Ordinance 258r / p„,/"/
ORDINANCE NO. 2
AN ORDIMNCE OF THE CITY OF MILMI BEACH,
FLORIDA, REGULATING TRLFFIC UPON THE PUB-
LIC STREETS OF TEE CITY OF flIALII BEACH,
FLORID', AND REPELLING ORDINANCES No. 98,
104, 161, 173, 174, 175, 181, 165, 207, 218
LED AIL OTHER ORDINANCES AND SECTIONS 0-2
OBDIliANC-S IN CONFLICT HEREWITH.
BE IT ORDL INED BY THE CITY COUNCIL OF THE CITY OF MI.AMI BEACH,
FLORIDA:
ARTICLE I.
DEFINITIONS
SECTION 1. Whenever in this Ordinance the following terms are
used, they shall have the meanings respectively
ascribed to them in this section.
saBET OR HiGi-r:LAY. Every way set apart for public
travel, except foot paths.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway
not open to the use of the public for purposes of vehicular travel.
ROADWAY. That portion of a street or highway
between the regularly established curb lines or that part devoted
to vehicular traffic.
SIDEWALK. That portion of a street between the
curb lines and the adjacent property lines.
INTERSECTION. The area embraced within the
prolongation of the lateral curb lines or, if none, then the
lateral boundary lines of two or more streets or highways which
join one another at an angle whether or not such street or highway
crosses the other.
CROSSWALK. That portion of a roadway ordinarily
included within the prolongation of curb and property lines at
intersections, or any other portion of a roadway clearly indicated
for pedestrian crossing by lines or other markings on the surface.
SAFETY ZONE. The area or space officially set
apart within a roadway for the exclusive use of pedestrians and
which is so marked or indicated by proper signs as to be plainly
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visible at aiL times while set apart as a safety zone.
PASSENGER ZONE. The area or spaceofficial_y
set apart within a street for the loading emianloading of passeng-
ers from public cErs.
LOLDING ZONE. The area or space officially set
apart witnin a street or alley for the loading cnd unloading of
materials.
VEHICLE. Every device in, upon or by wilich any
person or property is or may be trEnspoxted or drawn upon a public
highwL,y, excepting devices moved by human power or used exclusively
upon stationary rails or tracks.
MOTOR V=CLE. Every vehicle, as herein defined,
which is self propelled.
STRE.LT aLR. Every device trz_veling exclusively
upon rails when upon or crossing a street,
AUTHORIZED EIERGENCY VEHICLE. Vehicles of the
sire Department, Police vehicles and such ambulances and emergency
vehicles of municipal departments or public service corpor,tions as
are designateL or aathorized by the Chief of Police.
PEDESTRIAN. Any person afoot.
OPERATOR. Any person who is in actuca physical
control of a vehicle.
TRAFFIC. Pedestrian, ridden animals, herded
animals, vehicles and street cars either singly or together while
using any street for purposes of travel.
RIGHT -02-'1Y. The privilege of the imriediate use
of the street or higliway.
PARKING. The stopl,inp: or standing of a vehicle,
whetner at,anded or unattended, ul,on a roadway, otherwise than
temporarily _or the purpose of and while acutally engaed in load-
ing or unloading, or in obedience to traffic regulations or traffic
sign Or signals.
011FICIAL TRAFFIC SIGNb. Ill signs an, markings,
other than signals, not inconsistent with this Ordinance, placed
or erected by authority of a public body or official having
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jurisdiction for the purpose of guidin6, directin, warninE or
regulating traffic.
OFFICIAL TRAFFIC SIGNALS. All signals, not incon-
sistent with this Ordinance, placed or erected by authority of a
public body or official having jurisdiction, for the purpose of
directin,
warninE or reulating traffic.
TRAFFIC CONTROL SIGNAL. Any device using colored
lights, or words, or any combination thereof, whether manually,
electrically or mechanically operated, by which traffic is alternate-
ly directed to stop and to proceed.
POLICE OFFICER. Every officer of the Lunicipal
Police Department or any officer authorized to direct or regulate
traffic or to maze arrests for violations of traffic regulations.
ARTICLE II,
AUTHORITY OF POLICE.
SECTION 2. POLICE TO DIRECT TRAFFIC. It shall be the duty
of the Police Department of this city to enforce
the provisions of this Ordinance. Officers of the lolice Depart-
ment are hereby authorized to direct all traffic either in person
or by means of visible or audible signal in conformance with the
provisions of this Ordinance, provided that in the event of a fire
or other emergency and to expedite traffic or safeguard pedestrians
during such emergency, officers of the Police or Fire Department
may direct traffic, as conditions may require, notwithstanding the
provisions of this Ordinance.
SECTION CHIEF OF POLICE ITH THE APPROVAL OF CITY MANAGhhit-
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AUTHORIZED TO ADOPT EIERGENCY REGUILL.2I0ITS. The Chief of Police
with approval of the City liiana,ger is heyeby empowered to make and
enforce regulations necessary to make efective t1 -1:e provisions of
this Ord.inance and. to make temporary regulations to cover emergen-
cies or special conditions, provided any such regulLtions are not
inconsistent with the 1.-)rovisions of this Ordinance.
OBEDIENCE TO POLICE. It shall be unlawful for
any person to refuse or fail to comply with any
SECTIO:4.
lawful order, signal or direction, authorized by this ordinance,
of a -oolice ofiicer.
PUBLIC El:PLOYEES TO OBEY TRAFFIC REGULATIONS.
SECTION 5.
(a) he provisions of this Ordinance shall a-,iply
to the operator of any vehicle owned or .ilped in the service of the
11.5. Govermient, this State, County or City nd it shall be unlaw-
ful Zor any said oper.tor to violate any of the provisions of this
Ordinance except as otherwise permitted in t _is Ordinance.
(b) The provisions of this Ordinance regulating
the movement, parking and. standing of vehicles shall not apply
to authorized emergency vehicles as defined in tis Ordinance
while the driver of such vehicle is openting the same in an
emergency in the necessary performance of public duties. This
exemption shall not, however, protect the driver of any such
vehicle from the consequence of a reckless disregai d of the sLfety
of o the rs.
PERSONS PROPELLILG PUS'CLETS OR RIDING BICYCLES
SECTION 6
011 AlaiLL'..LS TO OBEY TRAPFIC REGULATIONS. Every
pe rson propelaing any push cart or riding a bicycle or an animal
upon a roadway, and every person driving any animal, ohail be sub-
ject to the provisions of this Ordinance applicable to tile operator
of any vehicle, except those provisions of this Ordinance with
reference to the equipment of vehicles and except those provisions
which by their very nature can have no a-,yelieL.tion.
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ARTICLE III.
TRAFFIC SIGNS AND SI GULLS
SECTIOY 7. (a) The Chief of Police with the approval of the
City lianager is her_,by authorized to determine and
designate the character, type and location of all official trEffic
signs and signals, and it shall be his duty to place and maintain,
or cause to be placed and maintained all official traffic signs and
signals. All si-c-ns and signals required hereunder for a particular
purpose shaiJ so far as is practicable be uniform throughout the
City.
SECTION 8. 03aDIENCE TO TRAFFIC'6Iars ADD SIG -ELLS. It shall
be unlawful for any opereor or for the motorman
of any street car to disobey the instructions of any official traff c
sign or signel upon the street placed in accordance -eith the
provisions of A., is Ordinance, unless otherwise directed by a
police officer.
SECTIJD 9. TRAP:PIO OUI:TL01, ILIL LEGEDD, ehenever traffic
at an intersection 12 alternately diaecteL to
stop and to proceed by the use of signals exhibiting the words
"Stop," "go" or "Caution" or exhibiting colored lights, said terns
and lights shall indicate as fol_ows;
(a) ,hen the word "Stop" or the color red is
exhibited after green, no waitin vehicle facing the signal shall
proceed until the green or "Go" signal is displayed alone and
every moving vehicle facin:; the signal shall stop on the near side
of the crosswalk (or the nearest property line of the cross street),
unless at the time the.ord. "Stop" or the color red is first dis-
played the moving vehicle is less than the nonAal brc.king distance
from the crosswlk ( or neemst property line of cross street), in
which event it may proce3d. _hen the "ord 'Stop" or the color
red is exhibited after yellow or arlber, no vehicle facing the
signal shall enter the intersection until the green or "Go" signal
is displayed clode.
(b) -hen the word "Go" or the color 7reen is
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exhibited alone, traffic facing the signal may proceed, except that
such traffic shall yield the riOat of way to pedestrians and.
vehicles lawfully within a crosswalk or the intersection at the
time such signal was exhibited..
(c) When the vsiord "Caution" or "Wait" or the color
is yellow or caber is exhibited. following or with green, no waiting
vehicle facing the signal shall stop if possible as provided in
subsection (a) of this section. When such word. or color is exhibit
ed. folowing or with red., no vehicle facing the signal shall enter
the intersection until the green or "Go" signal is displayed alone.
SECTION 10 . DISPLAY OF UNAUTHORIZED SIGNS AND SIGNALS PROHIBIT -
TM. It shall be unlawful for ally person to place
or maintain or to display upon or in view of any street any unoffi-
cial sign, signal or device which purports to be or iv in imitation
of or resembles an official traffic sign or signal, or which attemp
to d.irect the. movement of traffic. Every such prohibited dign, sig
nal or device is hereby declared to be a public nuisance, and. the
Chief of Police is hereby empowered to remove the same, or cause
it to be removed., without notice..
SECTION 11. INT...]RFERENCE WITH SIGNS AND SIGNLS PROHIBITED,
It shall be unlawful for any person to wilfully
deface, injure, move, obstruct or interfere with any official
traffic sign or signal.
SECTION 12 CHIEF OF POLICE WITH APPROVAL OF .CITY 'MANAGER
AUTHORIZED TO DESIGNATE CROSSWALKS. The Chief
of Police with the ap-,4‘oval of the City Manager is hereby author-
ized to establish and to designate and. shall thereafter maintain,
by appropriate devices, marks or lines upon the surface of the
roadway, crosswalks approximately equal in width to the adjacent
sidewalk at all intersections where in his opinion there is
particular danger to pedestrians crossing the roadway.
SECTION 13. CHIEF OF POLICE WITH APPROVAL OF THE CITY MANAGER
.A.UZIORIZED TO DESIGNATE SAFETY ZONES AND LANES
FOR TRAFFIC. (a) The Chief of Police with the approval of the
City Manager 'is hereby empowered to establish safety zones of
such kind. and character and. at such places as he may deem •
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necessary :or the protection of pedestrians.
(b) The Chief of Police with the approval of the
City Manager, is also authorized to mark lanes siforltraffic on
street pavements at such places as he may deem advisable, consistent
with the provisions of this Ordinance.
(c) (c) The Chief of Police with the al-6roval of the
City Manager, is hereby empowered to determine those intersections
at Which operator o± vehicles shail Lot mae a left turn and
shall place Proper signs at such intersections.
SECTION 14. PEDESTRILIIST RIGHTS LED DUTIES AT COETRAILLED INTER-
SECTIONS. At intersections where traffic is control-
led by traffic signals or by police officers, pedestrians
yield the right of way to vehicles lawfully proceeding directly
ahead on a "Go" signal as authorized in Section 9, anc operLtors
of vehicles shall yield the right of way to pedes -urians crossing
or those who hav started to cross the roadway on a "Go" signal.
SECTION 15. PEDESTRIAES TO USE RIGHT HALF OF CROS -6 ILK.
Pedestriane shall move, whenever practicable, upon
the ri,7ht half of crosswalks.
SECTION 16. PEDETPIJ LICi.TIhJ LID.,]S. It shall be unlawful
for any person to stand in a roadway for the purpos
of soliciting a ride from the operator any private vehicle.
ARTICLE V.
SECTION 17. PA6JING ST1E-2 O.S. (a) The open of a
vehicle shail not overtake dind pass upon the left
of any street car proceeding in the same direction, whether actuall
in motion or temporerily at rest, when a traversable portion of
the highway exists to the right of such street car, even though
such portion of the highway is occupied by traffic. This provision
shall not av)ply to one-way strets.
(b) The operator o a vehicle overtaking any
street car stoped or about to stop for the purpose of receiving
or discharging any passan7er, shall stop such vehicle to the rear
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of the nearest running board or door of such street car and keep
it stationary until any such passenger has boarded such car or
reached a Place of safety, except that where a safety zone has
been established, a vehicle need not he stoped before passing any
such street car, but may proceed past such car at a speed not
greater than is reasonable or proper, and '::ith due caution for the
sfety of pedestrians.
SECTION 18. DRIVIifG ON STEE.;]T ata TRACK. (a) It shal_ be
upon any street
unlawful for the operator of any vehicle proceeding
car tracks in front of a street car upon a public
street, to fail to remove such veAcle from the tracks as soon as
practicable after signall from the operator of said street car.
(b) -.-hen a street car has started to CTO.S an
intersection, no oper tor silali drive upon the car tracks within
the intersection in front of the street car.
SLCTION 19 . DRIVING TELOUGH SAFETY ZONE PRO :I3ITED. It shall
be unlawful for the operator of o vehicle at any
time to drive the sane over or through a safety zone as lefined in
this ordinance.
SECTION 20. BURDIIIG OR ALIGHTING PROH STRE2T CARS OR Tf-ICLi]S•
It shall be unlawful for any person to beard or
alight from any street car or vehicle while stton street car or
vehicle is in motion.
SECTIJN 21. TLAWFUL RIDIV4G. It shall be unlavful for any
person to ride on any street car or vehicle upon
any portion thereof not designed or intended for the use of
passen7ers when the vehicle ie in motion. This provision sall
not al,Dly to an employee engaged in the neces.ar7) discharge of a
duty, or within track bodies, in space intended for merchanaise.
SEOTIOII 22.
of any street
STR1-,]T OARS n.12 TO BLOOE: ST2L:T. It shall be un-
lawful for the directing officer or the operator
car to direct the operation of oi to operate the same
in such a manner as to prevent the use of any street for purposes of
travel for a period of time longer than five minutes. It shall be
unlawful for any street car to stop within an intersection or on a
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crosswalk for the purpose of receiving or discharging passengers.
