Ordinance 426ORDINANCE NO. 426 (Repealed - See Ord.#497)
AN ORDINANCE TO PROHIBIT WITHIN
THE CITY OF MIAMI BEACH, FLORIDA,
THE CONSTRUCTION OF BUILDINGS AND
OTHER STRUCTURES AND THE USE AND
OPERATION OF CERTAIN MACHINERY
DURING CERTAIN HOURS ON SECULAR
AND BUSINESS DAYS, AND UPON THE
SABBATH, AND DECLARING THE SAME
TO BE PUBLIC NUISANCES AND PRE-
SCRIBING PENALTIES FOR THE VIOLATION
OF THE PROVISIONS OF THIS ORDINANCE.
WHEREAS, Section 6 of Chapter 7672 of the Laws of the
State of Florida, as amended by Chapter 13101 of the Laws
of the State of Florida, authority is conferred upon the
City of Miami Beach, Florida, to define and provide penalties
for the creation and maintenance of nuisances within said
City and to regulate or prevent the establishment or main-
tenance of any offensive business or thing within the said
City which may be detrimental to the health, convenience
and welfare of the inhabitants of said City or any part
thereof, and to prohibit the creation of unnecessary noises
in said City and to define, prohibit, make unlawful, abate,
suppress and provide penalties for the doing or maintenance
of all things detrimental to the health, comfort, safety,
convenience or welfare of a part or all the inhabitants
within the said City, and to provide and adopt ordinances
making any offense which is an offense against the State of
Florida an offense against the said City and to provide a
penalty upon the conviction thereof, and
WHEREAS, the City Council of the City of Miami Beach,
Florida, deems it necessary, in order to protect the health,
comfort, safety, convenience and welfare of the inhabitants
of said City, to prohibit the construction of buildings and
other structures and the use of certain machinery during
certain hours on secular and business days and upon the
Sabbath day;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA:
Section 1. That the use and operation of hoisting
engines, excavating machines, riveting
machines, or hammers, road -rolling machinery, woodworking
machinery, rock crushing machine4 portable air compressors,
concrete mixers, pile driving machines and the loading and
unloading of building materials and the construction of
buildings and structures of all sorts, or other noisy
occupations, within the limits of said City after Nke hour
of 11:00 o'clock P. M., and before the hour o' 7:30 o'clock
A. M., on secular or business days and between the hours of
12:01 o'clock A. M., and 11:59 o'clock P. M., on the Sabbath
day, are hereby declared to be and are defined as public
nuisances.
Section 2. That it shall be unlawful for any person,
firm, copartnership or corporation of the
agent, servant, employee or officer of any such firm, person,
co -partnership or corporation to carry on or permit, between
the hours set forth in Section 1 hereof, any of the things
declared to be and defined in Section 1 hereof as public
nuisances.
Section 3. Any person, firm, co -partnership or
corporation or the agent, servant,
employee or officer of any such person, firm, co -partnership
or corporation who shall violate the provisions of this
ordinance shall be deemed guilty of a misdeameanor, and,
upon conviction thereof, shall be fined not less than
Five Dollars (85.00) nor more than One Hundred Dollars
($100.00) or shall be imprisoned in the City jail for not
more than thirty (30) days, or both, in the discretion of
the Court; each day that a violation of this ordinance
occurs or is permitted to exist shall constitute a separate
offense,
Section 4. Should any section, clause or provision
of this ordinance be declared by any
Court to be invalid, the same shall not affect the validity
of the ordinance as a whole or any part thereof other than
the part so declared to be invalid.
Section 5. All ordinances or parts of ordinances in
conflict herewith or inconsistent h rewith
are hereby repealed.
PASSED AND ADOPTED the 20th
ATTE, :
(SEAL)
D936.
ed� John H. Levi
L. -President of City Council
(Sig d) C. W. Tomlinson
City Clerk
APPROVED BY ME THIS 20th day of May
1st Reading -
2nd Reading -
3rd Reading -
Posted -
May 13, 1936.
May 13, 1936.
May 20, 1936.
May 21, 19 36 .
(Signed)
D.,,19
r-�
ui`s".
Mayor
STATE OF FLORIDA )
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in
and for the City of Miami Beach, Florida, do hereby
certify that Ordinance No. 426 entitled lLN ORDINANCE
TO PROHIBIT WITHIN THE CITY OF MIAMI BEACH, FLORIDA,
THE CONSTRUCTION OF BUILDINGS AND OTHER STRUCTURES AND
THE USE AND OPERATION OF CERTAIN MACHINERY DURING
CERTAIN HOURS ON SECULAR AND BUSINESS DAYS, AND UPON
THE SABBATH, AND DECLARING THE SAME TO BE PUBLIC
NUISANCES AND PRESCRIBING PENALTIES FOR THE VIOLATION
OF THE PROVISIONS OF THIS ORDINANCE", having been duly
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 4th day of June, A. D., 1936, and that said Ordin-
ance 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 14th day of July,
A. D., 1936.