Ordinance 815 ORDINANCE NO. 815
AN ORDINANCE AMENDING ORDINANCE NO. 540 OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED: "AN ORDINANCE RE-
LATING TO TRAFFIC AND REGULATING THE USE OF PUBLIC
STREETS AND HIGHWAYS IN THE CITY OF MIAMI BEACH,
FLORIDA; PRESCRIBING REGULATIONS RELATIVE TO THE
PARKING OF VEHICLES UPON SUCH PUBLIC STREETS AND
HIGHWAYS; PROVIDING FOR THE INSTALLATION, OPERATION,
MAINTENANCE, SUPERVISION, REGULATION AND CONTROL OF
THE USE OF PARKING METERS; DEFINING AND PROVIDING
FOR THE ESTABLISHMENT OF PARKING METER ZONES UPON
THE PUBLIC STREETS AND HIGHWAYS; PROVIDING FOR THE
PAYMENT THEREOF AND FOR SUPPLY PARTS THEREFOR EX-
CLUSIVELY FROM THE RECEIPTS OBTAINED FROM THE OPERA-
TION OF PARKING METERS; PROVIDING FOR THE ENFORCE-
MENT HEREOF; PROVIDING PENALTIES FOR THR VIOLATION
HEREOF".
BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Section 1 of Ordinance No. 51+0 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
"SECTION 1: For the purpose of this Ordinance:
(a) The word "Vehicle" shall mean any device in, upon or
by which any person or property is or may be transported
upon a highway, except a device which is operated upon
rails or tracks.
(b) The word "Street" shall mean any public street,
avenue, road, boulevard, highway, municipal public parking
area, or other public place located in the City of Miami
Beach and established for the use of vehicles.
(c) The word "Person" shall mean and include any individual,
firm, co-partnership, or corporation.
(d) The word "Operator" shall mean and include every indi-
vidual who shall operate a vehicle as herein defined.
SECTION 2: That Section 2 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"SECTION 2: The City Manager of said City is authorized and
directed to establish, as traffic conditions may require, zones
to be known as "parking meter zones", upon such streets in
the City of Miami Beach as he shall select for the location of
such zones, and to cause parking meters to be installed and
parking meter spaces to be designated as hereinafter provided,
and shall fix the time limitation for legal parking in such
zones and spaces. The City Manager, from time to time, may
add to, change or abandon said parking meter zones. In select-
ing, changing or abandoning said parking meter zones, the City Mana-
ger shall be guided and governed by location, amount of traffic,
the demand for parking space, the congestion of traffic, the
use of the street and any other traffic conditions which may
be existent."
SECTION 3: That Section 3 of Ordinance No. 51+0 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
- 1 -
"SECTION 3. The City Manager may provide for the installation,
regulation, control, operation and use of the parking meters
_provided for in this ordinance and to maintain said meters in
good workable condition and is hereby authorized and empowered
to enter into a contract or contracts for such protection and
maintenance of said parking meters as may be necessary to main-
tain the same in good operating condition and to pay for such
• protection and maintenance exclusively from the receipts, funds
and revenues received from the operation of said parking meters. "
SECTION 4: That Section 4 of Ordinance No. 540 of the City of Miami Beach,
Florida, be and the same is hereby amended to read as
follows:
"SECTION 4. Parking meters installed in the parking meter
zones and spaces established as provided in Section 2 hereof
shall be placed upon the curb immediately adjacent to the individual
parking spaces hereinafter described. Each parking meter shall be
placed or set in such manner as to show or display by a signal
that the parking space adjacent to such meter is or is not legally
in use. Each parking meter installed shall indicate by a proper
legend the legal parking time established by the City Manager,
and when operated shall indicate on and by its dial and pointer
the duration of the period of legal parking, and on the expiration
of such period, shall indicate illegal or over parking."
SECTION 5: That Section 7 of Ordinance No. 540 of the City of Miami Beach,
Florida, be and the same is hereby amended to read as
follows:
"SECTION 7: When any vehicle shall be parked in any space adjacent
to which a parking meter is located in accordance with the provisions,
of this ordinance, the operator of said vehicle shall, upon entering
the said parking space, immediately deposit, or cause to be de-
posited, in such parking meter, a coin of the United States, of a
denomination specified upon the face or back of such parking meter,
and failure to deposit such specified coin shall constitute a
breach of this ordinance and shall subject such operator to the
penalty hereinafter provided. Upon the deposit of such coin and
the placing of said meter in operation, the parking space may be
lawfully occupied by such vehicle during the period of parking
time which has been prescribed on such parking meter for the
specified denomination of coin deposited therein. If said vehicle
shall remain parked in any such parking space beyond the parking
time limit indicated for such parking space, or if the parking
meter shall, by its dial and pointer, indicate such illegal parking,
such vehicle shall then be considered as parked overtime and beyond
the periodof legal parking time, and the parking of a vehicle
overtime, or beyond the period of legal parking time, in any such part
of a street where any such meter is located, shall be a violation
of this ordinance and punished as hereinafter provided."
