Ordinance 469ORDINANCE NO. 469
AN ORDINANCE OF THE CITY CnUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, PROHIBIT-
ING THE OPERATION OF CERTAIN MACHINERY
AND ENGAGING IN BUILDING AND CONSTRUE -
TION OPERATIONS DURING CERTAIN MONTHS OF
THE YEAR, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF.
WHEREAS the City of Miami Beach, Florida, is primarily
a Winter Resort containing upwards of one hundred fifty hotels,
five hundred twenty-five apartment houses, and approximately
two thousand three hundred fifty residences, most of which are
occupied by winter tourists seeking rest, andrecreation, con-
valescents and other persons in ill health seeking recovery
during the few months of the year commonly termed the Winter
Season; and
WHEREAS, the property owners and taxpayers of said City
derive their principal income and revenue from said winter
visitors amounting to many millions of dollars annually; and
WHEREAS, the operation of certain types of machinery and
building operations generally, create offensive noises, odors,
disturbances and conditions generally obnoxious to those see-
ing rest, recreation and recovery from illness, thereby greatly
reducing the income, revenue and market value of residential
property affected thereby; and
WHEREAS any such operations can conveniently be made dur-
ing the remainder of the year in accordance with the long est-
ablished policy of said municipality and its inhabitants;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: It shall be unlawful to overate or cause to be
operated within the corporate limits of the City
of Miami Beach, Florida, within one hundred (100) feet of any
property occupied or used for residential purpr)ses, any dredge,
pile driver, riveting machine or other like machinery, or to
engage in any building or construction operations during that
period of the year commencing December 15th and ending March
15th, following, exceptin7 only the making of minor repairs to
existing buildings and other structures when made without noise,
vibration, dust or smoke, and excepting also, buildings under
construction at the time of the passage of this ordinance.
SECTION 2. Each day's violation of this ordinance shall
constitute a separate offense.
SECTION 3. Any person, firm or corporation, violating this
ordinance shall be punished by a fine not exccding
One Hundred Dollars 0100.00) or imprisonment in the City Jail
not exceeding thirty (30) days, or both in the discretion of
the Court.
SECTION 4. All ordinances and parts of ordinances in conflict
herewith arc hereby repealed.
SECTIO .5 This ord.in• nr - . is hereby declared to be an emer-
gency measure on the ground of urgent public need
for the preservation of peace, health, safety and property,
and shall become effective from its passage and approval as
such.
PASSED AND ADOPTED this 31st day of December, A. D., 1936.
ATTEST:
.1-7 C1,1-
president of 'City Council
City Clerk
APPROVED BY ME THIS 31st day of Dec ber, A. D., 1936.
1st Reading -
2nd Reading -
3rd Reading -
Posted -
December 31st, 1936.
December 31st, 1936.
December 31st, 1936.
January 1st, 1937.
ayor
•
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. 469 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, PROHIBITING THE OPERATION OF CERTAIN
MACHINERY AND ENGAGING IN BUILDING AND CONSTRUCTION OPERATIONS
DURING CERTAIN MONTHS OF THE YEAR, AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF", having been passed and adopted by the
City Council of the City of Miami Beach, Florida, has been posted
by me in three conspicuous places in the City of Miami Beach, one
of which was at the door of the City Hall in said City on the
1st day of January, A. D., 1937, and that said ordinance remained
posted for a period of at least thirty days in accordance with
the requirements of the City Charter of the said City of Miami
Beach.
IN WITNESS WHEREOF I have hereunto set my hand
and affixed the official seal of the City of Miami Beach, Florida,
on this the 4th day of February, A. D., 1937.
City Clerk
ORDINANCE NO. 469
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