Ordinance 1049 ORDINANCE NO. 1049
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
SUMMONSESANDWARRANTS OF ARREST FOR THE VIO-
LATION OF THE ORDINANCES OF THE CITY OF
MIAMI BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'k OF MIAMI BEACH,
FLORIDA: .
SECTION 1 : The Municipal Judge, or associate Municipal Judge, or
the City Clerk may issue warrants against persons charged
on oath with violating the ordinances of the City of Miami Beach,
Florida, and the said judge or judges may commit offenders to jail
or recognize them to appear before the Judge or Associate Judge of
the Municipal Court at a future time, or may discharge them from
custody, according to the circumstances of the case . When a com-
plaint is made to either of said judges or to the City Clerk that
an ordinance has been violated, he shall examine, on oath,the com-
plainant
or any witnesses he may produce .
SECTION 2: A warrant may be issued, for the arrest of the person
complained against, if the Judge or the Clerk, from the
examination of the complainant or the other witnesses, if any, has
reasonable ground to believe that any ordinance was violated and
that the person against whom the complaint was made, committed such
violation.
SECTION 3: The warrant of arrest shall:
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3 Command that the person against whom the complaint
was made be arrested and brought before one of the judges of the
Municipal Court;
(4) Specify the name of the person to be arrested or,
if his name is unknown to the officer issuing said warrant of arrest,
designate such person by any name or description by which he can be
identified with reasonable certainty;
State the date when issued;
6 Be signed by the officer issuing the warrant with
the title of his office; and
(7) Be endorsed with the amount of bail and the return
day.
SECTION 4: The warrant shall be directed to the Chief of Police and
shall be executed only by the Chief of Police or a duly
authorized Police Officer of said City. An arrest may be made on any
day and at any time of the day or night .
SECTION 5: A summons instead of a warrant of arrest shall be issued
unless the issuing officer has reasonable ground to be-
lieve that the person against whom the complaint was made will not
appear upon a summons, in which case he shall issue a warrant of
arrest .
SECTION 6: The summons shall set forth substantially the nature of
the offense, and shall command the person against whom the
complaint was made to appear before one of the judges of the Municipal
Court at a time and place stated therein.
SECTION 7: If the person fails to appear as commanded by the summons,
a warrant of arrest shall be issued. If .after issuing a
summons the issuing officer becomes satisfied that the person summoned
will not appear as commanded by the Summons he may at once issue a
warrant of arrest .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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SECTION 8: All ordinances or parts of ordinances in conflict here-
with excepting the Traffic Code of the City of Miami
Beach, Florida, be and the same are hereby repealed.
SECTION 9: This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 20th day of May, A• D. 1953 •
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Mayor
Attest:
City Clerk
1st reading - May 6, 1953
2nd reading - May 6, 1953
3rd reading - May 20, 1953
POSTED - May 20, 1953
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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.
1049, entitled: "AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
SUMMONSES AND WARRANTS OF ARREST FOR THE VIOLATION OF THE
ORDINANCES OF THE CITY OF MIAMI BEACH, FLORIDA" , 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 20th day of May, A. D. 1953,
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 1st day of July, A. D. 1953.
c jCity Clerk
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