ARTICLE VI.
STOPMG, STANDEIG AED PAR=G
SECTION 23. STOPPING PROHIBITED IN SPECIFIED PLACES. It shall
be unlawful for the operator of a vehicle to stop,
stand or park such vehicle in any of the following places, except
when necesary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control sign or
signals,
(1) Within an intersection.
(2) On a crosswalk.
Between a safety zone and the adjacent curb or
within twenty feet OY a point on the curb imulediately opposite the
end of a safety zone, unles„; the Chief of Police sa,L1 indicate a
difa:erent length br signs.
(4) Upon the approach to an intersection, within
(15) fifteen feet of the inside boundary line of the sidewalk, or,
if no sidewalk in in place, within twenty-five (25) feet of the
intersectin roadway, except that this provision shall not apply
at alleys.
(5) Within fifteen (15) feet of the driveway
entrance to any fire station, or directly across the strect from
such entrnce.
(6) Within fifteen (15) feet of a fire hydrant.
(7) In front of a private driveway
(8) On a sidewalk.
(9) Alongside or opposite any street excavation
or obstruction when such stop.ino;, standing or parking would obstru
traffic.
(10) That it shall be unlawful for any person, firm
or corporation to park a vehicle in any alJ.ey within the City of
Miami Beach, Iolorida, except in the alley between. Ocean Drive and
Collins Avenue between I'irst Street and Biscayne Avenue, for a
period longer than five (5) minutes or to in anywise obstruct
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traffic in said ald_eys.
SECT= 24. STANDING 110R LOADING OR UNIOLIDING ONLY IN CERTLIN
PLACES. (a) It shall be unlawful for the operator
of a vehicle for a period of time longer than is necessary for the
actual loading or unloading of pasengers in any place mar*Led as
a passenger zone.
(b) It snall be unlawful for the operator of a
vehicle, to stop, stand, or park said vehicle for a periou of
tine longer than is necessary for the actual loading or unloading
of passengers, or for the unloading and u.elivery or pick up and
loading materials, in any place markea as a loading zone.
(c) The Chief of Police with the approval of the
City Manager shall have authority to determine the loc'tion of
passenger zones and loading zones as described herein, and shall
erect and maintain appropriate signs indicz_ting the same.
aECTION 25. CHIEF OF 1-OLI0.., WITH THE APPROVAL OF TT -TE CITY
MANAGER, AUTHORIZED TO DESIGNATE BUS STOPS LLD
TAXICABS STANDS.
The Chief of Police with the approval of the Olt
Manager, is hereby authorized and recuired to establish bus stops,
and taxicab stands on public strects in such places and in such
nuLaher as he shall determine to be of the greEtest benefit and
convenience to tie public, and s.iall ap3roPriately sign every
such bus stop and taxicab stand, provided however that no such
stand shah he so designated without the consent of the abutting
property owner.
SECTION 26 OTHER VEHICLES PROHIBITED FROM PARKING II: BUS STOPS
OR TAXICAB STANDS. It than be, unlawful or the
operator of any vehicle other than a bus to stand or' park in an
officially designated bus stop, or for any vehicle other than a
taxicab to stand or park in an officially designated taxicab
stand, e::cept that the operator of any passenger vehicle may
temporarily stop in any such stop or stand for the purpose of and
while actually engaged in the loading or unloading of passengers.
SECTION ES, BUSSES, Idil -TAXICABS BARKING :XCEPT IN DESIGNATED
STANDS. It shall be unlawful for the operator
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of any bus, or taxicab to stand or Park upon any street in any
business district at any place other than at a bu:s stop, or taxi-
cLb stand respectively, except that this provision shall not
prev,nt the operator of any such vehicle from temporarily stoping
in accordance with other parking regal. tions at any place for the
purpose of and whille actua Iy engaged in loading or unloading
passengers.
aL;CTION 28. RAE= PI.0HI3ITED Ii C;i1TAII PLACES. It shall be
unlawful or any operator to stop, stand or park
any vehicle in such a manner or under such conditions as to leave
available less than 10 feet of the width of the roadway for the
free movement of vehicular traffic, except that this provision s'e.6,1
not a1y to -Ghe opert.tor of a vehicle stopried momentarily Luring
the actual loading or unloading of passen-ers if such stop ,ing
does not actually impede traffic, nor s1al1 it apply to a
necessary stop in obedience to traffic regulations or trffic
signs or signals o a police officer.
SCTIOZ 29.
STLITDING OE PARKIIIG CLOSE TO CUE3. (a) Except
when necessary in obedience to traffic regulations
or traffic sins or signals, the operator of a vehicle shall not
stop, stand or park such vehicle in a roadway other than parallel
with the edge of the roadway, on the right side of the street,
headin the airection of traffic, and with the curb -side wheels of
tee vehicle within one foot of the edge of tne roadway, except
as provided in the folloing three paragraphs:
(1) Jpon thos streets which have been marked or
signed for angle par3eing, vehicles shall be parked at the angle
to the curb indicated by such marks or signs.
(2) In places where, and at hours when stoppin,4.
for the loading or unloading of merchandise or materials is
permitted vehicles used for the trudisportation of merchandise
or materials may back into the curb to take on or discharge loads,
when the owner of such vehicle holds a permit granting him such
special privilege, End irovided futther that sech permit shall
be eitner in the possession of the operator or on the vehicle at
the time such vehicle is backed against the curb to take on or
discharge a load, and it shall he unlawful for any owner or operator
to violate any of the special terms or conditions of any such
special permit.
(a) The Chief of Police, with the approval of the
City Manager, shall determine upon what streets angle parking
shall be permitted and shall mark or sign such streets or cause
the same to be marked or signed.
(b) The Chief of Police, with the approval of the
City Manager, is hereby authorized to issue, to any owner of a
vehicle used to transport merchandise or materials, a special
permit, renewable annually, and to stEte therein the terms and
conditions thereof, alloming the operator of such vehicle the
privilege of loading and unloading while the vehicle is backed
against the curb, if in the opinion of the Chief of Police such
privilege is reasonably necessary in the conduct of the owner's
business and will not seriously interfere with traffic.
ARTICLE VIII
OPERATION OF VEHICLES
SECTION 30. DRIVE ON RIGHT SIDE OF STRET. Upon all streets,
except upon one-way streets, the operator of a
vehicle shall drive the same upon the right half of the street and
shall drive a slow moving vehicle as closely as possible to the
right-hand edge of curb of the street unless it is impracticable
to travel on such side of the street, and except when overtaking
and passing another vehicle subject to the limitations applicable
in overtaking and passing set forth in this Ordinance.
The foregoing provisions of this section shall not
be deemed to prevent the marking of lanes for traffic upon any street
and the allocation of designated lanes to traffic moving in any
particular direction or a designated speed.
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SECTION 31 OVEBTAKIN,3. A VEHICLE. The Operator of any vehicle
overtaking another vehicle proceeding in the same
direction may pass to the left or the right thereof under conditions
to permit safe passage, The operator of such overtaking vehicle
shall pass at a safe distance to the side of such overtaken vehicle
and shall not cut in front of the latter until safely clear of the
overtaken vehicle.
SECTION 52. LILIITA TIM ON PEIVILEGE OP OVERTAKING AND PAS'6ING.
(2) The operator of a vehicle shall not drive to
the left side of the center line of the traversable roadway in
overtaking and passing another vehicel proceeding in the same
direction unless such left side is clearly visible and is free of
oncoming traffic fora sufficient distance ahead to permit such over
taking and passing to be made in safety.
The foregoing provision of this section shall not
apply upon one-way streets or upon streets laned for traffic, in
which latter event, vehicles traveling in lanes shall move in the
direction permitted in such lanes.
(b) The operator of a vehicle shall not overtake
and pass any other vehicle proceeding in the same direction at any
intersection of streJts, except that this provision shall not apply
at intersections where traffic is controlled by traffic control
signals or by police officers.
SECTION 33. OPERATOR TO GIVE WAY TO OVERTA=NG =OLE. (a)
The operator of a vehicle upon a street shall not
deviate from his direct line of travel without ascertaining that
such movement can be made with safety to other vehicles approaching
from the rear and about to overtake and pass such first mentioned
vehicle.
(b) The operator of a vehicle upon a street
about to be overtaken and passed by another vehicle approaching
from the rear shall give way consistent with safety upon suitable
and audible signal being given by t1 operator of the overtaking
vehicle, and shall not increase the speed oaf !Lis vehicle until
completely passed by the overtaking vehiole.
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SECTION 34. TURNING AT INTERSECTIONS. (a) RIGHT TURNS: The
operator of a vehicle intending to turn to the
right at an intersection or into an alley or driveway shall approach
the point of turning in the line of traffic nearest the right hand
edge or curb of the street, and in turning, s het. l keep as closely
as practicable to the right hand curb or edge of the street.
(b) TURNING LEFT. The operator of a vehicle
intending to turn to the left at an intersection or into a drive-
way shall approach the point of turning in the lane of traffic to
the right of and next to the center of the roadway, and, finless
otherwise directed by "turning markers," the operator of a vehicle
in turning left at an intersection shall leave to his left a clear
space equal to one --half width of the street for the use of
vehicles traveling in the opposite direction. Upon streets laned
for traffic and upon one-way streets a left turn shall be made
from the left lane of traffic.
(e) TURNING MARTERS. The Chief of Police is here-
by authorized to place turning markers within or at the entrances
to intersections, directing that traffic turning left shall follow
a line of travel other.. than as directed in subdivision (b) of
this section. Whenever turning markers have been placeu as herein
proviied, traffic turning left shall follow the line as directed by
such markers.
(d) TURNING LEFT ON "GO" SIGNAL. The operator of
a vehicle or street car intending to turn to the left at an inter-
section where traffic is controlled by traffic control signals
or by a police officer, shall proceed to mike such left turn with
proper care to avoid accident and only upon the "Go" signal,
unless otherwise directed by a police officer.
SECTION 35. U TURNS. The operator of a vehicle shall not upon
any street turn such vehicle so as to proceed in
the opposite direction except where conditions at the point of said
turn make it impracticable to do otherwise.
SECTION 36. EMERGING FROM ALLEY OR PRIVATE DRIVEWAY. The oper-
ator of a vehicle emerging from an alley, driveway
or garage shall stop such vehicle immediately prior to driving
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onto a sidewalk or onto the sidewalk area extending across any alley-
way.
SECTION .)7. VEHICLES SHALL NOT BE DRIVEN ON SIDELK. The
operator of a vehicle shall not arive within any
sidewalk area except at a permanent or temporary drilreway.
SECTION 36. OPERATION OF VEHICLES ON APAWACH OF AUTHORIZED
EMERGENCY VEHICLE. (a) Upon the approach of any
authorized emergency vehicle or vehicles giving audible signal by
bell, siren or exhaust whistle, the operator of every other vehicle
shall iLl_ediately drive the same to a position as near as possible
and parallel to the right hand edge or curb of the street, clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle or vehicles shall have passed,
unless otherwise directed by a police officer; and the operator of
every street car shall LaLediately stop such car clear of any inter-
section ana keep it in such position until the authorized emergency
vehicle or vehicles shall have pased, unless otherwise directed
by a police officer.
SECTION 39
FOLLOWING FIRE AllfARATUS PROHIBITED. It shall be
unlawful for the operator of any vehicle, other than
one on official business, to follow closer than five hundred feet any
fire apparatus traveling in response to a fire alarm, or to arive
into or stop any vehicle within the blocwhere fire apparatus has
stopped in answer to a fire alarm.
ARTICLE
MISCELLANEOUS PROVISIONS
SECTION 40. MOTOR VEHICLES LEFT UNATTENDED,ES TO i3E. 6ET
AND ENGINE STOPkED. No person having control or
charge of a motor vehicle shall allow such vehicle to stand on any
street unattended without stopping the motor of saia vehicle, and,
when standing upon a perceptible grade, without turning the front
wheels of such vehicle to the curb or the sioe of the street or
highway.
SECTION 41. USE OF COASTERSIROLLER SLATES, AND SIMILAR DEVICES
RESTRICTED. It shall be unlawful for any person
upon roller skates or riding in or by means of any coaster, toy
vehicle, or)pimilar device, to go upon any roaaway except while cross-
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ing a street on a crosswalk.
SECTION 42. CLINGING TO MOVING VEHICLES. It shall be unlawful
for any person traveling upon any bicycle, motor
cycle, coaster, roller skates, or any toy vehicle to cling to, or
attach himself or his vehicle to any other moving vehicle or street
car upon any roadway.
SECTION 4. UNLAWFUL TO DRIVE THROUGH PROCESSIONS, UNLESS
DIRECTED BY TRAFFIC CONTROL SIGNALS OR BY A POLICE
OFFICE. It shall be unlawful for the operator of any vehicle or
street car to drive between the vehicles comprising a funeral or
other authorized procession while they are in motion, provided that
said vehicles are conspicuously so designated. This provision shall
not apply at intersections where traffic is controlled by traffio
control signals or police officers.
SECTION 44 .
of any vehicle
BACKING AROUND CORNERS OR INTO INTERSECTIONS PRO
HIBITED. It shall be unlawful for the operator
to back such vehicle around a corner at an inter-
section or into an intersection of public streets.
SECTION 45. OBSTRUCTION TO OPERAOR'S VIEW OR DRIVING IviECHANISM.
(a) It shall be unlawful for the operator of any
vehicle to drive the same when such vehicle is so loaded, or when
there are in the front seat of such vehicle such number of persons,
as to obstruct the view of the operator to the front or sides, or to
interfere with the operator's control over the driving mechanism
of the vehicle.
(b) It shall be unlawful for any passenger in a
vehicle or street car to ride in such position as to interfere with
the operator's view ahead, or to the sides, ot to inteifere with the
operatorts control over the driving mec anism of the vehicle.
SECTION 46. CROSSING FIRE HOSE. No street car or vehicle shal
be driven over any unprotected hose of the Fire Department when
laid down on any street, private driveway or street ear tracx to
be used at any fire or alarm of fire, without the consent of tne
Fire Larshal or Fire Department official in com and.
