Ordinance 1107 •
ORDINANCE NO. 1.107
AN ORDINANCE AiTIDING ".THE CODE
OF THE CITY OF "iiIAIiI BEACH,
FLORIDA, 1950".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF "IIAMI BEACH,
FLORIDA:
SECTION 1: That Chapter 2 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by add;Lng thereto immediately after
Section 2. 28 thereof the following:
ARTICLE II
Qualif.yinr; as Candidate for City Council
SEC. 2.29: Candidates for the office of City Councilman
. shall qualify with the City Clerk not more than
forty-five days nor less than thirty days prior to the
election for the office of City Councilman.
SEC. 2. 30: Candidates for the office of City Councilman
shall qualify by. paying to the City Clerk
the sum of One Hundred ( ' 100..00) Dollars as a qualifying fee,
by being photographed and fingerprinted by the Identification
Bureau of the City iolicc Deipartment, and by signing the oath
hereinafter required.
SEC . 2. 31: Candidates for the office of City Councilman
must be Qualified electors of the City of Miami
Beach, Florida.
SEC . 2. 32: Every candidate for the office of City Councilman
is required to take, sign and subscribe to an oath
or affirmation in writing in which he will state,
1. The title of the office for which he is a candidate;
2. That he is a qualified elector of the City of Miami
Beach, Florida;
3. His legal residence by street and number;
! . !Whether or not he has ever been convicted of a
felony;
5. That he is qualified under the ordinances and Charter
of the City of Miami Beach, Florida, to hold the office
for which he is a candidate;
6. That he has paid the qualifying fee required by
Sec. 2.30 hereof;
7. That he has not violated any of the ordinances
or laws of the City of Miami Beach or of the State
of Florida relating to the election or registration
of electors; and
8. That he is not a member of nor does he subscribe to
the principles of any group that seeks to overthrow
the government or the constitution of the United States
of America.
Such oath or affirmation shall be filed with the City
Clerk simultaneously with the payment of the required
qualifying fee. Such oath or affirmation shall be
substantially in the following form:
— 1
STATE OF FLORIDA )
COUNTY OF DADE ) SS. :
BEFORE ME, an officer authorized to administer
oaths, personally appeared
to me well known who, being by me duly sworn, deposes
and says that he is a candidate for the office of City
Councilman for the City of Miami Beach, Florida; that
he is a qualified elector of said City; that his
legal residence is , Miami
Beach, Dade County, Florida; that he has, has not
( strike out the inapplicable word or words) been
convicted of a felony; that he is clualifiea under the
ordinances and charter of said City to hold such
office; that he has paid the required qualification
fec; that he has not violated any of the ordinances
or laws of the City -)f Miami Beach or of the State
of Florida relating to the elections or registration
of electors, and that he is not a member of, nor does
he subscribe to the principles of aay group that
socks to overthrow the government or the Constitution
of the United. States of America.
( Signature of Candidate)
Sworn to and subscribed
before me this day of
, 19 .
(Authorized Officer)
SEC . 2.33: The City Clerk shall not accept any oath or
affirmation for filing unless the same is
accompanied by the payment of the required qualifying
fee.
SEC . 2.34: All persons who have paid the qualifying
foe, signed the oath or affirmation, and
who shall have boon photo raohed and fingerprint.cd, as
hereinabove provided, shall be qualified candidates
for the office of City Councilman at the next election,
and the City Clerk shell print their names on the ballot
in alphabetical order.
ARTICLE III
Employees ' Benefit Plan
SEC . 2. 35: NAME AND ESTABLISHMENT: The City of Miami Beach
Employees' Benefit Plan, hereinafter referred to
as the "Plan", is hereby established under and by authority
of Chapter 22309, Laws of Florida, Acts of 1943, as amended
by Senate Bill 876, Laws of Florida, Acts of 1951, for the
purpose of providing hospitalization, medical and surgical
benefits for regular employees of the City of Miami Beach,
Florida.
