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Ordinance 616 1 t ORDINANCE NO. 616 .._-- ; / AN ORDINANCE REGULATING AND PROVIDING FOR OCCUPATIONAL LICENSES FOR THE BUSINESS OF THE OPERATION OF CHARTER, SIGHTSEEING, EXCURSION BOATS OR OTHER COMMERCIAL CRAFT CARRYING PASSENGERS FOR HIRE OR CHARTER PARTIES AND LICENSES FOR THE OPERATION OF DOCKS, BULKHEADS, MOORINGS OR OTHER MEANS OF SECURING BOATS TO THE SHORE LINE IN THE CITY OF MIAMI BEACH; PROVIDING THAT IT SHALL BE UNLAW- FUL TO OPERATE ANY SUCH BOAT UNLESS THE SAME IS OPERATED BY AN OPERATOR WHO HAS OBTAINED A PERMIT FOR THE OPERATION THEREOF, FROM A BOARD OF MARINE INSPECTION PROVIDED FOR HEREIN; PRESCRIBING THE DUTIES AND POWERS OF SAID BOARD OF MARINE IN- SPECTION AND THE QUALIFICATIONS AND CONDITIONS NECESSARY TO BE COMPLIED WITH BEFORE SAID PERMIT SHALL ISSUE; DIRECTING AND AUTHORIZING SAID BOARD TO MAKE RULES AND REGULATIONS IN REGARD TO ThE INSPECTION AND OPERATION OF SAID DOCKING FACILITIES AND BOATS AND FOR THE EXAMINATION OF SAID OPERATORS; PROVIDING A PENALTY FOR THE VIOLATION OF ANY PROVISION OF THIS ORDINANCE, OA OF ANY RULE OR REGULATION PROMULGATED B'-�1 SAID BOARD; PROVIDING FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITh IN WHOLE OR IN PART. BE IT ORDAINED BY THE CITY COUNCIL OF ThE CITY OF %iIAMI BEACH, FLORIDA SECTION 1. There is hereby created a Board of Marine Inspection here- inafter referred to as the Board, which Board shall con- sist of three members who shall be appointed by the City Manager by and with the consent of the City Council, and who shall serve at the pleasure of the City Council. The members of the Board shall be persons who have resided in the City of Miami Beach, Florida, for more than one year preceding their appointment , and who have had previous experience in the operation of and/or inspection of marine vessels, and who have had experience in the various types of boat activities, including fishing, in the waters adjacent to the harbors of Miami Beach, Florida. The duties of the Board shall be as pre- scribed by this Ordinance and as directed by the City Manager of the City of Miami Beach, Florida, and the Board members shall serve with- out compensation. Vacancies in the membership of the Board shall be filled by appointments of the City Mana ;er, by and with the consent of the City Council. SECTION 2. The Board is hereby empowered to receive applications for licenses and permits required under the terms of this Ordinance; to conduct examinations as to the qualifications of the applicants for permits; to supervise the inspection of the various boats and docks to be licensed hereunder; to promulgate and enforce reasonable rules and regulations in regard to the inspection and operation of the docking facilities and boats to be so licensed, for the preservation of public safety, health and welfare, and for the examination and conduct of those operating under said permits; which said rules and regulations shall be enforceable under the terms of this Ordinance. SECTION 3. The Board shall conduct examinations of applicants for permits to operate boats under the terms of this Ordinance, regularly on the first Monday in January, April, July and October, of each year, provided, however, that the Board may hold such additional examinations as they shall deem necessary. SECTION 4. On and after the passage of this Ordinance, it shall be unlawful for any person, firm or corporation to operate a charter, sightseeing, excursion boat or other commercial craft -1- r s r carrying passengers for hire or charter parties, in or from the City of Miami Beach, Florida, unless the same is operated by an operator who shall have first obtained andposted in a conspicuous place on said boat his City of Miami Beach permit for operation thereof. Any person seeking such a permit shall make application on a form to be provided by the City Clerk, which application shall be sworn to before the City Clerk or one of his deputies. No permit shall be granted unless the applicant shall have had at least one year' s experience on a boat operating in the waters of Miami Beach Harbor, and waters adjacent thereto, under an operator licensed under the jurisdiction of the United States of America, for the operation of such boat ; and who has successfully passed the examination of the Board herein provided for, in regard to his knowledge of the local waters, of operation of the class of boats for the operation of which he seeks a permit , and/or of the methods of fishing in local and adjacent waters. Such applicant must also hold a permit or license from the UnAted States Government , allowing him to operate ti.