Ordinance 887ORDINANCE NO. 887
AN ORDINANCE OF THE CITY OF MIAMI BEACH REGULATING
THE ACTIVITY AND EMPLOYMENT OF PERSONS AS LIFE-
GUARDS AT CERTAIN SWII•S1ING POOLS AND OCEAN FRONT
BATHING BEACHES; REQUIRING CERTIFICATES OF COM-
PETENCY FOR SUCH LIFE GUARDS; PROVIDING FOR THE
METHOD OF ISSUING OF SUCH CERTIFICATES; PROVIDING
FOR THE MAINTENANCE OF SAFETY EQUIPMENT AT SUCH
POOLS AND OCEAN FRONT BATHING BEACHES; PROVIDING
FOR PENALTIES FOR VIOLATIONS HEREOF.
BE IT ORDAINED BY THE CITY COUI` CIL OF THE CITY OF ILIAL I BEACH,
FLORIDA:
SECTION 1: On and after November 1, 1949 it shall be unlawful
for any person to act as, or directly or indirectly
to represent or otherwise hold himself or herself
out to the public as a life guard at any swimming pool or any
ocean front bathing beach in the City of Miami Beach, Florida, to
which pool or beach the public is invited or admitted, with or with-
out charge, unless such person holds an unexpired Certificate of
Competency issued by the Beach Patrol Division of the City of Miami
Beach, Florida, as hereinafter provided, or an unexpired Swimming
Instructor Certificate issued by the American National Red Cross,
which said Instructor Certificate, for the purposes of this ordi-
nance, shall be deemed a Certificate of Competency.
SECTION 2: On and after November 1, 1949, it shall be unlawful
for any person, as owner, manager, operator or as agent
for such owner, manager or operator of any swimming
pool or ocean front bathing beach in the City of Miami Beach,, Florida,
to which pool or beach the public is invited or admitted, with or
without charge, to employ or cause, permit or allow to be employed
any life guard, or to cause, permit or allow any person in his employ
to act, represent or hold himself or herself out to the public as a
life guard unless such life guard shall hold and shall have presented
for inspection at the time of his employment, a Certificate of Com-
petency, as provided in Section 1 hereof.
SECTION 3: The Beach Patrol Captain of the City of Miami Beach,
Florida, is hereby authorized and directed to prescribe,
administer and conduct swimming and related life-saving
procedure tests for life guards, based upon, but not necessarily
equivalent to, the minimum performance test requirements of the City
of Miami Beach Civil Service for Life Guards employed by the City,
and to issue uniform Certificates of Competency to applicants suc-
cessfully completing such tests. Application for such examination
shall be made in writing to the Beach Patrol Captain not less than
five days prior to the date of the next examination. Such appli-
cation shall be accompanied by a medical doctor's certificate of
good health and good physical condition issued within ten (10) days
prior to the filing of the application, together with a fee of
$5.00 to cover the costs of conducting such examination.
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OFFICE
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 4: The examinations herein provided for shall be conducted
on the first day of October, 1949, and on the first day
of each second month thereafter, if applications therefor
have been received by the Beach Patrol Captain, who shall notify each
applicant, by mailing a notice to the address furnished in the appli-
cation of the time and place of the examination. Examination dates
may be postponed if, in the discretion of the Beach Patrol Captain,
weather conditions are not appropriate for such tests. Any applicant
aggrieved by the decision of the Beach Patrol Captain may appeal,
in writing, to the City Manager who shall review the report of the
Beach Patrol Captain. The City Manager may sustain the report of the
Beach Patrol Captain or order an immediate re-examination of such
applicant. Any applicant who fails to pass the examination may make
new application for examination at the next regularly scheduled exami-
nation date, provided, that failure to pass after three consecutive
applications shall bar such applicant from further application for a
period of one year from the date of the first apnlication.
SECTIOTT 5: The Certificates of Competency herein provided for shall
not be transferable to any other person, and shall at
all times be kept available by the holder thereof for
immediate production and inspection by any police officer or Beach
Patrol Officer. Such Certificates shall expire three years from the
date of issuance thereof.
SECTION 6: All life guards employed by the City of Miami Beach,
Florida, under Civil Service procedure, shall be exempt
from the provisions of this ordinance as to Certificates
of Competency during such time as they shall be in the service of
the City in such capacity.
SECTION 7: On and after November 1, 1949, any person who owns,
operates, manages or conducts a swimming pool in the City
of Miami Beach, to which pool the public is invited or
admitted, with or without charge, shall provide and maintain, available
for immediate emergency use at all times, not less than one service-
able life preserver ring or similar device at each end of such slim-
ming pool.
SECTION 8: On and after November 1, 1949, any person who owns, manages,
operates or conducts any ocean front bathing beach in the
City of Miami Beach, Florida, to which beach the public
is invited or admitted, with or without charge, and at which beach a
life guard is employed, maintained or furnished by said owner, manager
or operator, shall provide and maintain thereon, available for imme-
diate emergency use at all times, not less than one serviceable can-
bouy or similar rescue device, together with necessary ropes or at-
tachments therefor.
SECTIO'T 9: Any person violating the provisions of this Ordinance
shall, upon conviction thereof, be punished by a fine of
not more than ;500.00, or by imprisonment not exceeding
ninety (90) days, in the City Jail, or by both such fine and impri-
sonment in the discretion of the Municipal Judge.
SECTION 10: This ordinance shall go into effect immediately upon its
passage and posting as required by law.
PASSED and ADOPTED this 3rdc ,y of Aust
1
Attest:
City
��i tyQQ ; Clerk
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2nd rea n
OFFICE F TlA11OR�3gogyiging 4; 1?4?
EY - CITY HALL - MIAMI�u ust
BEACH 39, FLORIDA
Mayor
1 t
A. 1949.
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. 887, entitled:
"AN ORDINANCE OF THE CITY OF MIAMI BEACH REGULATING THE ACTIVITY
AND EMPLOYMENT OF PERSONS AS LIFEGUARDS AT CERTAIN SWIMMING POOLS
AND OCEAN FRONT BATHING BEACHES; REQUIRING CERTIFICATES OF COM-
PETENCY FOR SUCH LIFE GUARDS; PROVIDING FOR THE METHOD OF ISSUING
OF SUCH CERTIFICATES; PROVIDING FOR THE MAINTENANCE OF SAFETY
EQUIPMENT AT SUCH POOLS AND OCEAN FRONT BATHING BEACHES; PROVIDING
FOR PENALTIES FOR VIOLATIONS 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, one of which was at the door of the City Hall in said
City on 4th day of August, A. D. 1949, and that said Ordinance re-
mained 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
6th day of September, A. D. 1949.
City Clerk
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