SEC. 2. 36: DEFINITIONS: The following words and phrases,
as used in this Article, unless a different
meaning is clearly indicated by the context, shall have
the following meanings:
a. "City" shall mean the City of Miami Beach, Florida.
b. "Council" shall mean the City Council of the City
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of Miami Beach, Florida.
c. "Board' shall mean the governing board as
provided for herein.
d. "Member" shall mean any regular employee of
the City of Miami Beach, participating in this
Plan.
o. "Regular Employee"shall mean any member of the
City Council, officer, department head, servant
or agent of the City regularly receiving
compensation from the City for personal services;
except, unless otherwise qualified, members of
boards or commissions, officers and employees
who receive no salary or a nominal salary, or
persons who are employed on a provisional,
original probationary, or other temporary status •
under Civil Service regulations. For the purpose
of this article ., persons otherwise meeting this
definition of "Regular Employee" who arc granted
Leaves of Absence under Civil Service procedures
or by the City Council, and persons otherwise
meeting this definition of '4Regular Employee"
who arc injured in line of duty with the City
and who arc receiving compensation under the
IgorInnen' s Compensation Law, shall be considered
as Regular Eiploycec during such periods of
absence from active duty with the City until
formally separated from service with the City;
end Members who arc retired for service or
disability under any City pension system shall
not be considered employees. In all cases in
which the above definition requires interpretation,
the Board shall decide who is a Regular Employee
within the intent of this article.
SEC . 2. 37: GOVERNING BOARD: The Governing Board shall
consist of the. members of the Board of Trustees
of the City pension system authorized under Chapter 18691,
Laws of Florida, Acts of 1937, and shall at all times
coincide in its membership with said Board of Trustees.
SEC. 2.38: ADMINISTRATION :
a. The Board shall be responsible for general
administration, management and proper operation
of the Plan, and for making effective the
provisions of this article
b. The Board is hereby authorized to enter into
agreements, contracts or other legal arrangements
with service, insurance, or similar organizations
to provide hospitalization, medical and surgical
benefits, or any combination of such benefits;
or the Board may organize end operate any or all
parts of the Plan as a self-administered City
Plan.
c. The City Attorney, or his assistant, shall be
legal advisor to the Board.
d. The City Clerk of the City shall be treasurer
of the Plan, and shall have custody of its
funds. All payments from the funds of the Plan
shall be made by regular City vouc.hcrs, but only
after the payment shall have been previously
authorized by the Board. The City Clerk shall
also furnish such clerical and other assistance
as is required to enable the Board to properly
administer the Plan,
c, The Board shall have authority, limited by the
funds provided for its operation in the City
budget, to designate as consultants such
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specialists as Medical Doctors, Osteopathic
Physicians, Surgeons, Actuaries, 1.,ccountnnts
and Auditors, and may fix the fees for such
consulting services.
f. The fiscal year of the Plan shall begin with
January 1st and end with December 31st of
each year, and en annual report shall be
prepared covering each fiscal year' s operations,
which report shall be reviewed by auditors
selected by the Board.
SEC. 2. 39: BENEFITS: It is the intent of this Plan to
provide Regular Employees of the City protection
against serious financial reverses arising out of non-ser-
vice connected physical disabilities of the employees
and their immediate families, which a.re not intentionally
self-inflicted or the result of their own misconduct; and
this Plan is intended to supplement benefits provided for
service connected injuries by the WorlarLen' s Co.ypcnsation
Law in offering regular Employ ,es on opportunity for
protection against other physical exigencies. The general
scope of benefits shall as nearly as practicable conform
to the following:
a. HO SPI ZITI0N : Hostalization shall be
provided for all cases involving surgery, and
for illnesses under such limitations as the
Board shall determine. Rates may be separately
established, and optional, for private, semi-
private or ward accommodations.
b. HEDIC,'T S :IVICE: Medical Service shall be
provided for all illnesses requiring hospital-
ization, and for convalescence fcl1e ein
hospitalization when required, not to exceed
one ( 1) call per day. This Medical Service
may be made available in cases of illnesses
which would norma_-._ly involve hospitalization,
but which because of special circumstances is
treated in a home.
c. SURGIC'1., SERVICE: Surgical Service shall be
provided for all illnesses requiring the use °
of medical surgeon for -Durposcs of operating.
SEC . 2.40: MEMBERSHIP
P
a. Regular Employees of the City as of
January 5 11952 ` , for a period
of six ( 6) months after the Board end the City
Council shall first approve agreements, shall have
their option as to becoming members of this Plan
without preliminary medical examination. Such
Regular .Employees as do not elect to become
members within the six ( 6) month period prescribed,
may later be admitted to membership as of the
beginning of a fiscal year, subject to the passing
of a medical examination by those persons proposed
to be covered by such Regular anployee, end the
payment of such reasonable fee as the Board shall
determine.
b. Persons who become Regular Employees of the City
subsequent to 1 January 5, 1952
shall automatically be included in the membership
of the Plan without further medical examination
except that it shall not be compulsory for way
regular employee to become a member if he files
with the City COulncil a formal objection on the
grounds of religious beliefs or convictions.
