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Ordinance 859ORDINANCE NO. 859 AN ORDINANCE PROHIBITING THE ERECTION, EXTENSION OR MAINTENANCE OF FENCES OR SIMILAR STRUCTURES RICH PREVENT OR RESTRICT THE FREE USE BY THE PUBLIC OF THE SHORE OR SPACE BETWEEN THE ORDINARY HIGH AND LOW WATER MARKS OF THE ATLANTIC OCEAN; EXEMPTING THEREFROM THE ERECTION OR EXTENSION OF BULKHEADS, GROYNES OR JETTIES•DESIGNED FOR BEACH PROTECTION PURPOSES; PROVIDING A PENALTY FOR VIO- LATION 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 or corporation to erect, construct extend or main- tain, within the corporate limits of the City of Miami Beach, Florida, any fence of whatsoever nature, or any barricade or similar structure which restricts or prevents the free and unhindered traverse or use by the public of the shore or space between the ordinary high and low water marks of the Atlantic Ocean. SECTION 2: Nothing contained herein shall be deemed to prohibit or restrict, where otherwise permitted by proper authorities, the erection or extension of bulkheads, groynes or jetties designed and constructed for beach or channel protection purposes. SECTION 3: Each day that a violation of this ordinance con- tinues to exist shall be considered as a separate offense, and may be punished as such. SECTION 4: Any person, firm or corporation violating the pro- visions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than One Thousand M1000.00) 000.00) Dollars, or imprisonment for not more than ninety (90) days, or by boh such fine and such imprisonment in the discretion of the court. SECTION 5: This ordinance shall become effective immediately upon its passage and posting as required by law. PASSED and ADOPTED this 18th day of August, A. D. 1943. Attest: 1st reading 2nd reading 3rd reading Posted - August 4, 1948 - August 4 1948 - August 1o, 1948 - August 18, 1948 ayor 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. 859, entitled: "AN ORDINANCE PROHIBITING THE ERECTION, EXTENSION OR MAINTENANCE OF FENCES OR SIMILAR STRUCTURES WHICH PREVENT OR RESTRICT THE FREE USE BY THE PUBLIC OF THE SHORE OR SPACE BETWEEN THE ORDINARY HIGH AND LOW WATER MARKS OF THE ATLANTIC OCEAN; EXEMPTING THEREFROM THE ERECTION OR `EXTENSION OF BULKHEADS, GROYNES OR JETTIES DESIGNED FOR BEACH PROTECTION PURPOSES; PROVIDING A PENALTY FOR VIOLATION 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, Florida, one of which was at the door of the City Hall in said City on the 18th day of August, A. D. 1948, and 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 23rd day of September A. D. 1948. C. W. TOMLINSON, City Clerk By: : /d Deputy City Clerk 1-0 0® ami U � N 00 4-i N O �.. .P 4-� cti 0 O O\ co U O o -p •r-1 H1-4 • • O b r -I H Z ti CO '4 .N CH •.i O Q Q) •r 4 W 4 O +3 H F-, O RS ,n ORD