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Ordinance 849ORDINANCE NO. 849 AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 258 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: "AN ORDINANCE OF THE CITY OF MIAIMI BEACH, FLORIDA, REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF MIAMI BEACH, FLORIDA AND REPEALING ORDINANCES LOS. 98, 104, 161, 173, 174 175 181, 165 207, 218 and ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 1 of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "SECTION 1: DEFIFNITIONS: Whenever in this Ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section. STREET OR HIGHWAY. Every way set apart for -public travel, except foot paths. PRIVATE ROAD OR DRIVEWAY. Every road or driveway not open to the use of the public for purposes of vehicular travel. ROADWAY. That portion of a street or highway between the regularly established curb lines or that part devoted to vehicular traffic. SIDEWALK. That portion of a street between the curb lines and the adjacent property lines. INTERSECTION. The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two or more streets or highways which join one another at an angle whether or not such street or highway crosses the other. CROSSWALK. That portion of a roadway ordinarily included within the prolongation of curb and property lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the turface. SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is so marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. PASSENGER ZONE. The area or space officially set apart within a street for the loading and unloading of passengers from public cars. LOADING ZONE. The area or space officially set apart within a street or alley for the loading and unloading of materials. (1) VEHICLE. Every device in, upon, or by which, any person or property is or may be transported or drawn upon a public highway,excepting devices moved by human power or exclusivey upon rails or tracks. MOTOR VEHICLE. Every vehicle, as herein defined, which is self propelled. AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, Police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as aredbsignated or authorized by the Chief of Police. PEDESTRIAN. Any person afoot. OPERATOR. Any person who is in actual physical control of a vehicle. TRAFFIC. Pedestrians, ridden animals, herded animals, vehicles and bicycles, either singly or together, while using any street for purposes of travel. RIGHT -OF -':JAY. The privilege of the immediate use of the street or highway. PMXING. The stopping or standing of a vehicle, whether attended or unattended, upon a roadway, other than for the purpose of, and while actually engaged in, load- ing or unloading, or other than in obedience to traffic regulations, traffic signs, or traffic signals. OFFICIAL TRAFFIC SIGNS. All signs and markings other than signals, not inconsistent with this Ordinance, placed or erected by authority of a public body or official having jurisdiction for the purpose of guidinrf, directing, warning or regulating traffic. OFFICIAL TRAFFIC SIGNALS. All signs, not inconsistent with this Ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning or regulating traffic. TRAFFIC CONTROL SIGNAL. Any device using colored lights, or words, or any combination thereof, whether manually, electrically or mechanically operated, by which traffic is alternately directed ib stop and to proceed. POLICE OFFICER. Every officer of the Municipal Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations." SCTION 2: That Section o of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "SECTION 8: OBEDIENCE TO TRAFFIC SIGNS AND SIGNALS. It shall be unlawful for any operator to disobey the instruc- tions of any official traffic sign or signal upon the street placed in accordance with the provisions of this Ordinance, unless otherwise directed by a police officer. (2) SECTION 3: That Sections 17 and 18 of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same are hereby repealed. SECTION 4: That Section 20 of Ordinance 1:o. 258 of the City of Miami Beach, Florida, reading as follows: "SECTION 20: BOARDING OR ALIGHTING FROM STREET CARS OR VEHICLES. It shall be unlawful for any person to board or alight from any street car or vehicle while such street car or vehicle is in motion" be and the same is hereby amended to read as follows: "SECTION 20: BOARDING OR ALIGHTING FROM VEHICLES. It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion. SECTION 5: That Section 21 of Ordinance No. 258 of the City of Miami Beach, Florida, reading as follows: "SECTION 21: UNLAWFUL RIDING. It shall be unlawful for any person to ride on any street car or vehicle upon any portion thereof not designed or intended for the use of passengers when the vehicle is in motion. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or within truck bodies, in space intended for merchandise." be and the same is hereby amended to read as follows: "SECTION 21: UNLAJFUL RIDING. It shall_ be unlawful for any person to ride on any vehicle upon any portion thereof not designed or intended for the use of passengers when the vehicle is in rotion. This pro- vision shall not apply to an employee engaged in the necessary discharge of a duty, or within truck bodies, in space intended for merchandise." SECTION 6: That Section 22 of Ordinance No. 253 of the City of Miami Beach, Florida, reading as follows: "SWTION 22: STREET CARS NOT TO BLOCK STREET. It shall be unlawful for the directing officer or the operator of any street car to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes. It shall be unlawful for any street car to stop within an intersection or on a crosswalk for the purpose of receiving or discharging passengers." be and the same is hereby repealed, and in lieu thereof, a Section to be known as Section 22 be inserted to read as follows: " SECTION 22: DRIVER'S LICENSE. (1) Every operator of a motor vehicle shall have his State operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle, and shall display same upon demandof any police officer of the City of Miami Beach, provided, however, that no person charged with violating this section shall be con- victed if he produces in court an operator's or chauffeur's license theretofore issued to him and valid at the time of his arrest. n (3) SECTION 7: That Section 23 of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same is hereby amended by deleting Sub -section (3) thereof, and by adding thereto, at the end thereof, Sub -paragraph (11) to read as follows: "(11) It shall be unlawful to park, or to cause or permit to be parked, a motor vehicle upon any street or other public way in the City of Miami Beach for a continuous period of time longer than the legal parking time designated by official traffic signs or signals posted upon such street or way." SECTION 8: That Section 