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c. Membership in the Plan, once established,
shall continuo so long as the member remains
a Regular Employee as defined herein. The
Board shall proscribe conditions under which
a member who is retired under any pension
system of the City may continue his agreement
and be entitled to benefits during the period
of retirement; and may also provide means by
which members who suffer service connected
injuries and who receive benefits under the
Workmen' s Compensation Law may discontinue
agreements during such periods.
SEC . 2.4l: AGREEME'TTS: Members shall enter into agree-
ments with the Plan, which agreements shall
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be prepared by the Board and approved by the City Council,
and which may provide for optional benefits as follows:
a. Hospitalization only.
b. Hospitalization end Surgical Service.
c. Hospitalization, Nodical Service and Surgical
Service.
Such agreements may be for,mcmbcr only, nay be for member
and spouse, or may be en. a family basis including spouse
and unmarried children of cithc:r or both under the age of
nineteen (19) years. Once agreements are entered into
they may not be changed except during a period of thirty
( 30) days immediately preceding the start of a. now fiscal
year. :n. cxceotion to the above shall be made in the case
of a. member who enters into active military service in the
Armed Forces of the United States. Such member shall be
permitted to change his agreement to cover only spouse -
and children at such time as he is called to active duty.
SEC . 2.11.2: CONTRIBUTIONS:
a. Mi_PI ER: The contribution of a member shall be
one-half of the coot of the benefits provided
for in ':his agreement, as such costs are
determined by the Board.
b. CITY: The con tri bution of the City, on behalf
of the members shall be one-half of the cost
of the benefits provided for in the agreements
as such costs arc determined by the Board, but
not to exceed twenty dollars N2O. ) per year
for an agreement covering a.mcmber only, nor
to exceed forty-five dollars ( 41[5. ) per year
for agreements covering a member and his family,
The City shall make no contribution or behalf of
members who arc on Leaves of Absence other than
for training authorized in connection with their
City duties, sickness or military service; but
shall contribute at the same rate on behalf of
members who have been retired and who elect to
continue their agreements. The Board shall
ascertain annually the total Mount of contrib-
ution to be made by the City on behalf of members
of this Plan, and shall certify such amount
together with an estimate of administrative
costs, to the City Manager for his review,
roc smmcndations, and submission to the City
Council for their approval and inclusion in the
annual budget.
SEC. 2.43: PAYROLL DEDUCTIONS: The Board shall certify to
the proper authority or officer responsible for
making up payrolls, the Mount of deduction to be made from
the pay of ouch Member of this Plan, and the proper authority
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or officer responsible for making up the payrolls shall
cause to be deducted from the moneys due each member
the amount of contribution so certified. The con-
tributions of members who have been retired and who elect
to continue their agreements shall be deducted from the
payrolls of the pension system under which such members
retired; and where agreements are continued with members
who are receiving Workmen's Compensation payments, the
contributions for such members shall be deducted from
the Workmen' s Compensation payroll . Arrangements, sat-
isfactory to the Board, shall be made for the collection
of the Member contribution in such cases as the Member
is receiving no payment from the City. The amounts so
deducted or collected shall be turned over to the Treas-
urer of the Plan and paid into the funds of the Plan.
Every Member shall be deemed to consent and agree to the
deductions made and provided for herein, and shall receipt
for his full salary, Pension or Workmen 's Compensation
payment; and such payment, less the deductions provided
for herein, shall be full and complete discharge and
acquittance of all claims and demands by such Member
for the period covered by such payment, except as to the
benefits provided by the Plan.
SEC . 2 .44: INVESTMENT OF FUNDS : The Board shall be
trustee of the funds of the Plan, and shall
have authority to invest and re-invest such funds in
obligations of the City of Miami Beach, the interest and
principal of which are unconditionally guaranteed by
the City Government, or in obligations of the Federal
Government, the interest and principal of which are
unconditionally guaranteed by the Federal Government;
and subject to such limitations, the Board shall have
full power to hold, purchase, sell, assign, transfer and
dispose of any of the securities and investments in which
the funds have been invested, as well as the proceeds
of such investments and the moneys enuring to such funds .