� 1 the class of boa Hie seeks to operate , and the applicant must furnish proof satisfactory to the said Board that he has been finger-printed and identified by the Bureau of Identification of the Police Division of the City of Miami Beach, Florida, and that no criminal record has been shown to appear against him, and shall satisfy the Board that he is a fit person, morally and physically, to operate said boat. Upon the applicant complying with the above provisions , and success- fully passing the examination pl'ovided for, he shall be granted the permit without payment of any fee. SECTION 5. On and after passage of this Ordinance, it shall be un- lawful for any person, firm or corporation to maintain and/or operate any dock, bulkhead, mooring or other means of securing a boat to the shore line in the City of Miami Beach, Florida, for the mooring or other means of securing any commercial craft carrying passengers for hire , or charter partials in or from the City of Miami Beach, unless the owner or operator of said dock, bulkhead, mooring or place of securing such boats has first secured a license for the operation t._ereof, from the City Clerk, and has paid to said City Clerk a license fee of $25. 00. Any person seeking such a license shall make application therefor on a form to be provided by the City Clerk, which applicatioi shall be sworn to before the City Clerk or one of his deputies. The City Clerk shall thereupon refer the application to the Board, who, after an inspection of the premises and recommendations by the City Boat Inspector, approval of the Chief Building Inspector as to the sufficiency of any structure and as to compliance with. Zoning re- quirements, and the approval of the Fire Chief as to fire hazards and required fire protective devices, shall determine if said premises are proper for such. use. If the Board shall determine that said premises are proper for such use, they shall approve said application; whereupon the license shall be issued by the City Clerk upon payment of the license fee. If the Board shall find that said premises are improper for such purpose, then the Board shall notify the applicant in writing of such improper conditions, describing and identifying the same, and no license shall be issued until such time as it shall be determined that the improper conditions have been. remedied. SECTION 6. On and after the passage of this Ordinance , it shall be unlawful for any person, firm or corporation to conduct the business of operating any charter, sightseeing, excursion boat or other commercial craft carrying passeners for hire or charter parties in or from the City of Miami Beach, Florida, unless such person, firm or corporation has first secured an occupational license therefor froe. the City Clerk. The amount of said occupational license shall be fixed by the City Council, by ordinance. Any person seeking such occupational license shall make application therefor on a form to be provided by the City Clerk, which application is to be sworn to by the applicant before the City Clerk, or one of his deputies. The City Clerk shall thereupon refer the application to the Board, who, after an inspection of the boat by the City Boat Inspector to determine whether or not it is • seaworthy and safe, is properly equipped and is properly provided with docking facilities for the contemplated business, and after approval of the Fire Chief, shall decide if said boat is proper for such use, If the Board shall decide that such boat is proper for such use , they shall approve said application; whereupon the license shall be issued by the City Clerk, upon payment of the occupational license fee. If the Board shall find that said boat is improper for such purpose, then the Board shall notify the applicant in writing of such improper conditions, describing and identifying the same, and no license shall be issued until such time as it shall be determined that the improper conditions have been remedied. SECTION 7. It shall be unlawful for any person, firm or corporation to maintain or allow to exist on any boat or any dock, bulkhead, mooring or other means of securing a vessel licensed under the provisions of this Ordinance, any condition or thing dangerous or hazardous to the general public, the passengers or charter parties of any boat , or the occupants of any such docking facility, or to the operator and the crew of said boats. SECTION 8. It shall be unlawful for any boat to embark or disembark any passengers, and/or charter parties within the limits of the City of Miami Beach, except at a dock duly licensed under this Ordinance, except in an emergency. SECTION 9. Licenses and permits provided for in this Ordinance shall expire on the 31st day of October following the date of the issuance thereof. The holder of a permit