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Ordinance 996 ORDINANCE NO. 996 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 11 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" TO MAKE IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO HAVE POSSESSION OF, BUY, SELL, GIVE AWAY OR OTHERWISE DISPOSE OF EXPLOSIVES WITHOUT A PERMIT FROM THE POLICE DEPARTMENT OF THE CITY OF MIAMI BEACH, FLORIDA; REQUIRING ALL PERSONS, FIRMS OR CORPORATIONS SELLING, GIVING AWAY OR OTHERWISE DISPOSING OF EXPLOSIVES TO KEEP CERTAIN RECORDS; DEFINING EXPLOSIVES; DEFINING LAWFUL AND UNLAWFUL POSSESSION OF EXPLOSIVES; PROVIDING FOR PENALTIES; REPEALING ALL LAWS AND ORDINANCES OR PARTS THEREOF IN CONFLICT; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Article IV of Chapter 11 of the Code of the City of Miami Beach, Florida, 1950, is hereby amended to read as follows : - "ARTICLE IV. EXPLOSIVES. DIVISION 1. IN GENERAL Sec . 11 .47 . UNLAWFUL TO SELL, GIVE AWAY, OTHERWISE DISPOSE OF EXPLOSIVES. It shall be unlawful for any person, firm or corporation to buy, sell , give away, deliver, use, store or otherwise dispose of explosives, without first having obtained a permit as provided for in this section, except as provided for in this Chapter. The Chief of Police of the City of Miami Beach, Florida, or other authorized personnel of the Police Depart- ment, upon proof that the person applying therefor is of good moral character, and that good cause exists for the issuance thereof, may issue to such person, firm or corporation a permit to purchase, possess and use explosives for any of the purposes set forth in this section, which said permit shall contain the name of the person, firm or corporation applying therefor, the quantity of explosives authorized by the said permit and the use and/or uses intended for the said explosives . Lawful possession of an explosive, as used in this Chapter, means the possession of explosives pursuant to a permit issued therefor as provided for in this Chapter, and: a) in the course of legitimate blasting operations or the arts, b) in the course of the business of manufacturing, selling, transporting explosives, and c) by a public agency. (Presumption) Any person, firm or corporation in possession of an explosive or in control of an explosive , who has not first obtained a permit for the possession of the said explosive and/or not pursuant to the use as stated in the permit shall be presumed in unlawful possession of the said explosive . -1- Unless the context otherwise requires, 'explosive ' as used in this Chapter , includes any of the following: a) Gun powder, blasting powder, dynamite , gun cotton, nitro glycerine, a nitro glycerine compound, fulminate, blasting cap (electric or non-electric) or an explosive substance having an explosive power equal to or greater than black blasting powder. b) A substance to be exploded or ignited to produce a propelling force or rendering other substances. 'Explosive ' does not include any substance specified in this Chapter where the said substance appears within ammunition for small arms. Sec . 11 .48. RECORDS TO BE KEPT FOR PERSONS SELLING, GIVING AWAY, OR TRANSPORTING OR OTHERWISE DISPOSING OF EXPLOSIVES. Every person, firm or corporation who sells, gives away, transports, or otherwise disposes of explosives shall keep an accurate journal or record book in which shall be noted at the time it is made, each sale, delivery, gift, or other disposition of an explosive made by him, with a description of such explosive, whether in the course of business or otherwise . Each notation in the -Journal or record_book shall show, in a legible handwritings a) The name and quantity of the explosive sold, delivered, given away or otherwise disposed of. b) The name, residence, and business of the purchaser or transferee, and the signature of the purchaser or transferee. c) The name of the individual, firm or corporation to whom the explosive is delivered, sold, or given. The journal or record book shall be kept by the person required to keep it in his principal office or place of business within the City of Miami Beach, Florida. It is at all times subject to the inspection and examination of the police authorities of the City of Miami Beach, Florida, on proper demand. Sec . 11 .49. REQUIREMENTS FOR SALE, ETC. It is unlawful for any person, firm or corporation to sell, give away, deliver or otherwise dispose of any explosives as defined herein without first demanding from the purchaser, donee, or transferee of the said explosives or his authorized agent his permit to purchase, transfer or otherwise receive said explosives, and requiring of the said purchaser, donee or transferee proper identification to determine whether or not he is the person to whom the said permit was issued. Sec . 