All interest and other earnings on moneys of the Plan
shall be credited to the Plan.
CHAPTER 2 A
ADVERTISING
ARTICLE I . False or Deceptive Advertising
SEC . 2A.1 The word "person" as used in this -chapter shall
mean any person, male or female, or any firm,
association, or corporation, or any person, acting as
agent, employee or representative of any other person, or
of any firm, association, partnership or corporation.
SEC . 2A.2: It shall be unlawful for any person in the
City of Miami Beach, Florida, with intent to
sell, rent, lease or in anywise dispose of any merchandise
or service, or of any commodity, facility or accomodation
of whatsoever nature to the public, or with intent to
induce the purchase, rental, lease or use by the public,
of any merchandise, services, facilities or accommodations,
including any room or rooms, apartment or other living
or dwelling accommodations, knowingly or intentionally to
make, publish, circulate or place before the public in
this City, any sign, poster, show card, or other printed,
painted or written advertisement, or any oral or verbal
representation to the public, or to make any other form
of public representation of any nature whatsoever, regard-
ing such merchandise, services, facilities or accommodations
so offered to the public, which advertisement or other
form of public representation contains any assertion,
representation or statement which is untrue', deceptive
or misleading .
SEC . 2A.3: It shall be unlawful for any person in the
City of Miami Beach, Florida, to advertise,
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or otherwise represent to the public, in any manner
whatsoever, the prices, rates or fees to be demanded
or charged for any merchandise, facilities, services or
accommodations offered to the public, which prices,
rates or fees are so represented or stated as to be
incomplete, untrue, deceptive or misleading.
SEC . 2A.4: It shall be unlawful for any person in the
City of Miami Beach, Florida, to advertise
or otherwise represent to the public, in any manner
whatsoever, the location, type, nature, extent and
price of any housing accommodations and facilities offered
to the public, which advertising or other public -
representation is untrue, deceptive or misleading.
SEC. 2A.5: It shall be unlawful for any person in
the City of Miami Beach, Florida, to
advertise or otherwise represent to the public, in
any manner whatsoever, the brand, quality, quantity,
trade name or other character of any goods, wares
or merchandise, or service or facility of whatsoever
kind, which advertisement or other'public representation
is untrue, deceptive or misleading.
SEC. 2A.6: It shall be unlawful for any person in the
City of Miami 'Beach, Florida, to advertise,
or otherwise represent to the public, in any manner
whatsoever, a. reduction in the price of any goods,
wares, merchandise, service, facility or accommodation,
of whatsoever kind offered to the public, whether ouch
price reduction is represented in complete price figures
or by percentage of reduction under a previous price,
where said reduction is not based upon a previous bona
fide sale price or cost price theretofore advertised or
represented to the public for the articles or services
so offered to the public.
SEC. 2A.7: It shall be unlawful for any person in the
City of Miami Beach, Florida, by means of
exaggerated variations in the comparative size, location
or position of letters, figures or other markings or
characters on any price-tag, sign poster, notice, display
or advertisement or other public representation of any
nature whatsoever, to mislead or deceive, or to attempt
to mislead or deceive the public as to the true nature,
price, quantity, quality, brand or character ed.- any
goods, wares, merchandise, services, facilities or
accommodations, or as the nature of, or the reason, if
any is offered, fog the sale or offering for sale so being
made to the public.
SEC . 2/10: Any person, firm, partnership, association
or corporation violating the provisions of
this chapter, shall upon conviction thereof; be punished
by a fine of not more than One Thousand ($1,000. ) Dollars,
or by imprisonment for a period of not more than ninety
(90) days.
ARTICLE II
Handbills
SEC. 2A.9: The term "Handbill" as used in this article
means any handbill, dodger, circular, folder,
booklet, letter, card, pamphlet, sheet, poster, sticker,
banner, notice or other written, printed or painted
matter circulated to attract the attention of the public,
whether commercial or non-commercial.
SEC. 2A.10: It shall be unlawful for any person to dis-
tribute or place any handbill or handbills
upon the premises of another if requested orally or in
writing not to do so by the owner or manager of such
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promises or if forbidden to do so by an appropriate
sign posted in a. conspicuous place on such promises.