SnTION. 47 RIDING OJ.HANDLE BARS PROHIBI1ED. It stIall be
unlawful for the operator of any bicycle or motor-
-17 -
cycle, when upon the streot, to carry- any other person upon the
handle bar, frame or tank of any such vehicle, or for any person
to so ride upon any such vehicle.
SECTION 48. BRIa*E3 AND LIGHTS. Every motor vehicle operated
or driven upon the public highways of this city
shall be provided with adequate brakes in good working order and
to
sufficient/control such vehicle at all times when the same is in.
use. Said motor vehicle shall also during the period from one-half
hour after sunset to one-half hour before sunrise aisplay at least
two liA-ited. lamps on the front and one on the rear of such vehicle,
while in operation. Said lamps on the front of saia vehicle shall be
provided with dimmers of non-laring character, which said dimmers
shall be used at all times auring said period when saia vehicle is
in operation.
nCTION 49. PERSONS UNDEvl THE INFLUENCE OF INTOXICATING
LIUDR OR '-iRCOTIC DUGS. It shall be unlaful
for any person who is an habitual user of narcotic drugs, or any
person who is under the influence of intoxicating liquor or
narcotic drugs, to drive any vehicle upon any street or other public
way.
SECTION 50. RECKILSS DRIVIiTG. Any person who arives any
vehicle upon a highwa-,. carelessly ana heedlessly in
wilful or wanton disregard of the rats or safety of others, or
without due caution ana circumspection, having due regard to the
traffic, surface ana width of the highway and of any other conditions
then existing, and at a speed or in a manner so as to enaanger or
be likely to endanger any person or property, shall be guilty of
reckttlss arivin6.
SECTION bl. MEETING VEHICLES. Operators of vehicles proceed.
ing in opposite directions shall pass each other
to the right, each giving to the other at least one-half of the
main traveled portion of roadway as nearly as possible.
SECTION bE. FOL TOO CLOSELY. (a) The operator of a
motor vehicle slall not follow another vehicle
more closely than is reasonable and prudent, having due regard. to
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the speed of such vehicles and the traffic upon and condition of
the highway.
SECTION 5. SIGNALS ON STARTING OR TURNING. (ai The operator
of any vehicle upon a highway Uefore starting,
stopiAng or turning from a direct line shall first see that such
movement can •be made in safety, ana, if any pedestrian may be affect-
ed by such movement, shall Live a cleAy audible signal by sounding
the horn, and, whenever the operation of any other vehicle may be
affected by such movement, shall give a signal as required in this
section plainly visible to the driver of such other vehicle of the
intention to make such movement.
(b) The signal herein required shall be given
either by means of the hand and arm in the manner herein specified,
or by an aproved mechanical or electrical signal device, except
that when a vehcile is so constructed or loaded as to prevent the
hand and arm. signal from teing visible both to the front ana rear
the signal shall ue given by a device of a type which has been
lapproved by the State Department of AvLotor Vehicles.
Whenever the signal is given by means of the hand
and arm, the giver shall indicate his intention to start, stop,
or turn by extending the hand and arm horizontally from and beyond
the left side of the vehicle.
SECTION 54. RIGHT OF \611.Y. Subject tc the exceptions statea
in the next succeeding section, and except as otherwise designated
by traffic signs or signals, the right of way rule as between
vehicles at intersections is hereby declarea as follows:
(a) The operator of a vehicle approaching an
intersection shall yield the right of way to a vehicle which has
entered the intersection.
(b) When two vehicles apliro,ch or enter an inter-
section at the same time, or at apl)voximately the same time, the
operator of the vehicle on the left shall yield the right of way to
the vehicle off the right.
(c) The operator of any vehicle traveling at an
unlawful speed shall forfeit any right of way which he might other-
-19..
wise have hereunaer.
SECTION 55. EXCEPTIONS TO RIGHT OF WAY RULE. (a) The operator
of a vehicle entering a public street from a
private road or drive shall yield the right of way to all vehicles
approaching on such public hiLhway.
(b) The operator of a vehicle on a street shall
yiela the right of way to authorized emergency vehicles when the
latter are operated upon official business and the operators
thereof sound audible signal by bell, siren or exhaust whistle.
This provision shall not relieve the operator of an authorized
emergency vehicle from the duty to drive with aue regard for the
safety of all persons using the street, nor shall it protect the
operator of any such vehicle from the consequence of an arbitrary
exercise of such right of way.
SECTION 56. DUTY TO STOP IN EVENT OF ACCIDENT. The driver of
any vehicle involved in an accident resulting in
injury or death to any person or damage to property shall imLediately
stop such vehicle at the scene of such accident, and shall give his
name and address ana registration number of his vehicle to the
person struck or to the driver er occupants of any vehicle collided
F
with, and shall render to any person injured in such accident,
reasonable assistance, including the carrying of such person to a
physician or surgeon for medical or surgical treatment, if it is
apparent that such treatment is necessary or is requested by the
in4ured person.
SECTION 57. DUTY TO REPORT ACCIDENT. The operator of any
vehicle involved in an accident resulting in
injuries or aeath to any person ( or property damage to an apparent
extent of
50.00) Fifty Dollars or more) shall imiliediately make a
report of such accident to the police headquarters in this
City.
SECTION 58. GARAGE KE7PER TC REPORT DAMAGED VEHICLES. The
person in charge of any garage or repair shop
to which is brought any motor vehicle which shows evidence of
having been involved in
accident or struck by any bullet
to
shall immediately report/the Police Headquarters of this City,
giving the engine number and the name and address of the owner or
operator of such vehicle.
SECTION 59, FLAG OR LIGHT AT END OF LOAD. Whenevef the load
on any vehicle shall extend more than four feet
beyond the rear of the bed or bogy thereof, there shall be displayed
at the end of such load in such position as to be claarly visible
at all times from the rear of such vehicle a red flag not less than
twelve inches both in length ana width, except that between one-
half hour after sunset and one-half hour before sunrise there shall
be displayed at the end of such load a red light plainly visible
under normal atmospheric conditions at least two hundred feet from
the rear of such vehicle.
SECTION 60. HORNS AND WARNING DEVICES. (a) Every motor
vehicle when operatea upon a highway shall be
equipped with a horn in good working oraer, capable of emitting
sound audible under normal conditions from a aistance of two-
hundred (200 feet or more, and it shall be unlawful, except as
otherwise provided in this section, for any vehicle to be equipped
with or for any person to use upon a vehicle any siren, or any
compression or spark plug whistle, or to use any exhaust horn or
whistle which aoes not produce a harmonious sound, or for any
person at any time to use a horn otherwise than as a reasonable
warning, or to make any unnecessary or unreasonably loud or harsh
sound by means of a horn or other warning device.
(b) Every authorized emergency vehicle shall be
equipped with a bell, siren or exhaust whistle of a type aproved
by the Chief of rolice.
SECTION 61. PI1EVENTION OF iWISE,SMOKE etc.; LUFFLT CUTOUT
REGULATED. (a) No person shall drive a motor
vehicle on a highway unless such motor vehicle is equipped with a
muffler in good working order and in constant operation to prevent
excessive or unusual noise and al,noyint; smoke.
(b) It shall be unlawful to use a "muffler cutout"
on any motor vehicle on a hiLhway.
4.21-
(c) No vehicle shall be driven or moved on any
hihway unless such vehicle is so constructed or loidea as to
prevent its contents from droppintL, siftin6, leakino, or otherwise
escaping therefrom.
SECTION 6. PENALTIES AND PROCEDURE ON ARILEST. Any person
who shall violate or fail to comply with any of
provisions of this ordinance shall be punished by a fine of not
less than five ($5.00) Dollars nor more than two hundred (42U.))
Dollars, or be imprisoned for not more than ninety (90) days, or
both, in the discretion of the Court.
SECTION 6. EF.bi-i]CT OF ORDINANCE. If any section or subsection,
sentence, clause or phrase of this Ordinance is for
any reason he14 to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have pased this
Ordinance and each section, subsection, sentence, clause ana
phrase thereof, irrespective of the fact that any one or more
section, subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION 64. REPEAL. Ordinances No, 98, 104, 161, 17.:), 174,
17b, 181, 16o, 207 and 218, and all ordinances or
parts of ordinances in conflict with or inconsistent with the
provisions of this Ordinance are hereby repealea, except that this
repeal shall not affect or prevent the prosecution or punishment
of any person for any act done or camd.itted in violation of any
ordinance hereby repealed prior to the taKin8 effect of this
Ordinance.
1928.
ATTEST:
.22.
PAbED AND ADOPTED this day of August
City Clerk
President 1 y ounc
APPROVED this day of August, 1928, by
the Mayor of the City of Miami Beach.
First reading
Second reacing
Third reading
Posted
Mayor.
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ORDINANCE I0. 25
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, REGULATING TRAFFIC UPON THE PUB-
LIC STREETS OF THE CITY OF MIAMI BEACH,
FLORIDA, AND REPEALING ORDINANCES NOS. 98,
104, 161, 173, 174, 175, 181, 165, 207,
218 AND ALL OTHER ORDINANCES AND SECTIONS
OF ORDINANCES IN CeNFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
ARTICLE I. 14
DEFINITIONS
SECTION 1„. nenever in this Ordinance the following terms are
used, they shall have the meanings respectively.
ascribed to them in this section.
STREET OR HIGHWAY. Every way set apart for public
travel, except foot paths.
PRIVATE ROAD OR DRIVE -SAY. Every road or driveway
not open to the use of the public for purposes of vehicular travel.
ROADWAY. That portion of a street or -highway between
the regularly etablished curb lines or that part devoted to vehic-
ular traffic.
SIDEWALK. That portion of a street 1;etweei the curb
lines and the adjacent property lines.
4
INTERSLOTION. The area embraced within the prolonga-
tion of the lateral curb lines or, if none, then the lateral bound-
ary lines of two or more streets or highways which join one another
at an angle whether or not such street or highway crosses the other.
CROSSALK. That portion of a roadway ordinarily in-
cluded within the prolongation of curb and propert-: lines at inter-
sections, or any other portion of a roadway clearly indicated for
pedestrian crossing by lines or other markings on the surface.
SAFETY ZONE. The area or space officially set apart
within a roadway for the exclusive use of pedestrians and which is
so marked or indicated by proper sins as to be plainly visible at
all times while set apart as a safety one.
PASSENGER ZONE. The area or space officially set
apart within a street for the loading and unloading of passengers
from public cars.
LOADING ZONE. The area or space officially set a-
part within a street or alley for the loading and unloading of
materials.
VEHICLE. Every device in, uPonsor by which,any per-
son or property is or may be transported or drawn upon a public
highway, excepting devices moved by human power or exclusively
up-
on rails or tracks.
MOTO'''. VEHICLE. Every vehicle, as herein defined,
which is self propelled.
10410104t,
-2-
STREET CAR. Every device travelling exclusively up-
on rails when upon or crossing a street.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire
Department, Police vehicles and such ambulances and emergency ve-
hicles of municipal departments or public service corporations as
are designated or authorized by the Chief of Police.
PEDESTRIAN. Any person afoot.
OPERATOR. Any person who is in actual physical con-
trol of a vehicle.
TRAFFIC. Pedestrians, ridden animals, herded animals,
vehicles.and.street cars either singly or together while using any
street for purposes of travel.
RIGHT-OF-WAY. The privilege of the immediate use of
the street or highway.
PARKING. The stopping or standing of a. vehicle, whe-
ther attended or unattended, upon a roadway, otherwise than tempo-
rarilylfor the purpose of and while actually engaged in loading or
unloading, Or in obe(i.ience to traffic rezulations or traffic sign
or siznals.
OFFICIAL TRAFFIC SIGNS. ALL sins and markings, oth-
er than: signals, not inconsistent with this Ordinance, placed or
erected by authority of n public body or official having jurisdic-
tion for the purpose of guiding, directing, warning or regulating
traffic.
OFFICIAL TRAFFIC SIGNALS. Al]. sii;ns, not inconris-
tent with this Ordinance, placed or erected by authority of a pub-
lic body or official having jurisdiction, for the purpose of direc-
warnin'). or reoulating traffic.
TRAFFIC CONTROL SIGNAL. Any device using colored
lights, or words, or any combination thereof, whether manually,
electrically or mechanically onerated, by which traffic is alter-
nately directed to stop and to proceed.
POLICE OFFICER. Every officer of the Municipal Po-
lice Department or any officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations,
ARTICLE 11.
Ag21111ITY_WLE2LIPL.
SECTION 2. POLICE TO DIRECT TRAFFIC. It shall be the duty of
the Police Department of this city to enforce the
provisions of this Ordinnnce. Officers of the Police Department
are hereby authorized to direct all traffic either in person or by
means of visible or audible sinal in conformance with the provi-
sions of, this Ordinance, provided that in the event of a fire or
other emergency and to expedite traffic or safeguard pedestrians
during such emergency, officers of the Police or Fire Department
may direct traffic, as conditifts may reeuire, notwithstanding the
provisions of this Ordinance.
SECTIONa. CHIEF OF POLICE WITH THE APPROVAL 0F CITY MANAGER
AUTHORIZED TO ADOPT EMERGENCY RI!,GULATIONS. The Chief
of Police with approval of the City Manager is hereby empowered to
-3—
make and enforce regulations necessary to make effective the pro-
visions of this Ordinance and to make temporary regulations to
cover emergencies or special conditions, provided any such regula-
tions are not inconsistent with the provisions of this Ordinance.
SECTION 4. OBEDIENCE TO POLICE. It shall be unlawful for any
person to refuse or fail to co‘Lply with apy lawful
order, signal or direction of a police officer, as authorized by
this ordinance.
SEQTIQL5 PUBLIC EMPLOYES TO OBEY TRAFFIC REGULATIONS.
(a) The provisions of this Ordinance shall apply
to the operator of any vehicle owned or used in the service of the
U. S. Government, this State, County or City and it shall be unlaw-
ful for any said operator to violate any of the provisions of this
Ordinance except as otherwise permitted in this Ordinance.