SECTION 6: That Section 8 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby deleted.
SECTION 7: That Section 9 of Ordinance No. 540 of the City of Miami Beach,
Florida, be and the same is hereby amended to read
as follows:
"SECTION 9: It shall be unlawful and a violation of the pro-
visions of this ordinance for any person to deposit or cause
to be deposited in a parking meter a coin, slug, device or any
object for the purpose of increasing or extending the parking
time of any vehicle beyond the legal parking time which has
been established for the parking space adjacent to which said
parking meter is placed."
SECTION 8: That Section 10 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby deleted.
SECTION 9: That Section 11 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
- 2 -
"SECTION 11. It shall be unlawful and a violation of the
- provisions of this ordinance to deposit or cause to be deposited
in any parking meter, any slug, device or metallic substitute for
a coin of the United States as specified on such parking meter."
SECTION 10: That Ordinance No. 540 of the City of Miami Beach, Florida,
be and the same is hereby amended by adding thereto, imme-
diately after Section 12 thereof, an additional section Numbered 122
to read as follows:
"SECTION 12f: It shall be unlawful for any person to park any
vehicle in any parking meter space for the purpose of advertising
or displaying the same for sale."
SECTION 11: That Sub-paragraph c. of Section 13 of Ordinance No. 540
of the City of Miami Beach, Florida, be and the same is
hereby amended to read as follows:
"c. The date and time at which such vehicle was seen or found
by him to be parked in violation of any of the provisions of this
ordinance."
SECTION 12: That Section 14 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
"SECTION 14: Every person who violates or fails to comply with
any of the provisions of this ordinance shall, for each such
violation or each such failure, upon conviction thereof, be
punishable by a fine not exceeding Fifty ($50.00) Dollars, or by
imprisonment not exceeding thirty (30) days, or by both such fine
and imprisonment in the discretion of the Municipal Judge."
SECTION 13: That Section 15 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby amended to
read as follows:
"SECTION 15. The coins required to be deposited in parking
meters as provided herein are hereby levied and assessed as
fees toTovide for the proper regulation and control of traffic
upon the public streets, and also the cost of supervising and
regulating the parking of vehicles in the parking meter zones
created hereby, and to cover the cost of the purchase, super-
vision, protection, inspection, installation, operation,
maintenance, control and use of the parking meters described
herein."
SECTION 14: That Section 18 of Ordinance No. 540 of the City of Miami
Beach, Florida, be and the same is hereby deleted.
SECTION 15: That this ordinance shall become effective immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 3rd day of September, A. D. , 1947.
/ / Mayor
ATTEST:
C. W. Tomlinson
C y C -r-
By ...0,.1 ►_ 1s4 I P- 00
1st rea•in: - Aug �t • , 1947
2nd reading - August 20, 1947
3rd reading - September 3, 1947
Posted - September 3, 1947
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. 815, entitled:
"AN ORDINANCE AMENDING ORDINANCE NO. 540 OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED: "AN ORDINANCE RELATING TO TRAFFIC AND REGULATING
THE USE OF PUBLIC STREETS AND HIGHWAYS IN THE CITY OF MIAMI BEACH,
FLORIDA; PRESCRIBING REGULATIONS RELATIVE TO THE PARKING OF VEHICLES
UPON SUCH PUBLIC STREETS AND HIGHWAYS; PROVIDING FOR THE INSTALLATION,
OPERATION, MAINTENANCE, SUPERVISION, REGULATION AND CONTROL OF THE
USE OF PARKING METERS; DEFINING AND PROVIDING FOR THE ESTABLISH-
MENT OF PARKING METER ZONES UPON THE PUBLIC STREETS AND HIGHWAYS;
PROVIDING FOR THE PAYMENT THEREOF AND FOR SUPPLY PARTS THEREFOR EX-
CLUSIVELY FROM THE RECEIPTS OBTAINED FROM THE OPERATION OF PARKING
METERS; PROVIDING FOR THE ENFORCEMENT HEREOF; PROVIDING PENALTIES
FOR THE VIOLATION HEREOF", 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,
Florida, one of which was at the door of the City Hall in said City
on the 3rd day of September, A. D. , 1947, 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 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
6th day of October, A. D. , 191+7.
City Clerk.. '
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