SEC . 21.. 11: It shall bo unlawful for any person to
distribute or place any handbill or
handbills on the promises of another in such a mannor
as to permit such handbill or handbills to be scattered
on or about such premises or so as to croatc * an un-
sightly appenrance on or about such premises.
ARTICLE III
Gasoline, 2.utomobilc Service
and Car Washing Stations
SEC . 2A.12: It shall be unlawful for any person, firm
or corporation engaged in the business or
occupation of selling or offering for sale any gasoline,
oil, or other petroleum product, for retail use in
motor vehicles and for immediate and direct dolivcry
to such motor vehicles by means of mechanical dispensing
equipment, to post, place or maintain at the place of
sale, any sign, placard or other advertising display
that states, reyatcs or refers to the price at which
such petroleum products ere sold, or offered for sale,
unless :
a. Such sign, placard or other display is not
larger than twelve (12) inches in height or
twelve ( 12) inches in width.
b. Such sign, placard or other display is posted,
placed or maintained on the said dispensing
equipment and at no other place in or about
the premises so offering such products for
sale.
c. Such sign, placard or other display shall
indicate thereon clearly and legibly in
numbers 0:1 uniform size, the sellin;p price
or prices per gallon of such gasoline or products
so sold or offered for sale from such pump
or other dispensing device together with the
name, trade name, brand, mark or symbol, and
grade or quality classification, if any, of such
gasoline, together with the amount of- govern-
mental
f- govern-
mental tax to be, collected in connection with
the sale of such gasoline, scpardtc and apart
from the selling price or prices.
SEC . 2A.13: It shall be unlawful for any person, firm
or corporation engaged in the business or
occupation of the servicing of motor vehicles in any
manner whatsoever, including the washing or polishing
of such motor vehiclos, to place, post or maintain at
the place of business any sign, placard or other
advertising display that states, relates or refers to
the price or prices at which such servicing, including
the washing or polishing of such motor vehicles, arc
sold, charged or offered to the public, unless:
a. Such sign, placard or other display is not
larger than twelve (12) inches in height and
twelve (12) inches in width; and
b. Such sign, placard or other price advertising
display or device is placed, posted, located
or maintained not less than fifteen Toot from
any public sidewalk, street, alley or other
public way.
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SEC . 2A.14: Nothing contained in this article shall be
u.eerued or interpreted to prohibit the
placing, posting or maintaining of any placard, sign
or other display containing only the name or names
of the above described businesses, or of the owner or
operator thereof, or the naso or names, or brand or
brands, trade names, marks or symbols, or any combin-
ation thereof of the product, products or services
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sold or offered for sale, as such placing, posting,
display construction or maintenance of such signs,
placards or other devices may be otherwise permitted
by law.
SEC . 2A.15: It shall be unlawful for any person, firm or
corporation to sell or offer for sale gas-
oline or other petroleum products for use in motor
vehicles at retail in any manner so as to deceive or
tend to deceive the purchasers as to the price, nature,
quality or identity thereof, or to sell or offer for
sale from any pump, dispensing device, or container
any gasoline or other petroleum products other than
that gasoline or other petroleum products manufactured
or distributed by the manufacturer or distributor
marketing such gasoline or other petroleum products
under the name:, trade name, brand, symbol or mark
affixed to or contained op such pump, dispensing device
or container, or to substitute, mix or adulterate
gasoline or other petroleum products sold or offered
for sale under a name, trade name, brand, symbol, or
mark.
SEC. 2:x. 16: Any person violating any of the provisions
of this article, or failing to comply with
the requirements thereof as provided, shall, upon
conviction thereof, be punished by a fine of not more
then One Thousand ($1,000.00) Dollars, or by imprisonment
for not more than ninety (90) days, or by both such fine
and such imprisonment in the discretion of the Court.
SECTION 2: That Soc. 4.13 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto at the end thereof, an additional
paragraph to road as follows:
"i. No side or end curtains will be permitted in
connection with any awnings, roller curtains,
stationary awnings, canopies, or. tents".
SECTION 3: That Sec. 4.19 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto immediately preceding the last
paragraph thereof the following: .
"C _NOPY DISTRICT D: This District shall cors ist of
the south side of Twenty-Third
Street, between the West property line of Collins
Avenue and tho East property line of Liberty _venue.