(b) The provisions of this Ordinance regulating the
movement, parking and standing of vehicles shall not apply to author-
ized emergency vehicles as defined in this Ordinance while the driver
of such vehicle is operating the same in an eLfLergency in the neces-
sary performance of adblic duties. This exemntion shall not, however,
protect the driver of any such vehicle from the consequence of e reck-
less disregard of the safety of others.
SECTION 6. PERSONS PROPELLI7G PUSH CARTS OR RIDING BICYCLES OR
ANIMALS TO OBEY TRAFFIC REGULATIONS. Every person pro-
pellim-4 any push cart or riding a bicycle or any animal upon a road-
way, and every person divine: any animal, shall be subject to the
provisions of this Ordinance applicable to the operator of any vehi-
cle, except those provisions of this Ordinance with reference to the
equipment of vehicles and except thoaprovisions which by their very
nature can have no application.
ARTICLE III.
SIGNALS.
ECTION 7. (a) The Chief of Police with the approval of the
•. City Manager is hereby authorized to determine and
designate the character, type and location of all official traffic
signs and signals, and it shall be his duty to place and maintain,
or cause to be °laced and maintained all official traffic sins and
signals. Ali signs and signals required hereunder for a particular
Purpose shall so far as is practicable be uniform throughout the
City.
SECTION 8. OBJDIENOE TQ TRAFFIC SIGNS AND SIGNALS. It shall be
unlawful for any operator or for the motorman of any
strel:t car to disobey the instructions of any official traffic sign
or sWnal upon the street placed in accordance with the provisions
of this Ordinance, unless otherwise directed by a police officer.
sEcTiog 9. TRAFFIC CONTROL SIGNAL LEGEND. Whenever traffic at
an intersection is alternately directed to stop and
to proceed by the use of siamals exhibiting the words "Stop", "o"
or "Caution" or exhibiting colored lights, said terms and lights
shall indicate as follows:
(a) hen the word "Stop" or the color red is exhi-
bited after green, no waiting vehicle facing the signal shall pro-
ceed until the green or "Go" sinal is displayed alone and every
movin vehicle facing the signal shall stop on the, near side of
the crosswalk (or the nearest property line of the cross street),
unless at the time the word "Stop" or the color red is first dis-
played the moving vehicle is less than the normal braking distance
from the crosswalk (or the nearest property line of the cross street)
in which event it may Proceed. When the word "Stop" or the color
red is exhibited rfter yellow or amber, no vehicle fscin- the sig-
nal shall enter the intersection until the green or "Llo" signal is
displayed alone.
(b) When the word "Go" or the color reen is exhibi-
ted alone, traffic facing the signal may oroceed, except that such
traffic shall yield the right of way to pedestrians and.vehicles
lawfully within a crosswalk or the intersection at the time such
signal was exhibited.
(c) 7nen the word "Caution" or "Wait" or the color
yellow or amber is exhibited following or with green, all vehicles
facing the signal shall stop if possible as provided in subsection
(a) of this section. Mien such word or color is exhibited follow-
ing or with red, no vehicle facing the signal shall enter the inter-
section until the green or "Go" signal is displayed alone.
5L.L=P:1 10. DISPLAY OF UNAUTHORIZED SINS AND SIGNALS PROHIBITIO.
It shall be unlawful for any person to place or main-
tain or to display upon or in view of any street, any unofficial sign,
signal or device which purports to be or is in imitation of, or re-
sembles, an official traffic sign or signal, or which attempts to di-
rect the movement of traffic. Every such prohibited sign, signal or
device is hereby declared to be a public nuisance, and the Chief of
Police is hereby empowered to remove the same, or cause it to be re-
moved, without notice.
SECTION 11. INTERFERENCE WITH SIGNS AND SIGNALS PROHIBITED. It
shall he unlawful for any person to wilfully deface,
injure, move, obstruct or interfere with any official traffic sign
or signal.
SECTION 12. CHIEF OF POLICE 7ITH APPROVAL OF CITY MANAGER AUTHOR-
IZED TO DESIGNATE CROSSWALKS. The Chief of Police
with the approval of the City Manager is hereby authorized to estab-
lish and to designate and shell thereafter maintaiD,by appropriate
devices, marks or lines upon the surface of the roadway, crosswalks
approximately equal in width to the adjacent sidewalk at all inter-
sections where in his ooinion there is particular danger to pedes-
trians crossin:: the roadway.
SECTION13. OHIEF OF POLICE WITH APPROVAL OF THE CITY MANAGER
AUTHORIZED TO DESIGNATE SAFETY ZONES AND LANES FOR
(a) The Chief of Police with the approval of the
City Manager is hereby empowered to establish safety zones of
such kind and character and at such places es he may deem neces-
sary for the protection Of pedestrians.
(b) The Chief of Police with the approval of the
City Manager, is also authorized to mark lanes for traffic on street
pavements at such places as he may deem advisable, consistent with
the 2 visions of this Ordinance.
TRAFFIC.
(c) The Chief of Police with the approval of the
City Manager, is hereby empowered to determine thoseintersections
at which operators of vehicles shall not make n left turn and shall
place proper signs at such intersections.
SECTION 14. PEDESTRIANS' RIGHTS AND DUTIES AT CONTROLLED INTERSEC-
TIONS. At intersections where traffic is controlled
by traffic signals or by police officers, pedestrians shall yield
the right of way to vehicles lswfully proceeding directly ahead on
a "Go" signal as authorized in Section 9, end operators of vehicles
shall yield the right of way to pedestrians crossing or those rho
have started to cross the roadway on n "Go" signal.
SECTION 15. PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK. Pedes-
trians shall move, whenever practicable, upon the
right half of crosswalks.
SECTION i6. 16. PEDESTRIANS SOLICITING RIDES. It shall be unlawful
for any person to stand in a roadway for the purpose
of eoliciting a ride from the operator of any private vehicle.
ARTICLE V.
SECTION 17. PASSING STREET CARS. (a) The operator of a vehicle
shall not overtake and pass upon the left of any
street car proceeding in the same direction, whether actually in
motion or temporarily at rest, when a traversable portion of the
highway exists to the right of such street crr, even though such
portion of the highway is occupied by traffic. This provision
shall not apply to one-way streets.
(o) The operator of a. vehicle overtakin::: any street
car stopped or about to stop for the purpose of receiving or dis-
charging any passenger, shall stop such vehicle to the rear of the
nearest running board or door of such street car and keep it stat-
ionary tntil any such passenger has boarded such car or reached a
place of safety, except that where a safety zone has been estab-
lished, a vehicle need not be stopped before passing any such street
car, but may proceed past such car at a speed not greater than is
reasonable or proper, and with due caution for the safety of pedes-
trians.
SECTION 18. DRIVING ON STREET CAR TRACKS. (a) It shall be un-
lawful for the operator of any vehicle proceeding
upon any street car tracks in front of c. street car upon a public
street, to fail to remove such vehicle from the tracks as soon as
practicable after signal from the operator of said street car.
(b) Men street car has started to cross an in-
tersection, no operator shall drive upon the car tracks within
the intersection in front of the street car.
SECTION la. DRIVING THROUGH SAFETY ZONE PROHIBITED. It shall
be unlawful for the operator of a vehicle at any
time to drive the same over or through a safety zone as defined in
this ordinance.
SECTION 20. BOARDING OR ALIGHTIT.) FROM STREET CARS OR VEHICLES.
It shall be unlawful for any person to board or a-
light from any street car or vehicle while such street car or
vehicle is in motion.
af4TION 21. UNLA7FUL RIDING. It shall be unlawful for any per-
son to ride on any street car or vehicle upon any
portion thereof not designed or intended for the use of passengers
when the vehicle is in motion. This provision shall not apply to
an employee engaged in the necessary discharge of a duty, or within
truck bodies, in space intended for merchandise,
SECTION 22, STREET CARS NOT TO BLOCK STREET. It shall be unlaw-
ful for the directing officer OT the operator of any
street car to direct the operation of or to operate the same in
such a manner as to prevent the use of any street for purposes of
travel for a period of time longer than five minutes. It shall be
unlawful for any street car to stop within an intersection or on a
crosswalk for the purpose of receiving or discharging passengers.
ARTICLE VI.
STOPPING STANDING AND PARKING
SECTION 23. STOPPING PROHIBITED IN SPECIFIED PLACES. It shall
be unlawful for the operator of a vehicle to stop,
0
-6-
stend or park such vehicle in any of the following places, except
when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer ,or traffic control sign or
signals.
1 Within an intersection.
2 On a crosswelk.
3 Between a safety zone and the Fdjacient curb or
within twenty feet of a Point on the curb immediately opposite the
end of a safety zone, unless the Chief of Police shall indicate a
different length by signs.
(14) Upon the approach to en intersection, within
(15) fifteen feet of the inside boundary line of the sidewalk, or,
if no sidewalk is in place, within twenty-five (25) feet of the in-
tersecting roadway, except that this provision shall not apply at
alleys. .
(5) Within fifteen (15) feet of the driveway en-
trance •to any fire station, or directly across the street from such
entrance.
6 Within fifteen (15) feet of a fire hydrant,
7 In front of a private driveway.
8 On a sidewalk.
9) Alongside or opposite any street excavation or
obstruction when such stopping, standing or parkin: would obstruct
traffic.
(10) That it shall be unlawful for any person, firm
or corporation to park a vehicle in any alley within the City of
Miami Beach, Florida, except in the alley betreen Ocean Drive and
Collins Avenue between First Street and Biscayne Avenue, for a. Per-
iod longer than five (5) minutes or to in anywise obstruct traffic
in said alleys.
SECTION 24. STANDING FOR LOADING OR UNLOADING ONLY IN C-r1.,RTAIN
PLACS. (a) It shall be unlnrful for the operator
of a vehicle to stop, stand or park said vehicle for a period of
time longer than is necessrry for the actual loading or unloading
of passengers, in any Place marked as a passenger zone.
(b) It shall be unlawful for the operator of a ve-
hicle, to stop, eend, or park said vehicle for a period of time
longer then is necessary for the actual loading or unloading of
passengers, or for the unloading and delivery or pick up and load-
ing of materials, in any place marked es a loading zone.
(c) The Chief of Police with the approval of the
City Manager shell have authority to determine the location of pas-
senger zones and loading zones -as described herein, and shall erect
and maintain appropriate signs indicating the same.
SECTIONeaa. CHIEF OF POLICE, MTH THE APPROVAL OF THE CITY :ANA -
AUTHORIZED TO DESIGNATE BUS STOPS AND TAXICAB
STANDS. The Chief of Police with the approval of the City Manager,
is hereby authorized and required to establish bus stops, and taxi-
cab stands on public streets in such places end in such mumber as he
shall determine to be of the reatest benefit and convenience to the
public, and shall appropriately sign every such bus stop and taxicab
stand, provided however that no such stand shall be so designated
without the consent of the abutting property owner
SECTION 26. OTHER VEHICLES PROHIBITED FROM PARKING IN BUS STOPS,
OR TAXICAB STANDS. It shall be unlawful for the
operator of any vehicle other than a bus to stand or park in an of-
ficielly designated bus stoP, or for any vehicle other than a taxi-
cab to stand or park in en officially designated taxicab stand, ex-
cept that the operator of a.ny paseenger vehicle may temOrnrily stop
in any such stop or stand for the purpose of and while actually en -
aged in the loading or unloading of passengers.
z
SECTION 27. BUSSES AND TAXICABS PARKING EXCEPT I1 DESIGNATED
STANDS. It shall be unlawful for the operator
of any bus, or taxicab to stand or park upon any street in any
business district at any place other than at a bus stop, or taxi-
csb stand, respectively, except that this provision shell not
prevent the operator of any such vehicle from temporarily stop-
ping in accordance with other parking regulations et any place
for the purpose of and while actually engaged in loadin or un-
loading passeners.
SECTION 28. PARKING PROHIBITED IN'OERTAIN PLACES. It shall be
unlawful for any operator to stop, stand or park
any vehicle in such a manner or under such conditions as to leave
available less then 10 feet of the width of the roadway for the
free movement of vehicular traffic, except that this provision shall
not apply to the operator of a vehicle stopped momentarily during
the actual loading or unloading of passengers if such stopping does
not actually impede traffic, nor shall it apply to a necessary stop
in Obedience to traffic regulations or traffic signs or signals or
a police officer.
sEcTioN 22. STANDING 0:R PARKING CLOSE TO CURB. (a) Except
when necessary in obedience to traffic regulations
or traffic signs or signals, the operator of a vehicle shall not
stop, stand or park such vehicle in a roadway other than parallel
with the edge of the roadway, on the right side of the street, head-
ing the direction of traffic, and with the curb -side wheels of the
vehicle within one foot of the edge of the roadway, except as pro-
vided in the following three paragraphs:
(1) Upon those streets which have been marked or
si.,ned for angle parking, vehicles shall be parked at the angle to
the curb indicated by such marks or signs.
(2) In places where, .and at hours when stopping
for the loading or unloading of merchandise or materials is per-
mitted,vehicles used for the transportation of merchandise or mat-
erials may back into the curb to take on or discharge loads, wen
the owner of such vehicle holds a Permit jjranting him such special
nrivileee, and provided further that such Permit shall be either in
possession of the onerator or on the vehicle at the time such vehi-
cle is b2cked against the curb to take on or discharge a load, end
it shall be unlawful for any owner or operator to violate any of
the special terms or conditions of any such special permit.
(a) The Chief of Police, with the approval of the
City Manager, shall determine upon what streets angle parking shall
be ?emitted and shall mark or sign such streets or cause the same
to be marked or signed.
(ID) The Chief of Police, with the approval of the
City Manager, is hereby authorized to issue, to any owner of a ve-
hicle used to transport merchandise or materials, a special permit,
renewable annually, and to stste therein the terms and conditions
thereof, allowing the operator of such vehicle the privilege of
loading and unloading while the vehicle is backed against the curb,
if in the ()Pinion of the Chief of Police such privilege is reason-
ably necessary in the conduct of the owner's business and will not
seriously interfere with traffic.
