Ordinance 901 ORDINANCE NO. 901
AN ORDINANCE PROHIBITING THE SALE, POSSESSION,
TRANSPORTATION OR UTILIZATION OF ANY STINK BOMB,
STINK POT OR OTHER SIMILAR DEVICE OR APPARATUS;
PROHIBITING THE MAKING OR CAUSING OF ANY OBNOXIOUS
ODOR ON THE PREMISES OF ANOTHER BY MEANS OF SUCH
DEVICE OR APPARATUS, OR BY MEANS OF ANY CHEMICAL
OR CHEMICAL PREPARATION; EXEMPTING ODORS NORMALLY
CAUSED BY THE LAWFUL EXERCISE OF A TRADE, BUSINESS
OR OCCUPATION; PROVIDING A PENALTY FOR THE VIO-
LATION HEREOF; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: It shall be unlawful forany person in the City of Miami Beach,
Florida, in any manner whatsoever, to buy, sell or possess
or transport, or to utilize or cause to be put into operation
any stink bomb, stink pot, or other similar implement,
container, device or apparatus.
SECTION 2: It shall be unlawful for any person in the City of Miami
Beach, Florida, to make, cause or to permit the making or
causing of any obnoxious 'odor by means of any stink bomb,
stink pot or similar device or by means of any chemical or chemical
preparation or product in or about the premises of another without the
consent of the owner or other person in custody or control of such
premises.
SECTION 3: Nothing contained in this ordinance shall prohibit or be
construed to prohibit the business, trade or occupation of
exterminators or fumigators or other similar lawful business,
trade or occupation licensed or permittedby law, nor to prohibit the
creation of any odor normally and usually connected with the normal
operation of any lawful business, trade or occupation.
SECTION 4: That should any part of this ordinance be declared invalid
or unconstitutional, the remaining portions shall continue
in force and effect as though such invalid or unconstitu-
tional portion had not been contained herein.
SECTION 5: Any person, firm or corporation who shall violate the pro-
visions of this ordinance shall, upon conviction thereof
be punished by a fine not exceeding One Thousand (411,000.00 )
Dollars, or by imprisonment for a period not exceeding ninety (90) days,
or by both such fine and imprisonment in the discretion of the munici-
pal judge.
SECTICN 6: That the welfare of the City is in peril and this ordinance
is hereby declared to be an emergency measure and to be
necessary for the protection of the citizens and for the
immediate preservation of the public peace, health and safety, and the
three readings thereof shall be had at one session, and this ordinance
shall go into effect immediately upon its passage.
PASSED and ADOPTED this 12th day o October, A. D. 1949.
ayor
ATTEST:
ity Clerk
lst reading - October 12, 1949
2nd reading - October 12, 1949
3rd reading - October 12, 1949
POSTED - October 12, 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. 901,
entitled: "AN ORDINANCE PROHIBITING THE SALE, POSSESSION, TRANS-
PORTATION OR UTILIZATION OF ANY --STINK BOMB, STINK POT OR OTHER
SIMILAR DEVICE OR APPARATUS; PROHIBITING THE MAKING OR CAUSING OF
ANY OBNOXIOUS ODOR ON THE PREMISES OF ANOTHER BY MEANS OF SUCH
DEVICE OR APPARATUS, OR BY MEANS OF ANY CHEMICAL OR CHEMICAL
PREPARATION; EXEMPTING ODORS NORMALLY CAUSED BY THE LAWFUL EXERCISE
OF A TRADE, BUSINESS OR OCCUPATION; ,PROVIDING A PENALTY FOR THE
VIOLATION HEREOF; 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 in said City on the 12th day of October,
A. D. 1949, 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
15th day of November, A. D. 1949.
City Clerk
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