Ordinance 882ORDINANCE NO. 882
AN ORDINANCE TO PROHIBIT WITHIN THE CITY LIMITS
OF THE CITY OF MIAII BEACH, FLORIDA, THE WEARING
OF A MASK OR ANY DEVICE THEREBY ANY PORTION OF
THE FACE IS SO HIDDEN OR COVERED AS TO CONCEAL
THE IDENTITY OF THE WEARER; PROHIBITING THE
DEMANDING OF ENTRANCE OR THE ENTRANCE UPON THE
PRFRISES OF ANOTHER WHILE SO WEARING A MASK; PRO-
HIBITING THE BURNING OF ANY CROSS UPON THF PREMISES
OF ANOTHER; PROVIDING A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING THAT IF ANY SECTION,
SUB -SECTION, SENTENCE, CLAUSE, PHRASE OR WORD OF
THIS ORDINANCE IS FOR ANY REASON HFLD TO BE UN-
CONSTITUTIONAL OR INVALID, SUCH HOLDING OR INVALID-
ITY SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS
ORDINANCE; DECLARING THIS ORDINANCE TO REPEAL ALL
OTHER AND PRIOR ORDINANCES OR ANY PART THEREOF IN
ANY WISE DEALING WITH THE SAME SUBJECT AND IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: No person or persons shall in this City, while
wearing any mask or device whereby any portion of
the face is so hidden or covered as to conceal
deliberately the identity of the wearer, enter upon or be or
appear upon any public or private property within the city
limits.
SECTION 2: No person or persons shall, while wearing a mask
or device whereby any portion of the face is so
hidden or covered as to conceal deliberately the
identity of the wearer, demand entrance or admission or enter
or come upon or into the premises, enclosure, or house of any
person in this City.
SECTION 3: No person or persons shall cause to be burned or
erected any cross either upon any other person's
property or in public, or make any similar demon-
strations or place any similar exhibits upon the private property
of another, unless such person or persons shall have first
obtained from the occupier or owner (if the owner is the occupier)
of the property, his or her permission to do so.
SECTION hI The following are exempted from the provisions of this
Act:
(A) Any person or persons wearing traditional
costumes of the holiday during a holiday period.
(B) Any person or persons under the age of 17 years
it being now determined after study that children sometimes in tie
spirit of levity indulge in the use of holiday masks, and which
acts and conduct do not create the mischief otherwise intended to
be prohibited by this ordinance.
(C) Any person wearing a mask in a circus or play.
SECTION 5: In the event any section, sub -section,
sentence, clause, phrase or word of this ordi-
nance shall be declared or adjudged invalid
or unconstitutional, such adjudication shall in no manner
affect the other sections, sub -sections, clauses, phrases
or words of this ordinance, which shall be and remain in
full force and effect as if the section, sub -section,
sentence, clause, phrase or word so declared or adjudged
invalid or unconstitutional was not originally a partthere-
of.
,SECTION 6: Any person or persons violating this ordinance
or any of its provisions or sections or parts
of sections, shall, upon conviction, be punished
by a fine not to exceed 0_,000.00, or by imprisonment not to
exceed ninety (90) days, or by both such fine and imprisonment,
in the discretion of the Court, for each separate violation.
PASSED AND ADOPTED this 6th day of April , A.D.
1949.
MAYOR
ATTEST:
e=c2':)".A-Apc‘arr---1_
City Clerk
(SEAL)
1st reading - March 23, 191+9
2nd reading - March 23, 191+9
3rd reading - April 6, 1949
Posted - April 6, 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. 882, entitled:
"AN ORDINANCE TO PROHIBIT WITHIN THE CITY LIMITS OF THE CITY OF
MIAMI BEACH, FLORIDA, THE WEARING OF A MASK OR ANY DEVICE WHEREBY
ANY PORTION OF THE FACE IS SO HIDDEN OR COVERED AS TO CONCEAL THE
IDENTITY OF THE WEARER; PROHIBITING THE DEMANDING OF ENTRANCE OR
THE ENTRANCE UPON THE PREMISES OF ANOTHER WHILE SO WEARING A MASK;
PROHIBITING THE BURNING OF ANY CROSS UPON THE PREMISES OF ANOTHER;
PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
THAT IF ANY SECTION, SUB -SECTION, SENTENCE, CLAUSE, PHRASE OR WORD
OF THIS ORDINANCE IS FOR ANY REASON HELD TO BE UNCONSTITUTIONAL OR
INVALID, SUCH HOLDING OR INVALIDITY SHALL NOT AFFECT THE REMAINING
PORTIONS OF THIS ORDINANCE; DECLARING THIS ORDINANCE TO REPEAL ALL
OTHER AND PRIOR ORDINANCES OR ANY PART THEREOF IN ANY WISE DEALING
WITH THE SAME SUBJECT AND IN CONFLICT", 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 6th day of April, A. D. l949, and that said Ordinance re -
mailed 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 13th
day of May, A. D. 1949.
City Clerk
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