ARTICLE VIII.
OPERATION OF VEHICLES
SECTION 30. DRIVE ON RIGHT SIDE OF STREET. Upon all streets,
except upon one-way streets, the operator of a ve-
hicle shall drive the same upon the right half of the street plid
V
•
shall drive a slow moving vehicle as closely as possible to the
right-hand ede-e QT curb of the street unless it is impracticable
to travel on such side of the street, and except when overtaking
and passing another vehicle subject to the limitations applicable
in overtaking and passing set forth in this Ordinance.
The foregoing provisions of this section shall not
be deemed to prevent the marking of lanes for traffic uppn any
street and the allocation of designated lanes to traffic moving in
any Particular direction or a designated speed.
SCTION OVERTAKING A VEHICLE. The Operator of any vehicle
overtaking another vehicle proceeding in the same
direction may pass to the left or the right thereof under conditions
to permit safe passage. The operator of such overtaking vehicle
shall pass at a safe distance to the side of such overtaken vehicle
and shall not cut in front of the latter until safely clear of the
overtaken vehicle.
SECTION 72. LIIIITATIONS ON PRIVILEGE OF OVERTAKING AND PASSING.
(a) The operator of a vehicle shall not drive to
the left side of the center line of the traversable roadway in over-
taking and passing another vehicle proceeding in the same direction
unless such left side is clearly visible and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking and
passing to be made in safety.
The foregoing provision of this section shall not
apply upon one-way streets or upon streets lined for traffic, in
which latter event, vehicles travelini' in lanes shall move in the
direction permitted in such lanes.
(o) The operator of a vehicle shall not overtake
and pass any other vehicle proceeding in the same direction at any
intersection of streets, except that this provision shall not apply
at intersections where traffic is controlled by traffic control sig-
nals or by police officers.
OPERATOR TO GIVE WAY TO OVERTAKING VEHICLE. (e)
The operator of a vehicle upon a street shall not
deviate from his direct line of travel without ascertaining that
such movement can be made with safety to other vehicles approaching
from the rear and about to overtake and pass such first mentioned
vehicle.
(b) The operator of a vehicle upon a street about
to be overtaken and passed by another vehicle approaching from the
rear shall give way consistent with safety upon suitable and audible
signal being given by the operator of the overtaking vehicle, and
shall not increase the speed of his vehicle until completely passed
by the overtakily: vehicle.
IL:g111111. TURNING AT INTERSECTIONS. (a) RILiHT TURNS: The
operator of a vehicle intendinb to turn to the right
at an intersection or into an alley or driveway shall approach the
point of turnin:, in the line of traffic nearest the right hand edge
or curb of the street, and in turning, shall keep as closely as
practicable to the right hand curb or edge of the street.
(1) TURNING LEFT. The operator of a vehicle in-
tending to turn to the left at an intersection or into a driveway
shall approach the point of turning in the lane of traffic to the
right of and next to the center of the roadway, and, unless other-
wise directed by "turning markers," the operator of a vehicle in
turning left at an intersection shall leave to his left a clear
space equal to one-half width of the street for the use of vehicles
traveling in the opposite direction. Upon streets,laned for traffic
and upon one-way streets a left turn shall be made from the left lane
of traffic,
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(c) TURNING MARKERS. The Chief of Police is here-
by authorized to place turning markers within or at the entrance to
intersections, directing that traffic turning left shall follow a
line of travel other than as directed in subdivision (b) of this sec-
tion. Whenever turning markers have been placed as herein provided,
traffic turning left shall follow the line as directed '�y such mark-
ers.
(d) TURNING LEFT ON "GO" SIGNAL. The operator of a
vehicle or street car intending to turn to the left at an intersec-
tion where traffic is controlled by traffic control signals OT by a
police officer, shall proceed to make ouch left turn with prover
care to avoid accident and only upon the "Go" signal, unless other-
wise directed by a police officer.
QTION 3j. U "URNS. The operator of a vehicle shall not upon
any street turn such vehicle so as to proceed in
the opposite direction except where conditions at the point of said
turn make it impracticable to do otherwise.
s.LuTion_311. EMERGING FROM ALLEY OR PRIVATE DRIVETAY. The oper-
ator of a vehicle emerging from en alley, driveway
or garage shall stop such vehicle immediately prior to driving on-
to a sidewalk or onto the sidewalk area extending across any alley-
way.
2212NLIZ. VEHICLES SHALL NOT 3: DRIVEN ON SIDEWALK. The oper-
ator of a vehicle shall not drive within any sidewalk
area except at a permanent or temporary driveway.
SECTION_Ig. OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMER-
GENCY VEHICLE. (A) Upon the approach of any author-
ized emergency vehicle or vehicles giving audible signal by bell, sirei
or exhaust whistle, the operator of every other vehicle shall immediate-
ly drive the same to a position as near as possible and parallel to the
right hand edge or curb of the street, clear of any intersection, and
shall stop and remain in ouch position until the authorized emergency
vehicle or vehicles shall have passed, unless otherwise directed by a
police officer; and the operator of every street car shall immediately
stop such car clear of any intersection and keep it in ouch position
until the authorized emergency vehicle or vehilcles shall have passed,
unless otherwise directed by a police officer.'
SECTION -41. FOLLOWIn FIRE APPARATUS PROHIBITED. It shall be un-
lawful for the operator of any vehicle, other than one
on official business, to follow closer than five hundred feet of any
fire apparatus traveling in response to a fire alarm, or to drive into
or stop any vehicle within the block where fire apparatus has stopped
in answer to a fire alarm.
ARTICLE IX.
MISCELLANEOUS PROVISIONS
SECTION O. MOTOR VEHICLES LEFT UNATTENDED AND ENGINE STOPPED. No
person having control or charge of a motor vehicle shall
allow such vehicle to stand on any street unattended without stoppin'
the motor of said vehicle, and, when standing upon a perceptible grade,
without turning the front wheels of such vehicle to the curb or side f
the street or highway.
StCTION 41. USE OF COASTERS, ROLLER SKATES, AND -SIMILAR DEVICES
RESTRICTED. It shall be unlawful for any person upon
roller skates or riditg in or by means of any coaster, toy vehicle, or
-10 -
similar device, to :o uon any roadway except while crossing a
street on a crosswalk.
SECTION 42. CLINaING TO MOVING VEHICLES. It shell be unlawful
for any person traveling upon any bicycle, motor
cycle, coaster, roller skates, or any toy vehicle to cline to, or
attach himself or his vehicle to any other moving vehicle or street
car upon any roadway.
SECTION 41, UNLAWFUL TO DRIVE THROUGH PROCESSIONS, UNLESS DIREC-
TED BY TRAFFIC CONTROL SIGNALS OR BY A POLICE OFFICER.
It shall be unlawful for the operator of any vehicle or street car to
drive between the vehicles comprising a funeral or other authorized
procession while they are in motion, orovided that said vehicles are
conspicuously so designated. This provision shall not apply at inter-
sections where traffic is controlled by traffic control signals or
police officers.
,5ECTION )1)1. BACKING AROUND CORNERS OR INTO INTERSECTIONS PROHIBI-
TED. It shall be unlawful for the operator of any
vehicle to back such vehicle around a corner at an intersection or
into an intersection of public streets.
SECTION 21±5. OBSTRUCTION TO OPERATOR'S VIEW OR DRIVING MECHANISM.
(a) It shall be unlawful for the operator of any
vehicle to drive the same when such vehicle is so loaded, or when
there are in the front seat of such vehicle such number of persons,
as to obstruct the view of the operator to the front or sides, or to
interfere with the operator's control over the drivin mechanism of
the vehicle.
(b) It shall be unlawful for any passenger in a
vehicle or street car to ride in such position as to interfere with
the operator's view ahead, or to the sides, or to interfere with the
operator's control over the driving mechanism of the vehicle.
SECTION 46. CROSSING FIRE HOSE. No street car or vehicle shall
be driven over any unprotected hose of the Fire De-
partment hen laid down on any street, private driveway or street
car track to be used at any fire or alarm of fire, without the con-
sent of the Fire Marshal or Fire Department official in command.
SECTION 47. RIDING ON HANDLE BARS PROHIBITED. It shall be un-
lawful for the operator of any bicycle or motorcycle,
when u)on the street, to carry any other person upon the handle bar,
frame or tank of any such vehicle, 6r for any person to so ride up-
on any such vehicle.
SECTION 48. BRAKES AND LIGHTS. Every motor vehicle operated or
driven upon the public highways of this city shall
be provided with adequate brakes in good working order and suffi-
cient to control such vehicle at all times when the same is in use.
Said motor vehicle shall also during the period from one-half hour
after sunset to one-half hour before sunrise display at least two
lighted lamps on the front and one on the rear of such vehicle,
while in operation. Said lamps on the front of said vehicle shall
be provided with dimmers of non -glaring character, which said dimmers
shall be used at all times during said period when said vehicle is
in operation.
SECTIORja. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIVOR OR
NARCOTIC DRUGS. It shall be unlawful for any person
who is an habitual user of narcotic drugs, or any ,:erson who is un-
der the influence of intoxicating liouor or narcotic drugs, to drive
any vehicle upon any street or other public way.
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SILOTIONE2,• RECKLESS DRIVING. Any person who drives any vehicle
upon a highway carelessly and heedlessly in wilful
or wanton disregard of the rights or safety of others, or without
due caution and circumspection, having due regard to the traffic,
surface and. width of the highway and of any other conditions then
existing, and at a speed or in P manner so as to endanger or be
likely to endanger any person or property, shall be guilty of reck-
less driving.
SECTION 51. MEETING VEHICLES. Operators of vehicles proceeding
in opposite directions shall pass each other to the
right, each giving to the other at least one-half of the main tra-
veled portion of roadway as nearly as Possible.
FOLLOWING TOO CLOSELY. (a) The Operator of a motor
vehicle shall not follow another vehicle more close-
ly than is reasonable and --(Prudent, having due regard to the speed
of such vehicles and the traffic.. upon and condition of the highway.
SECTION 53. SIGNALS ON STARTING OR TURNING. (a) The operator
of any vehicle upon a highway before starting, stop-
ping or turning from a direct line shall first see that such move-
ment can be made in safety, and, if any pedestrian may be affected
by such movement, shall give a clearly audible signal by sounding
the horn, and, whenever the operation of any other vehicle may be
affected by such movement, shall give a signal as required in this
section plainly visible to the driver of such other vehicle of the
intention to make such movement.
(b) The signal herein required shall be given either
by means of the hand and arm in the manner herein specified, or by
an approved mechanical or electrical signal device, except that when
a vehicle is so constructed or loaded as to Prevent the hand and arm
signal from being visible both to the front and rear the signal shall
be given by a device of a type which has been approved by the State
Department of Motor Vehicles.
Whenever the signal is given by means of the hand end
arm, the driver shall indicate his intention to start, stop, or turn
by extending the hand and arm horizontally from and beyond the left
side of the vehicle.
SECTION 5. RIGHT OF WAY. Subject to the exceptions stated in
the next succeeding section, and except as otherwise
designated by traffic signs or signals, the right of way rule as be-
tween vehicles at intersections is hereby declared as follows:
(a) The operator of a vehicle approaching an inter-
section shall yield the right of way to a vehicle which has entered
the intersection. •
(b) When two vehicles approach or enter an intersec-
tion et the same time, or at approximately the same time, the oper-
ator of the vehicle on the left shall yield the right of way to the
vehicle on the right.
(c) The operator of any vehicle traveling at an un-
lawful speed shall forfeit any right of way which he might otherwise
have hereunder.
SECTION 55, EXCEPTIONS TO RIGHT OF WAY RULE. (a) The operator
of a, vehicle entering a public street from a private
road or drive shall yield the right of way to all vehicles approaching
on such public highway.
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(b) The operator of a vehicle on a street shall
yield the right of way to authorized emergency vehicles when the
latter are operated upon official business and the operators there-
of sound audible signal by bell, siren or exhaust whistle, This
provision shall not relieve the operator of an authorized emergency
vehicle from the duty to drive with due regard for the safety of
all persons using the street, nor shall it protect the operator of
any such vehicle from the consequence of an arbitrary e;kercise of
such right of way.
DUTY TO STOP IN EVENT OF ACCIDENT. The driver of
any vehicle involved in an accident resulting in
injury or death to any person or damage to property shall immediate-
ly stop such vehicle at the scene of such accident, and shall give
his name and address and registration number of his vehicle to the
person struck or to the driver or occupants of any vehicle collided
with, and shall render to any person injured in such accident, rea-
sonable assistance, including the carrying of such person to a phy-
sician or surgeon for medical or surLical treatment, if it is ap-
parent that such treatment is necessary or is requested by the in-
jured person.
SEOTION51. DUTY TO REPORT ACCIDENT. The operator of any vehicle
involved in an accident resulting in injuries or
death to any person (or property damage to an apparent extent of
(50.00) Fifty Dollars or more) shall immediately make a report of
such accident to the police headquarters in this City.
SECTION 58. GARAGE KEEPER TO REPORT DAMAGED VEHICLES. The per-
son in charge of any garage or repair shop to which
is brought any motor vehicle which shows evidence of having been in-
volved in any accident or struck by any bullet shall immediately re-
port to the Police Headquarters of this City, giving the engine num-
ber and the name and address of the owner or operator of such vehicle.
FLAG OR LIGHT AT END OF LOAD. Whenever the load on
any vehicle shell extend more than four :eet beyond
the rear of the bed or body thereof, there shall be displayed at the
end of such load in such position as to be clearly visible at all
times from the rear of such vehicle a red flag not less than twelve
inches both in length and width, except that between one-half hour
after sunset and one-half hour before sunrise there shall be dis-
played at the end of such load a red light plainly visible under
normal atmospheric conditions at least two hundred feet from the
rear of such vehicle.
