Ordinance 938 ORDINANCE NO. 938
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROHIBITING THE INSTALLATION AND
USE OF FOOD HEATING OR COOKING DEVICES IN
CERTAIN APARTMENT HOUSE AND ROOMING HOUSE
PREMISES; PROVIDING FOR A RULE OF EVIDENCE
IN PROSECUTING HEREUNDER; PROVIDING FOR A
PENALTY THEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: It shall be unlawful for any person, firm, corporation
or association operating or managing any apartment
house or rooming house, licensed as such by the City of Miami Beach,
Florida, knowingly to provide, place, install or furnish for the use
of any tenant or guest, or knowingly to allow any tenant or guest
or other person to provide, place , install, furnish or use any stove,
or electric , chemical or gas device commonly known as a "hot plate",
or any device of any nature whatsoever for the purpose of heating
or cooking food or beverages in any living or sleeping room or
other living or sleeping compartment or combination of such rooms
or compartments which are rented ,or occupied as a single living
unit and which has or have an aggregate floor area within the en-
closed walls of such unit of less than four hundred square feet.
SECTION 2: Nothing contained herein shall prohibit the installa-
tion and use of kitchen facilities in any apartment
house or rooming house where such installation and use has been
approved by the Building Department of the City of Miami Beach and
is otherwise permitted by ordinance of the City of Miami Beach,
Florida.
SECTION 3: It shall be unlawful for any person in the City of
Miami Beach to use or operate any stove or other food
cooking or heating device described and prohibited under the terms
and provisions and under the conditions established in Section 1 of
this ordinance.
SECTION 3;: Every person, firm, association or corporation engaged
in the business of operating or managing any apartment
house or rooming house in the City of Miami Beach, Florida, shall
post or affix, in a conspicuous place in each apartment or room
described in Section 1 of this ordinance, a sign or notice reading
as follows:
"The installation or use in this room or
apartment of any device for the preparation
or heating of food or beverages is prohibited
by City Ordinance".
SECTION 1+: In any prosecution for the violation of any of the
provisions of this ordinance proof of the presence of
any of the devices described in Section 1 of this ordinance shall
be prima facie evidence of the knowledge of the operator or manager
of the apartment house or rooming house where such device is present
that such device was therein installed, and shall be prima facie
evidence of the use and operation of such device by the guest or
tenant then renting or occupying such room.
SECTION 5: Any person who shall violate any of the provisions of
this ordinance shall, upon conviction thereof, be
punished by a fine of not more than Five Hundred ($500.00) Dollars,
or by imprisonment not exceeding sixty (60) days, or by both such
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fine and imprisonment, in the discretion of the Municipal Judge of
the City of Miami Beach.
SECTION 6: This ordinance shall go into effect immediately upon
its passage and posting as required by law,
PASSED and ADOPTED this 21st day of June9 A. D. 1950 .
i
Mayor
ATTEST:
City Clerk
1st reading - June 7, 1950
2nd reading - June 79 1950
3rd reading - June 21, 1950
POSTED - June 22, 1950
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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.
938, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROHIBITING THE INSTALLATION AND USE OF FOOD HEAT-
ING OR COOKING DEVICES IN CERTAIN APARTMENT HOUSE AND ROOM-
ING HOUSE PREMISES; PROVIDING FOR A RULE OF EVIDENCE IN
PROSECUTING HEREUNDER; PROVIDING FOR A PENALTY THEREOF",
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 22nd day of June, A. D. 1950, 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 25th day of July, A. D. 1950.
City Clerk
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