The board
shall hear and consider all facts material to the appeal, and
render a decision promptly. The board may affirm, reverse
or modify the action or decision appealed from, provided that
the board shall not take any action which conflicts with or
nullifies any of the provisions of this chapter. The de�ision
of the board shall constitute final administrative review
and no rehearing�or reconsideration shal.l be considered. Any
person aggrieved by any decision of the board on an appeal
shall be enti�led �o apply to the cireuit eourt of Dad� County
for a review thereof by writ of certiorari in accordance with
the applicable court rules.
SECTION 10: VIOLATIONS OF RULES AND REGULATIONS OF FLORIDA
STATE AIR AND WATER POLLUTION CONTROL COMMISSION
. All rules and regulations regarding water
pollution promulgated by the Florida State
Air and Water Pollution Control Commission pursuant to the
provisions of Chapter 67-436, Laws of Florida, 1967, are
hereby made a part of this chapter by reference; and in the
event of any conf �ict betw�en s�ach rules and regulations, and
the provisions of this chapter, said rules and regulations
shall be controlling. Any person who commits a violation of
any such rules and regulations of the Florida State Air and
Water Pollution Control Commission shall be deemed guilty of
committing a violation� of this chapter. Violations of su�h
rules and regulations of the Florida State Air and Water
Pollution Control Commission shall constitute violations of
this chapte� triable in the Municipal Courto ��
SECTION 11:� PENALTY; Section 7-17 amended
• Section 7-17 of the Code of the City of �
Miami Beach, Florida, is hereby amended
to read as follows :
"Sec. 7-17. Penalty.
"Any person who violates any of the provisions �
of this chapter or any rule or regulation promulgated
by the marine advisory and inspection board under
the au�hority of this chapter, upon conviction
in the municipal court �f the city, shall be
punished by a fine not exceeding two hundred
dollars, or by�imprisonment in the city jail
for a period not exceeding sixty days, or by
both such fine and imprisonment. Upon such
conviction the judge of the municipal court �
shall have the power to revoke any permit
heretofore granted to any defendant under the
��'terms of this chapter, as an additional penalty .
for such violation, if, in his discretion, such
action seems proper. Such revocation may�be
permanent or temporary, within the discretion of
the judge.
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"Each day of continued violation shall constitute
a sep arate offense. The City Manager may order
a houseboat or other watercraft, from waters wit hin
the territorial limits of the City of Miami Beach
if said vessel is determined to be a source of
pollution or contamination of the waters or otherwise
endangers the public health, safety or welfare."
SECTION 12: That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby
repealed.
SECTION 13: That this ordinance shall go into effect inunediately
upon its passage and posting as required by law.
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PASSED AND ADOPTED this 18th day of June , 1969.
Attest:
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City Clerk-Finance Director
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lst reading - May 7, 1969
2nd reading - May 7, 1969
3rd reading - June 18, 1g69
POSTED - June 19, 1969
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STATE OF FLORIDA
COUNTY OF DADE:
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I, RUTH B. RpULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1769 entitled:
"AN ORDINANCE PROVIDING FOR THE CREATION AND MA1N1'ENANCE OF STANDARDS
CONTROLLING WATER POLLUTION; REPEALING SECTION 7-16 OF 'THE CODE OF THE
CITY OF MIAMI BEACH'; AMENDING CHAPTER 7 0 F'THE CODE OF THE CITY OF
MIAMI BEACH'",
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 an the 19th day of June, 1969,
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
af f ixed the of f icial seal of the City of Miami Beach, Florida,
on this the 6th day of August, 196g.
City Clerk and Finance Director
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