1..45/0Nr60. HORNS AND WARNING DEVICES. (a) Every motor vehicle
when operated upon a hijhway shall be equipped with
a horn in good working order, capable of emitting sound audible un-
der normal conditions from a distance o two -hundred (200) feet or
more, and it shall be unlawful, except as otherwise provided in thio
section, for any vehicle to be equipped with or for any person to
use upon a vehicle any siren, or any compression or spark plug whis-
tle, or to use any exhaust horn or whistle which does not produce a
harmonious sound, or for any person at any time to use a horn other-
wise than as a reasonable warnin, or to make any unnecessary or un-
reasonably loud or harsh sound by means of a horn or other warning
device.
(b) Every authorized emergency vehicle shall be
equipoed with a bell, riren or exhaust whistle of a type approved
by the Chief of Police.
SECTTON..4. PREVENTION OF NOISE, SJOKE ETC; MUFFLER CUTOUT REGUA
LATED. (a) No person shall drive a motor vehicle
on a highway unless such motor vehicle is outopped'with a muffler
-13 --
in' ood working order and in constant operation to prevent exces-
sive or unusual noise snd annoying smoke.
(b) It shall be unlawful to use a "muffler cutout"
on any motor vehicle on a highway.
(c) No vehicle shall be driven or moved'on any hih-
way unless such vehicle is so constructed or loaded as to prevent
its contents from droppinz, sifting, leaking, or otherwise escaping
therefrom.
SECTION 62. PENALTIES AND PROCEDURE ON ARREST. Any person who
shall violate or fail to comply with any of the
provisions of this ordinance shall be punished by P fine of not
less than five ($5.00) Dollars nor more than two hundred ($200.00)
Dollers, or be imprisoned for not more than ninety (90) days, or
both, in the discretion of the Court.
sixiqpN 67. EFFECT OF ORDINANCE. If any section or subsection,
sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance..
The City Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that sny one or more section, sub-
sections, sentences, clauses or phrsses be declared unconstitutional.
SECTION 64. REPEAL. Ordinances Nos. 98, 104, 161, 173, 174, 175,
181, 165, 207 and 218, and all other ordinances or
parts of ordinances in conflict herewith OT inconsistent with the
orovisions of this Ordinance are hereby repealed, except that this
repeal shall not affect or prevent the prosecution or ounishment of
any person for any act done or committed in violation of any ordi-
nance hereby repealed prior to the taking effect of this Ordinance.
PASSED AND ADOPTED this 15th day of August, A. D.,
1928.
ATTEST: C. " W. OY NS 1 City Clerk
By_
Deputy,/ ity Clerk
President of City Council
Pro -tem
APPROVED BY ME _LiDAY OF
First Reading, August 8th, 1928.
Second Reading, August 8th, 1928.
Third Reading, August 15th, 1928.
Posted, August 17th, 1928.
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. 258, entitled, "AN ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA, REGULATING TRAFFIC UPON THE PUBLIC
STREETS OF THE CITY OF MIAMI BEACH, FLORIDA, AND REPEALING
ORDINANCES NOS. 98, 104, 161, 173, 174, 175, 181, 165, 207,
218 AND ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN
CONFLICT HEREWITH," having been duly passed and adopted by
the City Council of the City of Mipmi 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 17th day of August, A. D., 1928,
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 on this the 19th day of September, A. D., 1928.
l
g
4
.Wended through
5/5/48
ORD IN AN CE N O . 258
AN ORDINANCE OF THE CITY OF MIAMI BEACH 9
FLORIDA, REGULATING TRAFFIC UPON THE
PUBLIC STREETS OF THE CITY OF MIAMI BEACH,
FLORIDA, AND REPEALING ORDINANCES NOS. 98,
10, 161, 173, 17i+, 175, 181, 165, 207,
218AND ALL OTHER ORDINANCES AND SECTIONS
OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
ARTICLE I
(Amendment #849)
SECTION 1: DEFINITIONS: Whenever :in this Ordinance the follow-
ing terms are used, they shall have the meanings
respectively ascribed to them in this section.
STREET OR HIGHWAY. Every way set apart for public travel,
except foot paths.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway not open to
the use of the public for purposes of vehicular travel.
ROADWAY. That portion of a street or highway between the
regularly established curb lines or that part devoted to
vehicular traffic.
SIDEWALK. That portion of a street between the curb lines and
the adjacent property lines.
INTERSECTION. The area embraced within the prolongation of the
lateral curb lines or, if none, then the lateral boundary lines
of two or more streets or highways which join one another at an
angle whether or not such street or highway crosses the other.
CROSSWALK. That portion of a roadway ordinarily included with-
in the prolongation of curb and property lines at inter-
sections, or any other portion of a roadway clearly indicated
for pedestrian crossing by lines or other markings on the
surface.
SAFETY ZONE. The area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is so
marked or indicated by proper signs as to be plainly visible
at all times while set apart as a safety zone.
PASSENGER ZONE. The area or space officially set apart within
a street for the loading and unloading of passengers from
public cars.
LOADING ZONE. The area or space officially set apart within
a street or alley for the loading and unloading of materials.
VEHICLE. Every device in, upon, or by which, any person or
property is or may be transported or drawn upon a public high-
way, excepting devices moved by human power or exclusively upon
rails or tracks.
1'IOTOR VEHICLE. Every vehicle, as herein defined, which is self
propelled.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department,
Police vehicles and such ambulances and emergency vehicles of
municip41 departments or public service corporations as are
designated or authorized by the Chief of Police.
PEDESTRIAN. Any person afoot.
OPERATOR. Any person who is in actual physical control of a
vehicle.
TRAFFIC. Pedestrians, ridden animal;, herded animals, vehicles
and bicycles, either singly or together, while using any
street for purposes of travel.
RIGHT-OF-WAY. The privilege of the immediate use of the
street or highway.
PARKING° The stopping or standing of a vehicle, whether
attended or unattended, upon a roadway, other than for the pur-
pose of, and while actually engaged An, loading or unloading,
or other than in obedience to traffic regulations, traffic
signs, or traffic signals.
OFFICIAL TRAFFIC SIGNS. All signs and markings, other than
signals, not inconsistent with this Ordinance, placed or erected
by authority of a public body or official having jurisdiction
for the purpose of guiding, directing, warning or regulating
traffic.
OFFICIAL TRAFFIC SIGNALS. All signs, not inconsistent with
this Ordinance, placed or erected by authority of a public
body or official having jurisdiction, for the purpose of
directing, warning or regulating traffic.
TRAFFIC CONTROL SIGNAL. Any device using colored lights, or
words, or any combination thereof, whether manually, electrically
or mechanically operated, by which traffic is alternately di-
rected to stop and to proceed.
POLICE OFFICER. Every officer of the Municipal Police Depart-
ment or any officer authorized to direct or regulate traffic
or to make arrests for violations of traffic regulations.
SECTION 2:
ARTICLE
AUTHORITY OF POLICE
POLICE TO DIRECT TRAFFIC. It shall be the duty of
the Police Department of this City to enforce the
provisions of this Ordinance. Officers of the Police Depart-
ment are hereby authorized to direct all traffic either in per-
son or by means of visible or audible signal in conformance
with the provisions of. this Ordinance, provided that in the
event of a fire or other emergency and to expedite traffic or
safeguard pedestrians during such emergency, officers of the
Police or Fire Department may direct traffic, as conditions may
require, notwithstanding the provisions of this Ordinance
SECTION 3: CHIEF OF POLICE WITH THE APPROVAL OF CITY MANAGER
AUTHORIZED TO ADOPT EMERGENCY R:EGLTLAT IONS. The
Thief of Police with the approval of the City Manager is here --
by empowered to make and enforce regulations necessary to make
effective the provisions of this Ordinance and to make tempore
regulations to cover emergencies or special conditions, pro-
vided any such regulations are not inconsistent with the pro-
visions of this Ordinance.
SECTION 4: OBEDIENCE TO POLICE. It shall be unlawfulfor any
person to refuse or fail to comply with any lawful
order, signal or direction of a police officer, as authorized
by this Ordinance.
SECTION : PUBLIC EMPLOYEES TO OBEY TRAFFIC. REGULATIONS.
(a) The provisions of this Ordinance shall apply to the
operator of any vehicle owned or used in the service of t� e
U. S. Government, this State, County or City and it shall be
unlawful for any said operator to violate any of the pro-
visions of this Ordinance except as otherwise permitted in this
Ordinance.
(b) The provisions of this Ordinance regulating the movemnnt
parking and standing of vehicles shall not apply to
authorized emergency vehicles as defined in this
Ordinance
while the driver of such vehicle is operating the sa-e in an
emergency in the necessary performance of public duties.
This exeription shall not, however, protect the driver of any
such vehicle from the consequence of a reckless disregard of
the safety of others.
SECTIO,_•? 6: PERSONS PROPELLING PUSHCARTS OR RIDING BICYCLES
OR ANIMALS TO OBEY TRAFFIC REGULATIONS. Every
person propelling any pushcart or riding a bicycle or any
animal upon a roadway, and every person driving any animal,
shall be subject to the provisions of this Ordinance applicable
to the operator of any vehicle, except those provisions of
this Ordinance with refert.�ce to the eau.inment of vehicles and
except those provisions which bv their very nature can have
no application.
�.h 1 -iceLE III
,.
TRAFFIC SIGNS AND SIGNALS
SECTION 7: (a) The Chief of Police with the approval of the
City Manager is hereby authorized to determine and
designate the character, type and location of all official
traffic signs and signals, and it shall be his duty to place
and maintain_, or cause to be placed and maintained all official
traffic signs and signals. All signs an signals required here-
under for a particular purpose shall so far as is practicable
be uniform throughout the City.
SECTION 8: (Amendment #849) OBEDIENCE TO TRAFFIC SIGNS AND
SIGNALS. It shall be unlawful
for any operator to disobey the instructions of any official
traffic sign or signal upon the stret placed in accordance
with the provisions of this Ordinance, unless otherwise
directed by a police officer.
SECTIO L2: TRAFFIC CONTROL SIGNAL LEGEND.
Whenever traffic
at an intersection is alternately directed to stop
andto proceed by the use of signals exhibiting the words"Stop", "Go"
or "Caution" or exhibiting colored lights, said
terms and lights shall indicate as follows;
(a) When the word "Stop" or the color red is exhibited after
green, no waiting, vehicle facing the signal shall proceed
until the green or "Go" signal is displayed alone and every
moving r vehicle facing "
�, the signal shall stop o n the near side
-Jf the crosswalk (or the nearest property line of the cross
,r .ot), unless at the time the word "Stop" or the color red is
i r. st displayed the moving vehicle is less than the normal
kir_ aking distance from the crosswalk ( or the nearest property
Tine of the cross street) in which event it may proceed. When
the word "Stop" or the color red is exhibited after yellow or
amber, no vehicle facing the signal shall enter the intersection
until the green or "Go" signal is displayed alone.
(b) When the word "Go" or the color green is exhibited alone,
traffic facing the signal may proceed, except that such
traffic shall yield the right of way to pedestrians and vehicles
lawfully within a crosswalk or the intersection at the time
such signal was exhibited.
c) When the word "Caution" or "Wait" or tha color yellow or
amber is exhibited following or with green, all vehicles
facing the signal shall stop if possible as provided in sub-
section (a) of this section. When such word or color is ex-
hibited following or with red, no vehicle facing the signal
shall enter the intersection until_ the green or "Go" signal is
displayed alone.
SECTION 10: DISPLAY OF LUATJTHORIZED SIGNS AND SIGNALS PRO-
HIBITED.
RO-
HIBITED. It shall be unlawful for any person to
place or maintain or to display upon or in view of any street,
any unofficial sign, signal or device which purports to be
or is in imitation of, or resembles, an official traffic sign
or signal, or which atte-npts to direct the movement of traffic.
Every such prohibited sign, signal or device is hereby declared
to be a public nuisance, and the Chief of Police is hereby
empowered to remove the same, or cause it to be removed, with-
out notice.
SECTION 11: INTERFERENCE WITH SIGNS AND SIGNALS PROHIBITED.
___
It shall be unlawful for any person to wilfully
deface, injure, move, obstruct or interfere with any official
traffic sign or signal.
SECTION 12: CHIEF OF POLICE WITH APPROVAL OF CITY MANAGER
AUTHORIZED TO DESIGNATE CROSSWALKS. The Chief of
Police with the approval of the City i.anager is hereby author-
ized to establish and to designate and shall thereafter main-
tain, by appropriate devices marks or lines upon the surface
of the roadway, crosswalks approximately equal_ in width to
the adjacent sidewalk at all intersections where in his opinion
there is particular danger to pedestrians crossing the roadway.
SECTION__11: CHIEF OF POLICE '„TTH APPROVAL OF THE CITY MANAGER
AUTHORIZED TO DESIGNATE SAFETY ZONES AND LANES FOR
TRAFFIC.
(a) The Chief of Police yith the approval of the City Manager
is hereby empowered to establish safety zones of such kind and
character and at such p.i.ces as he may deem necessary for the
protection of pedestrians.
(b) The Chief of Police with the approval_ of the City Manager,
is also authorized. to maria_ lanes for traffic on street pave-
ments at such places as he may deem advisable, consistent
with the provisions of this Ordinance.
(c) The Chief of Police with the approval of the City Manager,
is hereby empowered to determine those intersections at which
operators of vehicles shah'_. not make a left turn and shall
place proper signs at such intersections.
ARTICLE
SECTION 14: PEDESTRIANS' RIGHTS AT) DUTIES AT CONTROLLED
INTERSECTIONS. At intersections where traffic is
controlled by traffic signals or by police officers, pedes-
trians shall yield the right of way to veehicles lawfully pro-
ceeding directly ahead on a "Go" signal'_ as.;_7tho21od in
Section 99 and operators of vehicles shall yield the right
of way to pedestrians crossing or those who have started to
cross the roadway on a "Go" signal.
SECTION 1 : PEDESTRIANS TO USE RIGHTHALF OF CROSSWALK.
Pedestrians shall move, whenever practicable, upor
the right half of crosswalks.
SECTION 16: PEDESTRIANS SOLICITING RIDES. It shall be unlawflil
for any person to stand in a roadway for the pur-
pose of soliciting a ride from the operator of any private
vehicle.
h iITICLE Tr
SECTIONS 17 and. 18 -repealed - Amendment #81+9.
