Ordinance 664 ORDINANCE NO. 664
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, TO FURTHER PROTECTION OF THE
PORT AND PORT FACILITIES IN SAID CITY;
DECLARING THIS ORDINANCE TO BE AN EMER-
GENCY MEASURE.
WHEREAS, it has been determined that there exists serious
and imminent danger of sabotage to the docks, water front prop-
erties and water front facilities, oil terminals and storage tanks
in the City of Miami Beach; and
WHEREAS, it has been determined that further protection should
be provided for said properties,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA :
SECTION 1. It shall be unlawful to smoke, carry or possess
a lighted cigar, cigarette, pipe or match, or to
light, or to carry, or possess when lighted, any device commonly
known as a lighter., upon any bulkhead, dock, pier, wharf, oil ter-
minal, water front property or water front facility, or within any
buildings and appurtenances in the areas hereinafter set forth and
described in the City of Miami Beach, Florida, provided, however,
that smoking may be permitted within the administrative offices of
any Company located within the areas hereinafter described and
within such other places as shall be designated by the owner or
person in control of such property located in said areas. It shall
be the duty of the owner or person in control of said properties
to post a sign, or signs, in a conspicuous place, or places, desig-
nating the location within which smoking may be indulged, provided,
however, that should the said owner or person in control of said
property designate a place for smoking, which in the opinion of the
Chief of the Fire Department, or the Chief of the Police Department
of the City of Miami Beach, Florida, shall constitute a fire hazard,
immediately upon notice) from said Chief, or Chiefs, that such is
his or their opinion., said owner or person in charge shall desig-
nate such area so Indicated by said Chief, or Chiefs, as "no smok-
ing" area.
SECTION 2. It shall be unlawful to smoke, carry or possess
a J.ighted cigar, cigarette, pipe or match, or
to light, or to carry, or possess when lighted, any device common-
2y known as a lighter, on board any ship, lighter, scow, or any
floating craft or equipment, while such be berthed, or moored, at
a dock, wharf, pier, or the snore line, or to a vessel made fast
thereto, within the areas defined in this ordinance, provided, how-
ever, that places may be provided by the Master or other person in
control of the above described craft, wherein smoking may be per-
mitted. The Master or person in control of any of said craft, upon
designating areas or places thereon where smoking may be permitted,
?hall cause signs to be posted in conspicuous places indicating
that smoking is permitted only in such places as have been fixed
by such Master or person having control thereof.
SECTION 3. It shall be unlawful for any person or persons to
enter upon any water front property, or water
front facility, or oil terminal, in the City of Miami Beach, Florida,
unless such person or persons are employed regularly, or temporarily,
by a person, firm or corporation engaged in a water front activity,
or unless such person or persons has a particular business to trans-
act with a person, firm or corporation engaged in a water front
activity, within the area hereinafter described. Any person or
persons found within such area hereinafter described shall, upon
request of any person in authority, or having the right to make
such request, identify himself as having business within the area
hereinafter described, and such identification may be verified by
any person, firm or corporation doing business within such area,
or by proper identification card supplied by the employer of any
such person, or persons, or supplied by the Captain of the Port of
the Greater Miami area.
SECTION 4. It shall be unlawful for any person to carry or
have in their possession within the area herein-
after described, a camera or other device for taking pictures, or
to take pictures, photographs of, or map any object, including
person, within the area hereinafter designated and described ex-
cept upon permission given by the proper official of the United
States of America having authority and control of said areas.
SECTION 5. It shall be unlawful for any person or persons
to park any vehicle on the streets, alleys, or
public property or ways of the City of Miami Beach, Florida, within
200 feet air line of any tank above the surface of the gi^ound, hav-
ing a capacity of over One Thousand (1000) gallons and used for the
storage of petroleum products of any kind; provided, however, that
this ordinance shall not apply to bona fide employees of any person,
firm or corporation operating a business connected with said stor-
age tanks, or bona fide visitors engaged in transacting business
with such person, firm or corporation, or any person who is a bona
fide resident living; within the areas hereinafter described or the
200 foot air line area surrounding such described areas . The Chief
of Police of the City of M4ami Beach, Florida, upon request may
designate parking areas within the described areas and within the
200 foot area surrounding such areas, wherein vehicles may be parked.