38 of Ordinance No. 258 of the City of Miami Beach, Florida, reading as follows: "SECTION 38: OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EM'RGFNCY VEHICLE. (a) Upon the approach of any authorized emergency vehicle or vehicles giving audible signal by bell, siren or exhaust whistle, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position until thr authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a police officer; and the operator of every street car shall immediately stop such car clear of any inter- section and keep it in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a police officer." be and the same is hereby amended to read as follows: "SECTION 38: OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGEICY VEHICLE. (a) Upon the approach of any authorized emergency vehicle or vehicles giving audible signal by bell, siren or exhaust whistle, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a police officer." SnCTION 9: That Section 42 of Ordinance No. 258 of the City of Miami Beach, Florida, reading as follows: "SECTION 42: CLINGING TO lMOVING VEHICLES. It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle to cling to, or attach himself or his vehicle to any other moving vehicle or street car upon any roadway." be and the same is hereby amended to read as follows: "SECTION 42: CLINGING TO MOVING VEHICLES. It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle to cling to, or attach himself or his vehicle to any other moving vehicle upon' any' roadway. " (4) SECTION 10: That Sub -section (b) of Section 45 of Ordinance No. 258 of the City of Miami Beach, Florida, reading as follows: "(b) It shall be unlawful for any passenger in a vehicle or street car to ride in such position as to interfere with the operator's view ahead, or to the si6es, or to interfere with the operator's control over the driving mechanism of the vehicle." be and the same is hereby amended to read as follows: "(b) It shall be unlawful for any passenger in a vehicle to ride in such position as to interfere with the operator's view ahead, or to the sides, or to interfere with the operator's control over the driving mechanism of the vehicle." SECTION 11: That Section 46 of Ordinance No. 258 of the City of Miami Beach, Florida, reading as follows: "S=Ii]CTION 46: CROSSING FIRE HOSE. No street car or vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or street car track to be used at any fire or alarm of fire, without the consent of the Fire Marshal or Fire Department official in command . " BE AND THE SAME I,S hereby amended to read as follows: "SECTION 46: CROSSING FIRE HOSE. No vehicle shall be driven over any unprotected hose of th8rFire Department when laid down on any street,/private drivevlay to be used at any fire or alarm of fire, without the consent of the Fire Marshal or Fire Department official in command." SECTION 12: That Section 48 of Ordinance No. 2.58 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "SECTION 48: IIECHANICAL CONDITION. Every motor vehicle operated or driven upon the public highways of this City shall be provided with adequate brakes in good working order and sufficient to control such vehicle at all times when the same is in use. Said motor vehicle shall also during the period from one- half hcur after sunset to one-half hour before sunrise display at least two lighted lamps on the front and one on the rear of such vehicle, while in operation. Said lamps on the front of said vehicle shall be pro- vided with dimmers of non -glaring character, which said dimmers shall be used at all times during said period when said vehicle is in operation. It shall be unlawful for any person to operate any motor vehicle, or for the owner of any motor vehicle to cause or knowingly permit the operation of such motor vehicle upon any public street in the City of Miami Beach, which vehicle does not comply with and conform to the requirements as to mechanical condition and inspec- tion as provided by the ordinances of the City of Miami Beach." (5) • S':;CTI0 13: That Section 50 of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "3.CTION 50: (a) :RECKLESS DRIVING. Any person who drives any vehicle on a highway carelessly and heedlessly in wilful and wanton disregard of the rights and safety of others, or without due caution and circumspection, having due regard for traffic, surface and width of the highway and any other driving conditions then existing, or in a manner so as to endanger or be likely to endanger any person or any property, shall be guilty of reckless driving. (b) RECKLESS DRIVING BY SPEEDING'. Any person who drives any vehicle upon a highway at a speed greater than that designated by official traffic signs posted upon said highway, or under existing conditions of traffic, surface and width of highway, and of actual and potential hazards then existing, at a speed greater than is reasonable and prudent and so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving by speeding." SECTION 14: That Section 69 of Ordinance No. 258 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows: "SECTION 69: Traffic offenses for which summons may be issued and penalties therefor accepted by the Police Department from the person to whom such summons shall have been issued, and the amounts of such penalties shall be as follows: 1. For any offense as set forth in said Ordinance No. 258, except Sections 49 and 50: lst offense ;1.00 2nd offense 3 00 2. Three (3) or more offenses, offenses involving intoxicating liquors or narcotic drugs in connection with driving of a vehicle, and cases of reckless driving as described in Section 50 (a) hereof, shall be referred to the Municipal Court for disposition in the regular manner. 3. For the offense as set forth in Section 50 (b) hereof: 1st offense 210.00 2nd and subsequent offenses shall be referred to the Municipal Court for disposition." SECTIONJ: That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSD and ADOPTED this 5th__ day of May, A. D. 1948. Attest: (6) lst reading - April 21, 1948 2nd reading - April 21, 1948 3rd reading - May SI 194Posted - Ma y STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Plorida, do hereby certify that Ordinance No. 849, entitled: "AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 258 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: 'AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF MIAMI BEACH, FLORIDA, AND REPEALING ORDINANCES NOS. 98, 104, 161, 173, 174, 175, 181, 165, 207, 218 AND ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HERE- WITH", 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 5th day of May, A. D. 1948, 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 City of Miami Reach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida on this the 14th day of June, A. D. 1948. (2(!: City Clerk c5-- '3- 00 3'00 z-