SECTION 12: DRIVING THROUGH SAFETY ZONE PROHIBITED. It shall b.
unlawfulfor the operator of a vehicle at any time
to drive the same over or through a safety zone as defined in
this ordinance.
SECTION 20: (Amendment #84+9) BOARDING OR ALIGHTING FROM
VEHICLES. It shall be unlawful_ for any person to
board or alight from any vehicle while such vehicle is in
motion.
SECTION 21: (Amendment No. 849) UNLAWFUL RIDING. It shall be
unlawful_ for any person to
ride on any vehicle upon any portion thereof not designed or
intended for the use of passengers when the vehicle is in motion.
This provision shall not apply to an employee engaged in the
necessary discharge of a duty, or within truck bodies, in space
intended for merchandise
SECTION : (Amendment No. . 81+9) DRIVER'S LICENSE.
(1) Every op"rator of a motor vehicle shall_ have
his Mate operator's or chauffeur's license in his immediate
possession at all tides when operating a motor vehicle, and
shall display same upondemand of any police officer of the City
of ? iiami r3ea ch, provided, however , that no person charged with
violating this section shall be convicted if he produces in
court an operator's or chauffeur' s license theretofore issued
to him and valid at the time of his arrest.
ARTICLE VI
STOPPINQ, STANDING AND PARKING
SECT. ION 23: STOPPING, PROHIBITED IN SPECIFIED PLACES. It shall
be unlawful for the operator of a vehicle to stop,
stand or park such vehicle in any of the following places, ex-
cept when necessary to avoid conflict with other traffic or
in compliance with the direction of a police officer or traffic
control sign or signals.
(1) Within an intersection.
(2) On a crosswalk.
(3) DELETED *(Amendment #849)
(4+) Upon the approach to an intersection, within fifteen
(15) feet of the inside bounP,ary line of the sidewalk or,if
9
no sidewalk is in place, within twenty-five (25) feet of the
intersectin3.. roadway, except that this provision shall not apply
at alleys.
r Within fif. teen (15) f e:t of the driveway entrance to
( �
any fire stat.i..on., or directly across the street from such
entrance.
(6) Within fifteen (15) Feet of a fire hydrant.
(7) In front of a private driveway.
(8) On a sidewalk.
(9) Alongside or opposite any street excavation or ob-
struction when such stopping, standing or parking would obstruct
traffic.
(10) That it shall be unlawful for any person, firm or
cor.00ration to park a vehicle in any alley within the ,'ity of
Miami Beach, Florida, except in the alley between Ocean Drive
and Collins Avenue between First Street and Biscayne Avenue, for
1 period longer than five (5) minutes or to in anywise obstruct
tr ..ffic in said alleys.
(11) -Amendment ,i=849.-
It shall be unlawful to park, or to cause or permit
,o be parked, a motor vehicle upon any street or other public
way in the City of Miami }}each for a continuous period of time
1.:;nger than the legal narking time designated by official traff i
igns or signals posted upon such street or way.
SECTION 24: STANDING FOR LOADING OR UNLOADING ONLY IN
CERTAIN PLACES.
(a) It shall be unlawful for the operator of a vehicle
o stile, stand or park said vehicle for a period of time
:conger than is necessary for the actual loading or unloading
of passengers, in any place marked as a passenger zone.
(b) It shall be unlawful for the operator of a vehicle,
o stop, stand, or park said vehicle for a period of time
longer than is necessary for the actual loading or unloading of
rassengers, or for the unloading and delivery or pickup and
Loading of materials, in any place marked as a loading zone.
(c) The Chief of Police with the approval of
the City Manager shall have authority to determine the loca-
tion of passenger zones and loadint7 zones 1,8 described
herein, and shall erect end maintain appropriate signs in-
dicating the same.
AMEND- SECTION 25. CHIEF OF POLICE, WITH THE APPROVAL OP THE
MENT _ _
CITY MANAGER, AUTHORIZED TO DESIGNATE BUS
NO. 570 STOPS AND TAXICAB STANDS. The Chiof of Police .with the
apTroval of the City Manager, is hereby authorized and re-
quired to establish bus stops, and taxi -cab stands on public
Streets in such placos and in suchnumber as he shill deter-
mine to be ef the gratest benefit and convenience to the
public, and shall appopriately designato such bus stop and
taxicab stand.
SECTION 26. OTHER VEFICLE", PROFtIB1TED FROM PARKING IN BUS
STOPS, OR TAXICAB STANDS, It shall be unlaw-
ful for th.) operator ',f any vohIcle other than a bus to
stand or park in an eff:l.cially designated bus stop, or for
any vehicle other then a taxicab to stand or park in an
officially deslgnated taxicab stand, except that the or:per-
nter of any passenger vehicle may temporarily stop in any
such stop or stand. for the purpeso of and while actually
engaged in the lcain7 or unloading of Passengers.
SECTION 27, RUSSES ANL TAXICABS PARKING EXCEPT IN DESIG-
NATED STANDS. It shail bo unlawful for the
operator of any bus, :-)r taxicab to stand or 1)ark upon any
Street in any busineJs district at eny nlnce othcr than at
a bus step, or taxleab stand, respectively, except that
this provision shall not prevent tTle operator of an v such
vehele from temporarily stopping in accordance with other
parking roulations at any piece for the purpose of and
while actually engaged in leading or unloading passengers.
SECTION 28. PARKING PROHIBITED IN CERTAIN PLACES. It shall
be unlawful for any operator to stop, stand
or park any vehicle in tiuch a manner or under such con-
ditions as to leave available less than 10 feet of the.width
of the roadway for the free movement of vehicular traffic,
except that this provision shall not apply to the operator
of a vehicle stopped momentarily during the actual loading
or unloading of passengers if such stopping does not actually
impede traffic, nor shall It apply to a necessary stop in
obedience to traffic regulations or trafic signs or signals
or a police officer.
SECTION 29. STANDING OR PARKING CLOSE TO CURB. (a) Excee
when necessary in obedience to traffic
tions or or traffic signs or signals, the onerator of A, vehlol
shall not stop, stand or parL such vehicle in a roadway
other than parallel with the edge of the roadway, on the
right side of the street, heading the direction f trafft
and with the curb -side wheels of the vehicle within one f,Int
of the edgo nf the readway, except as provided in the follow-
ing three paragreThN:
(1) Upon those streets which have been mark a
or signed for angle r)arking, vehicles shall be parked nt
the angle to the curb indicated by such marks or signs.
(2) In places where, and at hours when stopping for the
loading or unloading of merchandise or materials is permitted,
vehicles used for the transportation of merchandise or materials
may back into the curb to take on or discharge loads, when the
owner of such vehicle holds a permit granting him such special
privilege, and provided further that such permit shall be
either in possession of the operator or on the vehicle at the
time such vehicle is backed against the curb to take on or
discharge a load, and it shall be unlawful for any owrAer or
operator to violate any of the special terms or conditions of
any such special permit.
(a) The Chief of Police, with the approval of the City
Manager, shall determine upon what streets angle parking shall
be permitted and shall mark or sign such streets or cause
the same to be marked or signed.
(b) The Chief of Police, with the approval of the City
Manager, is hereby authorized to issue, to any owner of a
vehicle used to transport merchandise or materials, a special
permit, renewable annually, and to state therein the terms and
conditions thereof, allowing the operator of such vehicle the
privilege of loading and unloading while the vehicle is backed
against the curb, if in the opinion of the Chief of Police such
privilege is reasonably necessary in the conduct of the owner's
business and will not seriously interfere with traffic.
ARTICLE VIII
OPERATION OF VEHICLES
SECTION 30: DRIVE ON RIGHT SIDE OF STREET. Upon all streets,
except upon one-way streets, the operator of a
vehicle shall drive the same upon the right half of the street
and shall drive a slow moving vehicle as closely as possible
to the right-hand edge or curb of the street unless it is im-
practicable to travel on such side of the street, and except
when overtaking and passing another vehicle subject to the
limitations applicable in overtaking and passing set forth in
this Ordinance.
The foregoing provisions of this section shall not be
deemed to prevent the marking of lanes for traffic upon any
street and the allocation of designated lanes to traffic moving
in any particular direction or a designated speed.
SECTION 31: OVERTAKING A VEHICLE,. The Operator of any
vehicle overtaking another vehicle proceeding
in the same direction may pass to the left or the right
thereof under conditions to permit safe passage. The oper-
ator of such overtaking vehicle shall pass at a safe dis-
tance to the side of such overtaken vehicle and shall not
,ut in front of the latter until safely clear of the over-
-Gaken vehicle.
,ECTION 32: LIMITATIONS ON PRIVIT.FGE OF OVERTAKING AND
PASSING. (a) The operator of a vehicle
-.hall not drive to the left side of the center line of the
{traversable roadway in overtaking and passing another vehi
cle proceeding in the same direction unless such left side
is clearly visible and is free of oncoming traffic for a
sufficient distance ahead to permit such overtaking and
passing to be made in safety.
The foregoing provision of this section shall
not apply upon one-way streets or upon streets laned for
traffic, in which latter event, vehicles traveling in lanes
shall move in the direction permitted in such lanes.
(b) The Operator of a vehicle shall not over-
take and pass any other vehicle proceeding in the same di-
rection at any intersection of streets, except that this
provision shall not ap')ly at intersections where traffic is
controlled by traffic control signals or by police officers.
SECTIONa2. OPERATOR TO GIVE WAY TO OVERTAKING VEHICLE.
(a) The operator of a vehicle upon a street
shall not doviate from his diroct lino of travel without as-
certaining that such movement can bo mado with safoty to
other vehicles approaching from the rear and about to over-
take and pass such first mentionod vohiclo.
(b) Tho operator of a vohiclo upon a street
about to be ovortakon and passed by another vohicle approach-
ing from the roar shall give way consistent with safoty upon
suitable and audible signal being given by the oporator of
the overtaking vAlicLe, md shall not increase the speed of
his vehic12 until complotcly passed by tho overtaking vohicle.
SECTION 3)± TURNING AT INTERSECTIONS. (a) RIGHT TURNS.
The oporator of a v3hiclo intending to turn to
the right at an intersection or into an alley or driveway
shall approach the point 017 turning in tho lino of traffic
nearest tho right hand odgo or curb of tho street, and in
turning, shall keep as cl,-)soly as practicablo to the right
hand curb or edge of the street.
(b) TURNING LEFT. Tho operator of a vohicle
intending to turn to the loft at an intersection or into a
driveway shall approach th, point of turning in tho lane of
traffic to the right of and ncxt to tho conter of tho road-
way., and, unloss ntherwisc directed by "turning m-_rkers,"
tho operator of a vehicle in turning left at an intorsoction
shall leave to his 1..ft a cloar space oqual to onc-half width
of the street fer tho uso nf vohiclos traveling in tho opposite
direction. Upon streets lanod for traffic and upon ono-way
streets a loft turn shall be mado from th, left lano of traffic.
(c) TURNING MAKERS. The Chiof nf Police is
horeby authorized t- place turning markors within or at tho
entrance to intersocti-)ns, directing that traffic turning left
shall follow a lino ef travel oth?r than as directed in sub-
division (b) of this soctien. rlhonever turning markors havo
boon placed as heroin provided, traffic turning loft shall
follow the lino as directed by such markors.
(d) TURNING LEFT ON "GO" SIGNAL. The operator
f a vehicle car streot car intending to turn to the left at
n intorsoction whoro traffic is controlled by traffic control
:ignals or by a polico officer, shall proceed t make such
loft turn with propor caro to avoid accident and only upon thc
0Gen signal, unless otherwise directed by a police officer.
SECTION 35. U TURNS. "The operator f-f a vohiclo shall not
upon any street turn such vehicle so as to proceed
n tho opposite direction oxcopt whore conditions at tho point
cf said turn make it impracticable to do rthorwisc.
SECTION 16: ENEPGIVG FROM ALLEY OR PRIVATE DRIVEWAY. The
operator of a vehicle emerging from an alley, drive-
way or. garage Shall stop such vehicle immediately prior to
driving onto a sidewalk or onto the sidewalk area extending
acro:::> any alleyway.
SECTION_: VEHICLES SHALL NOT BE DRIVEN ON SIDEWALK. The
operator- of a vehicle shall not drive within any
sidewalk area except at a permanent or temporary driveway.
**SECTION 38: OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED
EMERGENCY VEHICLE, (:.) Upon the approach of any
authorized emergency vehicle or vehi cle s giving audible signal
by bell, siren or exhaust whistle, the operator of every other
veic1e shall i.mediatel.y drive the same to a position as near
as possible and parallel to the right hand edge or curb of the
street, clear of any intersection, and shall stop and remain in
such position until the authorized emergency vehicle or vehicles
shall have pa ed, unless otherwise directed by a police officer.
(Amendment #)
SECTI Oiv2L: FOLLOWING TING FIRE APPARATUS PROHIBITED. It shall be
unlawfll for the operator of any vehicle, other
than one on official business, to follow closer than five
hundred feet of any fi7e a pa.rc.t;, s traveling in response to a
fire alarm, or to drive into or stop any vehicle within the
block where fire apparatus has stopped in answer to a fire alarm.
ALT I CLE IX
MISCELLANEOUS PROVISIONS
MOTOR VEHICLES LEFT UNATTENDED AND ENGINE STOPPED.
No person havin control or charge of a motor
vehicle shall allow such vehicle to stand on any street un •
-
attended without storing the motor of said vehicle, and, when
standing upon a perceptible ,_rade, `AfithoUt turning the front
wheels of such vehicle to the curb or side of the street or.
highway.
SECTION 1a USE OF COASTERS, ROLLER SKATES, AND SIMILAR DEVICES
RESTRICTED. It shall be unlawful for any person
upon roller skates or riding in or by means of any coaster, toy
vehicle, or :similar device, to go upon any roadway except while
crossing a street on a crosswalk.