In this District permanent canopies, if erected, shall
be cantilever from the main building walls and _shall
project a. uniform distance of four feet and no inches
(LL' O") from the property line, and shall be a uniform
height above the sidewalk of ten feet and no inchos
( 10'0") .
CANOPY DISTRICT E: This District shall consist of •
the north side of Seventeenth Street,
between the west line of Alton Road and the cast lino
of that certain alley which is the extension northerly
of the alley lying between Alton Road and lrfcst Avenue.
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In t' is District permanent c anopies, if
erected, shall be cantilever from the main building
walls and shall project a uniform distance of eight
feet end no inches ( 810" ) from the property line,
and shall be a uniform height above the sidewalk of
ten feet and no inches ( 1010" ) .
CANOPY DISTRICT F: This District shall consist of
the south side of Seventeenth Street
between the East property line of Meridian .evenue end
East property line of Block 35, 44mended Plat, Golf
Course Subdivision.
In this District, permanent canopies, if
erected, shall be cantilevered from the main building
walls, and shall project a uniform distance of eight
feet ( 810" ) from the property line, and shall be a
uniform height of ten feet (10' 0" ) above the sidewalk.
CANOPY DISTRICT G: This District shall consist of the
• property along the East property
lino of Block 35, !mended Plat Golf Course Subdivision,
between the South property line of Seventeenth Street
and Lincoln Lane.
In this District, 13crmanent canopies, if erected,
shall be cantilevered from the _rain building walls, and
shall project a uniform distance of ten feet and six
inches (1016") from the property line, and shall be
a uniform height of ten feet (1010" ) above the sidewalk.
CANOPY DISTRICT ii: This District shall consist of
the east side of Meridian Avenue
between the south property line of Seventeenth Street
and the north property line of Lincoln Lane.
In this District, permanent canopies, if erected,
shall be cantilevered from the main building walls and
shall project a uniform distance of two feet and six
inches (2 f 6" ) from the property line, and shall be a
uniform height of ten feet ( 10' 0") above the sidewalk.
CANOPY' DISTRICT I : This district shall consist of
the :ast '.side of Jefferson „.',venue
from the South property line of Lincoln road to the
North property line of the alley south of Lincoln Road.
In this District, permanent canopies, if erected,
shall be cantilevered from the main building walls and
shell project a uniform distance of five feet and four
inches (5T)4,") from the property line, ,nd shall be
eleven feet (11 On) above the sidewalk.
SECTION L : That Sec. 4.20 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows :
SEC. 4.20: "The City Engineer shall be re spot,. sible
for the enforcement of this article, end
all building plans providing for such permanent canopies
shall be submitted to, and approved by him before any
building perait is issued by the Building Department;
provided, however, that no displays or signs of any kind
shall be erected on or suspended from any canopy provided
for in this article, except that signs composed of open-
faced letters, not more than twenty-four inches in
height and located not less than six inches back from
the open edge of such canopy may be erected on the upper
surf ace only, said sign and the erection t1tercof being
otherwise subject to the provisions of Chapter 32 of
this Code.
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SECTION 5: That Article II of Chapter 4 of "The Code
of the City of Miami Beech, Florida, 1950"
be and thc same is hereby amended by adding thereto at
• the cnd thereof en additional division to read as
follows:
Division 2: Ilgreement among property owners as
to design:
SEC . 4.23: In cases where all owners of
business or multiple family property
fronting on a street for a full block shall agro c
upon a uniformly designed permanent canopy projecting
from the building or buildings over the sidewalk,
such canopies may be construcrted, subject to the
following regulations:
a. general plan shall be prepared and
submitted to the City Council for approval,
and if approved, shall be retained by the City
as a public record, end all present and sub-
sequent buildings must conform to such plan,
b. pall owners of vacant property must bind them-
selves, and subsequent owners, by covenant
running with the land, to build' in conformance
with the uniform approved plan for the block,
when and if such property is built on. Certified
copies of recorded instruments containing such
covenants shall be filed with the City Clerk.
c. All owners of cxesting buildings shall bind
themselves and their successors in title in
a covenant running with the 1 and, and in en
agreement with the City, that no alterations
in building exteriors will be made except in.
conformance with the approved uniform plan,
and that the exteriors of such buildings will
be mode to conform to the uniform approved
plan within twelve ( 12) months after the
completion of any new building on adjoining
property, or within twelve (12) months after
thc completion of alterations to on existing
adjoining building in conformance with the
approved uniform plan.