11. 491 . SIGNATURE AND ATTESTATION OF STATEMENT. In addition to the requirements of Section 11, 49, a statement shall be signed by the person to whom the explosives are sold, given away, or delivered, or by his authorized agent, the said statement to be retained by the seller, donor or transferor, as part of his records of the sale, gift or transfer to be presented to the police authorities upon demand. The statement shall set forth that the person purchasing or other- wise receiving the said explosives is the person named in the -2- permit, or his authorized agent, and that the explosives are to be used only for the purpose or purposes provided for in the said permit. The statement shall be witnessed by two persons known to the person selling, giving away or delivering the explosives, that the purchaser, donee, or transferee is personally known to them, and that to the best of their knowledge and belief, the explosives are required by such person for the purposes set forth in the permit. Sec . 11.50 . PENALTIES FOR VIOLATION. The violation of any of the sections of this article or parts thereof shall be punishable upon conviction by a fine not exceeding $1,000.00, or by imprisonment for not more than ninety days, or by both such fine and imprisonment . Each violation hereof shall constitute a separate offense, and each unit of explosive shall constitute a separate offense, and the said fine and imprisonment provided for herein may be imposed for every unit of explosive found to be un- lawfully in the possession of any person, firm or corporation; said fines to run cumulatively and said imprisonments to run consecutively. DIVISION 2. FIREWORKS, ETC. Sec . 11 .51. DISCHARGING, ETC. The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles, or other fireworks or substances designed and intended for pyrotechnic display, and of pistols, canes, cannons , or other appliances, using blank cartridges or caps containing chlorate rof potash, is hereby prohibited; provided, that the mayor or council may order the public display of fireworks by properly qualified individuals; provided also, that such display shall be of such a character and so located, discharged or fired as, in the opinion of the chief of the fire department, shall not be hazardous to surrounding property or endanger any person. Sec . 11 .52. SALE PROHIBITED; REMOVAL OF STOCK. The sale of fireworks at retail is prohibited. The chief of the fire department may, at his discretion, remove or have removed, at the owner' s expense , all stocks of fireworks or other combustibles exposed for sale, or held in stock in violation of this division. " SECTION 2. ORDINANCES IN CONFLICT REPEALED. All ordinances or parts of ordinances in conflict herewith be, and they are, hereby repealed. SECTION 3. DECLARATION OF EMERGENCY MEASURE. This ordinance is hereby declared to be an emergency measure due to recent bombings in this community upon the ground of urgent public need for the preservation of peace, health, safety and property. SECTION 4. DISPENSING WITH READINGS ON TWO SEPARATE DAYS. The requirement of reading this ordinance on two separate days is hereby dispensed with, and this ordinance shall go into effect immediately upon its passage . PASSED and ADOPTED this 5th day of December, A. D. 1951. . /(ktMayor ATTEST: • C7 / ty erk 1st reading - December 5, 1951 2nd reading - December 5, 1951 3rd reading - December 5, 1951 POSTED - December 7, 1951 -3- 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. 995 , entitled: "AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 11 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' TO MAKE IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO HAVE POSSESSION OF, BUY, SELL, GIVE AWAY OR OTHERWISE DISPOSE OF EXPLOSIVES WITHOUT A PERMIT FROM THE POLICE DEPARTMENT OF THE CITY OF MIAMI BEACH, FLORIDA; REQUIRING ALL PERSONS, FIRMS OR CORPORATIONS SELLING, GIVING AWAY OR OTHERWISE DISPOSING OF EXPLOSIVES TO KEEP CERTAIN RECORDS; DEFINING EXPLOSIVES; DEFINING LAWFUL AND UNLAWFUL POSSESSION OF EXPLOSIVES; PROVIDING FOR PENALTIES; REPEALING ALL LAWS AND ORDINANCES OR PARTS THEREOF IN CONFLICT; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS" , 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 7th day of December, A.D. 1951, 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 31st day of January, A.D. 1952. CZ> City Clerk � . Ts 0 Q \o , � c / : o e ..-----.. g 2 / / H .1-10 7 � P2f H q - / 0 /w 2 /