SECTION 4+2: CLINGING TO MOVING VEHICLiS. It shall be unlawful
for any person traveling upon any bicycle, motor-
cycle, coaster, roller skates, or any toy vehicle to cling to,
attacher himself or his vehicle to any other moving vehicle
upon any roadway. (,Amendment #849)
SECTION CTION 3: UNLAWFUT, TO DRIVE THROUGH PROCESSIONS UNLESS
DIRECTED BY TRAFFIC CONTROL SIGNALS OR BY A POLICE
OFFICER. It shall be unlawful for the operator of any vehicle
Dr street car to drive between the vehicles comprising a
funeral or other authorized procession while they are in motion,
;rovided that said vehicles are conspicuously so designated.
This provision, shall not apply at intersections where traffic is
controlled by traffic control signals or police officers.
SECTION 4+4 : BACKING AROUND CORNERS OR INTO INTERSECTIONS PRO-
HIBITED. It shall be unlawful for the operator
of any vehicle to back such vehicle around a corner at an
intersection o..2 into an intersection of public streets.
"SECTION 45: OBSTRUCTION TO OPERATOR'S VIEW OR DRIVING MECHANIST`
(a) It shall be unlawful for the operator of any
vehicle to drive the same when such vehicle is so loaded, or
when there are in the front seat of such vehicle such number of
persons, as to obstruct the view of the operator to the front
or sides, or to interfere with the operator's control over
the driving mechanism of the vehicle.
-*
**
SECTION 1+0
-9-
(Amendment #8'+9)
*(b) It shall be unlawful for any passenger in a vehicle to
ride in such position as to interfere with the operator's
view ahead, or to the sides, or to interfere with the operator's
control over the driving mechanism of the vehicle.
f"1 nT Tri N 46:
* SECTION
CROSSING FIRE HOSE. No vehicle shall be driven
over any unprotected hose of the Fire Department
when laid down on any street, or private driveway to ;be used •
at any fire or alarm of fire, without the cons Gnt of fe.,o 7ifie
Marshal or Fire Department official in command.
* (Amendment 04 9)
2=21.1142: RIDING ON HANDLE BARS PROHIBITED. It shall be un-
lawful for the operator of any bicycle or motor --
cycle, when i.apon the street, to carry any other person Upon
the handle bar, .frame or tank of any such vehicle, or for any
person to so ride upon any such vehicle.
SECTI0 48: (Amendement #849) MECHANICAL CONDITION. Every
motor vehicle operated or drive i
upon the, tyublic highways of this City shall he provided with
adequate brakes in good working order and sufficient to control
such vehicle at all times when the same is in use.'
Said motor
vehicle shall also during the period froin one-half hour after
sunset to one-half hour before sunrise display at least two
lighted lamps on the front and one on the rear o_' such vehicle,.
while in operation. Said lamps on the front of said vehicle
shall be provided with dimmers of non -glaring character, which
said dimmers shall be used at all tines during said period when
said vehicle is in operation. It shall be unlawful for ani
person to operate any rotor vehicle, or frr the owner of any
motor vehicle to cause or 7.=L;717' permit the operation of
such motor vehicle upon any public street in the City of Miami
Tieach, which vehicle does not comply with and conform to the
requirements as to mechanical condition and inspection as .pro--
vided by the ordinances of the City of Miami Beach.
SECTION -f9: PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR
OR NARCOTIC IC DRUGS . It shall be unlawful for any
person who is an habitual user of narcotic drugs, or any person
who is under the influence sof intoxicating t i':`Ior •or . narcot*c
drugs, to drive any vehicle upon any street or other public way.
SECTION 50: (Amendment #849) RECKLESS -DRIVING. (a) Any person
who drives any vehicle en a highway carelessly and
heedlessly in wilful and wanton disregard of ;the rights and sa 'et:
of others, or without due caution and circumspection, having dile
regard for traffic, surface and width of the highway and any
other driving conditions then existing, or in a manner so as to
endanger or be likely to endanger any person or any property,
shall be guilty of reckless driving.
`'^}) RECKLESS DRIVING BY SPEEDING. Any person who drives any
vehicle upon a highway at a speed greater than that
dsignated by pfficial traffic signs posted upon said highway,
under existing conditions of traffic, surface and width of
�:�ighway, and of actual and potential hazards then existing, at
o speed greater than is reasonable and prudent and so as to
e::. danger or be likely to endanger any person or property, shat_ i
guilty of reckess driving by speeding.
ars CTION 51: MEETING VEHICLES. Operators of vehicles pro-
ceeding in optAesite directions shall pass each
other to the right, each giving to the other at least one-
I:Alf of the main traveled portion of roadway as nearly as
,.)o Ssible.
-10-
SECTION 52. FOLLOWING TOO CLOSELY. (a) The operator of a
motor vehicle shall not follow another vehicle
more closely than is reasonable and prudent, having due re-
gard tc the speed of such vehicles and tho traffic upon and
condition of the highway.
SECTION`T 51. SIGNALS ON STARTING OR TURNING. (a). The oper-
ator of any vehicle upon a highway bbforc start-
ing, stopping -r turning from a direct lino shall first see
that such movement can bo made in safety, and, if any pedes-
trian may be affected by such movement, shall give a clearly
audible signal by sounding tho horn, and, whenever the opera-
tion of any other vehicle may be affcctod by such movement,
shall give a signal as required in this section plainly vis-
ible to the driver f such other vehicle of tho intention to
make such movement.
(b) The signal herein required shall be given
either by means of the hand and arm in the manner heroin
specified, or bv an r tpprovod mechanical or electrical signal
device, except that when a vehicle is so constructed or load-
ed as to prevent the hand and arm signal from being visible
both t(. tho front and rear the signal shall be given by a do -
vice of a type which has boon approved by the State Depart-
ment of Motcr Vehicles.
Whenever tho signal is given by means of tho
hand and arm, the driver shall indicate his intention to start,
stop, or turn by extonc 'ing the hand and arm horizontally from
and beyond the left side of the vehicle.
SECTION RIGHT OF WAY. Subject to the exceptions stated
in the next succeeding section, and except as
otherwise designated by traffic signs or signals, the right
of way rule as between vehicles at intersections is hereby
declared as follows:
(a) Tho operator of a vehicle approaching an
intersection shall yield tho right of way to a vehicle which
has entered the intersection.
(b) When t n vehicles approach or enter an in-
tersection at the same time, or at approximately tho same
time, the operator of the vehicle on the loft shall yield
tho right of way to the vehicl.o on the right.
(c) The operator of any vehicle traveling at
an unlawful speed shall forfeit any right of way which he
might otherwise have hereunder.
SECTION 55. EXCEPTIONS TO RIGHT OF WAY RULE. (a) The opor-
ator of a vehicle entering a public street from
a private road or drivo shall yield the right of way to all
vehicles approaching on such public highway.
(b) Tho operator of a vehicle on a street shal..
yield the right of way to authorized timer goncy • vehicles when
the latter aro operated upon official business and the oper-
ators
pereators thereof sound audible signal by boll, siren or exhaust
whistle. This provision shall not relieve the operator of
an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the street,
nor shall it protect the operator of any such vehicle from t':
consequence oaf an arbitrary exorcise of such right of way.
SECTION 56. DUTY TO STOP IN EVENT OF ACCIDENT. The driver
of any vehicle involved in an accident rosultin:
-11-
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PROHIBITED NOISES
SECTION 62. The following noises and othor noises of the
AMEND- same characteristics, intensity md/or annoyance
MENT shall be prohibited at all times and at all places within
#541 tho limits of the City of Miami Beach.
1. The sounding of any horn or signal device rn automobiles,
mrtercycles, buses rr ether vehicles while not in motion,
except as a danger signal if another vehicle is approach-
ing apparently out of control, or if in motion, only as a
danger sinal after, or as brakes are being Q.pnlied and
deceleration of the vehicle is intended; the creation by
means of any such si,7nal device of any unreasonable long
or harsh sound; and the sounding of my such device for
an unnocossary md unreasonable period of time.
2. The use of any automobile, motorcycle or vehicle so out
of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grindin7, rattling or other
noises.
3. The creation of any excessive noise on any street adjacent
to any school, institution of learning or ccurt while the
same are in session, er adjacent to any hospital, which
reasonably interferes with the working of such institution,
provided conspicuous signs are displayed in .such street,
indicatin that the same is a school, hnspital or court
street.
TRAFFIC BUREAU
SECTION 63. For efficiency f operation and for convenience
bEND- of ,ffen(lors and -fficors ef the City of Miami
TENTS Beach, thero is hereby established under the control and opera -
#541 tin of the Police Department of said City, a Traffic Bureau.
AND
#591 Any person who violates any provision of Ordinance No. 258
of the City of Miami Beach, except Section )+9 thereof, may be
served with a summons to personally appear at the Police
Station of said City.
SECTION 64. Any person receiving a summons as provided here-
AMEND- in is required to appear in person at the Police
=NT Station not later than the timc specified thereon. Upon appear -
#541 ing at the Police Station, the offender may plead guilty to the
charge and pay a fine according to the scale of penalties fixed
in Section 69 hereof, upon payment of which the offender shall
be issued a receipt duly signed by a Clark of said Police De-
partment. In the event the offender pleads not guilty to the
charge preferred in the summons or wishes a trial, the case
shall be referred t- the Hunicipal Court of said City upon tho
usual bond, for trial and disposition in the usual manner.
Acceptance of the fine prescribed herein by the Police Depart-
ment shall be deemed a cnmplote satisfaction and release for
the violation named in said summons. An official City reesel'
shall be issued for each fine paid.
SECTION 65. The form of the summons herein provided fqr sh-!
centain: the wnrd summons; each summons to b,
numbered; a notice to appear at the Pnlice Station within
specified time; tho name, sox, color, and address, of the )r
son to -whom the summons is issued; the date and time on
the offense occurr31; the location of the offense; a statemer
of the act or acts constituting tho offense; the signature of
the issuing cfficer; ,dace for signature, waiver and plea of
the person tc whom the summons is issued, waiving a hearini7, in
Municipal Court; the make and license number of the vehicle
used; the driver's license number of the driver if known; the
date the summons is issued; and such other information as may
be deemed necessary. The summons is to be made in triplicate;
one copy to h. deliv-red to the person to whom issued or attach-
ed to the motor vehicle involved in said offense, the othertwo
copies for the use of the Police Department. A warrant may bo
issued for any norson who may fail to comply with the requiro-
ments of the sumnons.
LJEND-
MENT
#541
-13-
SECTION 660 (Amendment #541) When any person who
has been
served to appear at Police
� .1 VW'd with a summons, y ,.. c 1Zs the
Station within the time specified in said summons, which should
be not more than forty-eight (4.9) hours, a warrant for the
arrest of such person may be issued and executed, returnable
to the Municipalourt of said City to be disposed of in the
regular manner.
SECTIQ 6 0 (Amendment #541) In any violation of this Ordinance
as set forth herein, the "ity of T?iami Beach may
refuse to accept the payment of a fine under the terns and
provisions of Sections 64 and 65 hereof, and instead, require
the offender to appear in Municipal Court for trial.
SECTION 680 (Amendment #541) Any person who has been guilty
of three (3) or more violations of the provisions
of this Ordinance within the pracedi_n twelve months, shall not
be permitted to pay a fine to the Police Department but must
appear before the Municipal Court for trial of his offense, in
the regular manner at such time as may be specified.
SECTION ti� 9 � (Amendment ��� 849) Traffic offenses for which summons
��,
may be issued and penalties therefor accepted by
the Police Department from the person to whom such summons
shall have been issued, and the an ounts of such penalties shall
be as follows
1. For any offense as set forth in said Ordinance No. 258, ex-
cept Sections 49 and 50:
1st offense 0 0 O 0 0 0 0 0 0 0 0 0 e e . 1.G0
2nd off en.Sc . •. e e o e . e e a e e 3.00
2. Three (3) or more offenses, offenses involving intoxi-
cating liquors or narcotic drugs in connection with
driving of a vehicle, and cases of reckless driving as
described in Section 50 (a) hereof, shall be referred
to the Municipal . ourt for disposition in the regular
manner.
3. For the offense as set forth in. Section 50 (b) hereof
1st offense o c . e o o . e o 0 0 0 v . e 10.00
2nd and subsequent offenses shall be referred to the
Municipal Court for disposition.
SECTION 70: PENALTIES .AND PROCEDJR':E ON ARREST. Any person who
shall violate or fa. i. to comply with any of the
provisions of this ordinance shall be punished hj a fine of
not less than five 05.00) dollars nor. -lore than two hundred
('200.00) Dollars, or be imprisoned for not more than ninety
(90) days, or both, in the discretion of the Court.
SECTION EFFECT OF ORDINANCE. If any section or sub-
section, sentence, clause or phrase of this Ordi-
nance is for any reason held to be unconstitutional, such
decision shall not affect the validity of theremaining
portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each section, sub
section, sentence, clause and phrase thereof, irrespective of
the fact that any one or ,lore section, subsections, sentences,
clauses or phrases be declared unconstitutional.
SECTION 72: REPEAL ORDINANCES NOS. 98 104, 161, 173, 174,
175, 181, 165, 207 and 218, and all other ordi-
nances or parts of ordinarces in conflict herewith or incon-
sistent with the provisions of this Ordinance are hereby re-
ealed, except that this repeal shall not affect or prevont
the prosecution or punishmont of any person for any act done or
-14-
committed in violation of any ordinance hereby repealed prior
to the taking effect of thi Ordinnce.
PASSED and ADOPTED this 15th day of ugut A. ] 1928.
(ILELP(1, ) Henning
President or City Council
Pro -tem
ATTEST
C. W. TOMLINSON, City Clerk
By:(signed) D. J
Deputy City Cirk
(SEAL)
APPROVED by me this 15th day of August, 1928.
(z1)_i N. Lummoc; Jr
Mayor
1st reading - 8/3/2g
2n1 reading - 3/3/28
3rd reading - 8/15/28
POSTED - 8/17/48
Amended by:
.24
Ordinance , 511 - passed and adopted 5/4/38
# 541 passed and adopted 2/1/39
# 570 - passed and adopted 12/20/39
7 5?59]..- passed and adopted 1/2/41
.4L, 842 - passed and adopted 5/5/48
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