d. No building of-aAt authorizing the construction
of such permanent canopy over City sidewalks
shall be issued until all the property owners
in the block under considcratti.on shall have
complied with the provisions of sub-sections
(b) end ( c ) , nor until an approved uniform plan
shall be on filo with the City.
c. Such canopies shall project a uniform distance
from the front property line of the lots, and
shall not exceed a projection of ten (10) per-
cent of the width of the street on which it
fronts, plus one (1) foot; but in no case shall
they project closer to en established. curb
line then eighteen ( 18) inches.
f. Such canopies shall be a uniform height above
the sidewalk, and n o part of such canopy shall
be loss then nine (9) feet above the grade of
the sidewalk directly under the outer edge
of the canopy.
g. Supports, if any, for such canopies shall be of
uniform design, and so far as practicable, shall
be uniformly spaced throughout a block. Such
supports shall be not more than ten (10) percent
of the street width from the property line of the
-11..
lots to the outer edge of the support, but
in no case shall any part of a support be
closer than five (5) feet to an established
curb line.
h. Canopies shall be of uniform thickness at
their outer edge, which thickness shall not
exceed twelve (12) inches.
i. Canopies end supports, if any, shall be
constructed entirely of incombustible
materials and in conformance with the
engineering and design regulations of the
Building Code.
j. No lighting, di splays, or accessories, or
appurtenances of any kind, shall be erected
on, or suspended from, any such canopy except
as provided with respect to signs in Sub-
section( ) ; nor shall such cmopies be
accessible to the public, or in any way
used for human occupancy.
k. Signs compos::d of open unlighted letters
may be erected on the face of such canopies,
or above or below such canopies at their
outer edges, and parallel to the building.
Such signs shall be in accordance with the
uniform approved plan.
1. For the purpose of this division, a block
shall be considered to be the property
fronting on one side of a street, and
extending between any two intersecting
streets. Lllcys shall not be construed as
streets.
SEC. 4.24: The provisions of this division shall take
precedence over any contrary provisions
of the Zoning Ordinance ( Ordinance No. 289
a,s ammended) , the Building Code (Ordinance
No. 592) or any other ordinances of the
City of Mi arid Beach, Florida.
SEC . 4.25: It shall be the duty of the Chief Building
Inspector to enforce this division.
SEC. 4.26: :;nay person, firm or corporation, violating
any of the provisions of this division
shall be deemed guilty of a misdemeanor,
and shall be deemed guilty of a separate
offense for each and every day, or portion
thereof, during which any violation of this
division is committed, continued or
permitted; and upon conviction, shall be
punishable by a fine of not more than Five
Hundred ($500.00) Dollars, or by imprison-
ment in the City Jail for not more than
nine ty (90) O.cys, or by both such fine and
imprisonment.
SECTION 6: That l'The Code of the City of Miami Beach,
Florida, 1950" be and the same is hereby
amended by adding thereto immediately after Chapter 8
thereof the following
CH2 PTER 8: -LEC TROLYSI S
SEC. 8:1.1: The tern "Electrolysis" as used in this
chapter is defined as "the practice of
removing surplus hair from any part of the human body
by the application of electric current to the hair
papilla by means of a needle or needles to cause
decomposition of hair papilla."
- 12
•
The term "Electrologist" shall .mean any person
who removes hair from or destroys hair on the
human body by the use of an electric ncedlc.
SEC . 8A. 2: It shall ho unlawful for any person
in the City of Mia. t Beach, Florida,
to prectice or to engage in the practi of
electrolysis, as an electrologist, with or
financial or other compensation therefor unless —,ah
person has obtained from the City Clerk of said Citj
a permit to engage in such practice.
SEC. 8.L.3: Appllaation for the permit required by
this Chapter shall be made in writing to
the City Clerk, provided that no application shall
be accepted from any person who is less than twenty-
one years old. The application shall be accompanied
by the following :
a. Medical Certificate issued not more than ten
(10) days prior to the date of the Min.; of the
application, indicating that the applicant is in
good health and free from communicable disease.
b. Miami Beach Police Identification Civilian
Registration Number.
c. Evidence, by diploma, certificate or affidavit,
that the applicant has received at least four
hundred (400) hours of practical training and
experience in the practice of oleo crolysis, ex-
tending over a period of not less than six ( 6)
months, either in a school in which the subject
is taught, or under the personal supervision
of a licensed electrologist who has practiced
not less than five (5) years.
d. Evidence that the applicant has complied with
the liability insurance requirement of Section
8L.4 hereof.