SECTION 6. It s .alp. be unlawful to loiter within the areas
hereinafter described and designated, or to enter
oe remain therein, except for business purposes.
SECTION 7. This Ordinance shall apply to the following des-
cribed areas in the City of Miami Beach, Florida,
to-wit :
(a) All of Block. Fifteen (15) , ISLAND .VIEW S(TBDIVISION, and
Block 15-A; T LAvD VIE7.ADDITION, according to Plats
thereof, recorded in Plat Book 6, at Page 115, and Plat
Book 9, at Page 1.44, respectively, of the Public Records
of Dade County; Florida, and all bulkheads, docks, piers
and wharves appurtenant and adjacent thereto, and all
waters within ;Selenty-five (75) feet thereof.
(b) All of Block free Hundred Eleven (111) of Ocean Beach
Addition Not.. 3 according to the Plat thereof, recorded
in Plat Bcolkat Page 81, of the Public Records of Dade
County, Florida, and all bulkheads, docks, piers and
wharves appurtenant and adjacent thereto, and all waters
within Sev •nty-five (75) feet thereof.
(c) All of that certain Island located on the South side of
McArthur Ceureway and adjacent thereto, known as CAUSE-
WAY TERMINAL ISLAND, and all bulkheads, docks, piers and
wharves appurtenant and adjacent thereto, and all waters
within Seventy-five (75) feet thereof.
(d) All of that portion of Peninsular Terminal Company' s
Island lying North of Peninsular Terminal Company' s
Commercial Subdivision of Harbor Terminal, according to
the Plat thereof, recorded in Plat Book 23, at Page 67,
of the Public Records of Dade County, Florida, and all
bulkheads, docks, piers and wharves appurtenant and ad-
jacent thereto, and all waters within Seventy-five (75)
feet thereof.
SECTION 8. The words "waterfront facility" as used in this
ordinance shall include and mean any dock, wharf,
wtrehouse, plant, building, shipyard, oil terminal, or other prop-
erty comprehended by the term waterfront property and which is used
for business purposes, and shall include any water craft moored
to the shore lines of the waters bounding the described areas.
SECTION 9. The provision of this ordinance, with the excep-
tion of Sections 1 and 2, shall not be held to
apply to any members of the Armed Forces of the United States of
America, or to any law enforcement officers, in uniform, who ars
carrying appropriate identification carde, or any law enforcement
officers, not in uniform, but wearing or carrying appropriate badges
of the law enforcement department of which they are a member.
.2.
SECTION 10. Any person, firm, or corporation upon being con-
victed of a violation of any of the provisions
of this ordinance in the Municipal Court of the City of Miami
Beach, Florida, shall be subject to a fine not exceeding X1,000.00,
or imprisonment, not exceeding ninety (90) days, or by both fine
and imprisonment, in the discretion of the Trial Judge.
SECTION 11. This ordinance shall be deemed and held to be
cumulative and not to repeal any of the existing;
ordinances of the City of Miami Beach, Florida, having a similar
subject matter. '
SECTION 12. Should any section, paragraph, sentence, clause,
or phrase of this ordinance be declared uncon-
stitutional or invalid for any reason, the remainder of said ordi-
nance shall not be affected thereby.
SECTION 13. WHEREAS, the welfare of the City of Miami Beach
is in peril, this ordinance is hereby declared
to be an emergency measure and shall go into effect immediately
upon its adoption.
PASSED AND ADOPTED this 5th day of August, A. D., 1942.
lift. 0 14WWWINftt. / '
Acting Mayor
ATTEST:
_ P-O12,2 .„7e-
rcel-i---t--
Deputy Clerk v
1st Reading - August 5th, 1942.
2nd Reading - August 5th, 1942.
3rd Reading - August 5th, 1942.
Posted - August 6th, 1942.
STATE OF FLORIDA)
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and
for the City of Miami Beach, do hereby certify that
Ordinance No. 664 entitled "AN ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA, TO FURTHER PROTECTION OF THE PORT
AND PORT FACILITIES IN SAID CITY; DECLARING THIS ORDINANCE
TO BE AN EMERGENCY MEASURE" , 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
of said City on the 6th day of August, A. D. , 1942 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 4th day of November, A. D. , 1942.
ity Clerk. ���=
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