Ordinance 476`, ".,r.-�r— •
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; o�z�.�rrcE No. �-76
(Repealed—See �rd.�97ii
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`� AN ORDII�ANC� flF TH.� CITY COU�TCIL. OF '�HE �
CI1Y OF' ��1.I.A1'�I BEACH, FLORIDA, P�.OHIBITING '
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�� T HE OPE��AT I ON 4F C r�TAIN i��I,AC HIN�RY AND '
!� EN�AGIi�G IN BtJILDING AND GONS�'RUCTION
'� OPErtA.`�IONS DURING C�TAIN �ION`�HS OF THE �
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;,� YEAR, p.N� PROVIDIN� PENALTS�S FOR THE 3
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�� �'�HFR.r�AS, the City of l�iarni Bea.ch, Florida, is
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;� primarily a Winter Resort containing up�ards of' one hundred fifty
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'� ho�els, �.nd fi�re hunc�red t�venty-five apartment houses, most of ';
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E; �rhich are occu�ied by �int�r tourists seeking rest, �.nd recreation,
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` conv�.lescents aynd other persons in ill �iealth seeking recovery ,
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during the few months of t�ie year eommonly termed the Winter
Season; and •
WHEREAS, the property owners and t��ayers of
City derive their principal income and revenue from said ti�inter
visitors amounting to many millions of dollars annually; �.nd
said :
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�) �VHEREAS, THE OPeration of eertain types of ;
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�� machinery and building operations generally, cr:.��te offensive noise�,
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.� odor�, disturb�.nces a,nd conditions �ener��lly obnoxious to those '
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�' seeking rest, recreation, and recovery frorn illness, thereby
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�' greatly reducing the income,
revenue and market val�.e of hotel �
and apa.rtment property affectec�� thereby; and
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WHEREAS dny such operations can conveniently be �
4� made during the remai�.der of the ye�r in dccordance with the l�ng �
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;, est�:blished policy of said municipality and its inhabitants; ;
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� N'� �'�, TH�'REFOR.�, BE I� 0� DAI�TE� FY THE C ITY C OUNC IL j
'� OF T� CITY 0�' IUIIAT!�I �EACH, FLO�ID1�_: �
It shall be un�awful to operate or cause to be
SECTIOlV -l: operated �vithin the cor�orate limits of the City
of �iiami Beach, Florid�., withi�� one hundred
f eet ( 100' ) of any building oceu�ied as a hotel or apartment
3' as definec�. in Ordin�.nce No. �89, being the Zoning Ordinance of the
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`' City of lliiia�i Be�.ch, any dredge, pile driver�, riveting m�.chine,
; mechanical sa�', or other like maehinery, or to engage in Q,ny
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�: building or construction oper�.tions creatin� noise, vibration,
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;' dust or smoke, during that period of the yea.r commencing December
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;: 15th and ending T�arch 15th f'���ing, exc ept ing only mir�-. r�..�pairs
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and bui.ldin�s under construction at the time of the adoption of
thi s ordinanc e .
�j �ach ciay� s�rio.lation of this ordin�.nce shall
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!! SECTION 2: constitute a sep�.r�ate oz"fense.
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�� Any person, firin or corporation, Qic�,ting this '
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�; SECTION 3: ordinance shall be punished by a fine not exceeding
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j; 4ne Hunared Dollax�s (�100.�0) or imprisonment in '
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�� the City Jail not exeeedin� th�rty ( 30) days, or both in the
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� aiscretion of the Court .
' All ordin�ces and parts of ordinances on conflict
, SECTION 4: herewith axe hereby repealed.
� This ordin�.nce is h r b d el y d
.n e e y e a, e t o b e an
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SE TION 5. emergency measure on �Ghe grouna of urgent public ,
`� need for the preserv�,tion of peace, health,
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. safety G..nd property, �.nd shall become effective from its passage
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:- a.nd a��roval of such.
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° PASSED A_ND ADOP�ED this l�h day of January,
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i' �j resid.ent City Council �
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�?Attest�:
_ ��=�-..,.
ity Clerk
APPROVED by me this l�.th day of Janu�,ry, A. D.193? .
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(� I'�Ai�OR w
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January 11, 1937.
Janu�,ry 11, 1937.
January 11, 1937.
January 12, 1937.
� lst re�,aing;
"'2nd rPddin�:
� 3r°d r'eadirig:
;Posted:
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STATE OF FL4RIDA )
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COUNTY OF DADE )
I, C. �i. TOMLINSON, City Clerk ir� and for
the City of Miarni Beach, Florida, do hereby certify that
Ordinance No. 476 entitl�d �AN �RDINANCE OF THE CITY COUNCIL
OF THE CITY OF �IAI�I BEACH, FLORIDA, PROHIBITING THE OPER-
ATI4�i OF CERTAIN MACHINERY AA1D ENE�AGING IN BUILDING AN� CON..
STRUCTION OPERATION3 DURING CERTAIN �OA1T�i3 OF THE YEAR, AND
PROViDING PENALTIE� FOR THE VI4LA�ION THEREOF�, having been
passed ar�d adopted by the City Council of the Ci�� of Miami
Beach, �'lorida, has been poete8 by me in three conapicuou8
places in the City of Miami 8each, ane of which was at the
door of the City Hall in said Cit� on the 12th da� of Januar�y,
A. D., 1937, and tha� 8aid ordinar�ee remained posted for a
period oP at least thirty da�e in accordance �rith the require-
ments oi' the City Charter of the eaid City of �iami Beach.
IN �ITNE�S �fiEREOF I have here�nto set my
hand and aPfixed the official seal of the �ity of' �iami Beach,
Florida, on thi8 the 15th day of February, A. D., 1937.
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City Clerk
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