issued under Section 4 of this Ordinance, however, may obtain a renewal thereof without further examination, upon his satisfying the Board that he is still a fit person, morally and physically, to holdsuch permit , provided, however, that proof satisfactory to the Board that the holder of the permit has been convicted of a violation of any ordinance of the City of Miami Beach, any statute of the State of Florida, or any of the statutes, rules or regulations of the United States of America shall be grounds in the discretion of the Board for refusal to reissue or renew said permit for the next ensuing license year. SECTION 10. Any permit or license issued pursuant to the provisions of this Ordinance may at any time be either suspended or revoked, at the discretion of the Board, upon presentation of evidence, satisfactory to the Board, of violations of this Ordinance, or of the rules and regulations issued hereunder. Any person whose application has been denied or whose license or permit has been suspended or revoked may appeal from the decision of the Board to the City Council, who after a review of the evidence submitted, may either uphold or reverse the decision of the Board. SECTION 11. It shall be unlawful for any person, firm or corporation to employ in or about the operation of the docking facilities, boats and occupations licensed or permitted under this ordinance, any person who has not , previous to his employment at his own expense, been finger-printed, photographed and identified by the Bureau of identification of the Police Department of the City of Miami Beach, Florida. SECTION 12. Ordinance No. 364 and all ordinances or parts of ordinances in conflict with any of the terms and pro- visions of this ordinance, are hereby repealed. SECTION 13. Should any part of this o dinance be , for any reason, declared unconstitutional, void or unenforceable, this shall have no affect upon the remaining parts or portions hereof, and the remaining parts or portions hereof shall be construed to have been passed, as though the unconstitutional, void or unenforceable parts hereof had not been originally passed. SECTION 14. PENALTY FOR VIOLATION. Any person who violates any of the provisions of this ordinance, or any rule or regulation promulgated by the Board of Marine Inspectors, under the _3_ authority hereof, upon conviction in the Municipal Court of the said ` City of Miami Beach shall be punished by a fine not exceeding the sum of Two Hundred Dollars, or by imprisonment in the City Jail of said Miami Beach, Florida, for a period not exceeding 60 days, or by both such fine and imprisonment . Upon said conviction, the Judge of said Municipal Court shall have the power to revoke any permit heretofore granted to any defendant under the terms of this ordinance, as an additional penalty for said violation, if, in his discretion, such action seems proper. Such revocation may be permanent or temporary, within the discretion of said Judge. SECTION 15. This ordinance shall become affective upon its passage and posting in accordance with law. PASSED AND ADOPTED this 10th day of November, A. D. , 1941. rayor Attest : ity lerk 1st reading, October 22nd, 1941. 2nd reading, October 22nd, 1941. 3rd reading, November 10th, 1941. Posted - November 15th, 1941. 4 4 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. 616 entitled, "AN ORDINANCE REGULATING AND PROVIDING FOR OCCUPATIONAL LICENSES FOR THE BUSINESS OF THE OPERATION OF CriARTER, SIGHTSEEING, EXCURSION BOATS OR OTHER COMMERCIAL CRAFT CARRYING PASSENGERS FOR HIRE OR CHARTER PARTIES AND LICENSES FOR THE OPERATION OF DOCKS, BULKHEADS, MOORINGS Oh OTHER MEANS OF SECURING BOATS TO THE SHORE LINE IN THE CITY OF MIAMI BEACH; PROVIDING THAT IT SHALL BE UNLAW- FUL TO OPERATE ANY SUCH BOAT UNLESS THE SAME IS OPERATED BY AN OPERATOR WHO HAS OBTAINED A PERMIT FOR THE OPERATION THEREOF, FROM A BOARD OF MARINE INSPECTION PROVIDED FOR HERE- IN; PRESCRIBING THE DUTIES AND POWERS OF SAID BOARD OF MARINE INSPECTION AND THE QUALIFICATIONS AND CONDITIONS NECESSARY TO BE COMPLIED WITH BEFORE SAID PERMIT SHALL ISSUE; DIRECTING AND AUTHORIZING SAID BOARD TO MAKE RULES AND REGULATIONS IN REGARD TO THE INSPECTION AND OPERATION OF SAID DOCKING FACILITIES AND BOATS AND FOR THE EXAMINATION OF SAID OPERATORS; PROVIDING A PENALTY FOR THE VIOLATION OF ANY PROVISION OF THIS ORDINANCE, OR OF ANY RULE OR REGULATION PROMULGATED BY SAID BOARD; PROVIDING FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH IN WHOLE OR IN PART" , havinE 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 15th day of November, A. D. , 1941, 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 3rd day of January, A. D. , 1942. City Clerk k.,,t ♦ >r 11, c4 H • 0 W O M M •