SEC. 8A.4: No permit shall be issued to any person
unless such person shall have procured a
public liability insurance policy, approved by the
City =_ttorncv, insuring such person against loss from
liability caused by malpractice or other negligence
arising out of the practice of electrolysis, in the
amount of =; 5, 800.00- for bodily injury or death to one
person, and `; 10,000.00 for bodily injury or death to
more than one person. The Permittee shall maintain
such insurance in full force and effect during the
time that said person is engaged in the practice
of electrolysis in the City of Miami Beach.
SEC . 8A. 5: Upon receipt of the application hereinabove
provided for, the City Clerk shall issue a
permit to the applicant, which permit shall expire
each year on October 31st, and may be renewed by the
City Clerk as a matter of course, upon payment by the
applicant of the license fee, provided for in Chapter
17 of this Code, accompanied by a medical certificate
as provided for in Section 8L..3 above, and evidence
of the maintenance of the public Lability insurance
required by this chapter.
SEC. 8A.6: This chapter is not intended nor shall it
be deemed or construed to conflict with
the provisions of Chapter 17 of this Code, but this
chapter shall be applicable to each person who engages
in the ura.ctice of electrolysis as hereinabove
defined.
13 ..
SEC. 8.L.7: Any person violating any of the provisions
of this chapter or failing to comply with
the requirements thereof as provided shall, upon
conviction thereof, be punished by a fine of not more
than One Thousand ( >1, 000.00) Dollars or by imprison-
ment for not more than ninety ( 90) days, or by both
such fine and such imprisonment in the discretion of
the Court.
SECTION 7: That Sec. 11.11 of "The Codc of the City of
Miami Beach, Florida, 1950" be and the same
is hereby amended to read as follows :
SEC. . it.11: PERI4IT REQUIRED - EXCEPTION; TYPE OF
CANS, FILLING CANS INSIDE BTJILDINGS:
STOFLG :; :.ND TRANSPORTATION IN VEHICLES:
It shall be unlawful for any person, firm or
corporation, without first obtaining a permit from
the Chief of the Fire Department of the City of Miami
Beach, to have, store, keep, manufacture, sell or use
gasoline, benzine, or naphtha, or other similar in-
flammable liquid, except as hereinafter provided, and
then only if such liquid is kept or stored in self-
closing metal cans made for the purpose and free from
leak; provided, however1 that no permit shall be
necessary for the storing or keepin: of a total
amount of one gallon or lees of said liquid within a
building; and provided further, that no container
shall be filled with said liquid inside a building,
cxccpt as hereinafter sot forth. Gasoline may be
stored or transported in or on motor vehicles in bulk
quantity providing the Chief of the Fire Department •
has certified that all safety regulations in conn-
ection with such storage and transportation have been
and arc being, complied with, and provided further
that those vehicles approved by the Interstate
Cooiicrcc Commi ;3ion or by the State Highway Department
for such purpose need not be so certified. No vehicles
transporting inflammable liquid in bulk shall be
left unattended in any public street, highway, avenue
or alley, except for the necessary absence of the person
in charge or control of the vehicle in connection with
his normal duties of transportation and delivery, and
except during actual discharge of said liquid where a
responsible person shall be in attendance, and except
for absence necessitated by stops for meals during the
day or night if the street is well lighted at the
place of stopping. Vehicles storing or transporting
inflammable liquid shall not be parked or garaged in
buildings other than those specifically approved for
such purposes by the Chief of the Fire Department. All
vehicles transporting gasoline on any public street,
highway or alley shall be equipped with pneumatic, rubber
tires on all wheels and provided with properly attached
rear steel bumpers. The rear bumpers or chassis
extensions shall be so arranged as to adequately protect
the draw off valve or faucets in case of collision.
All storage or transportation tanks installed on motor
trucks shall be of the type of construction approved
by the Interstate Commerce Commission for such purposes,
and all tanks, chassis, axles, and springs shall be metall-
ically connected. Every such tank truck shall be
equipped with atleast one hand fire extinguisher of a
type approved by the Chief of the Fire Department.
SECTION 8; That Par. (k) of ec. 21.2 of "The Code of the
City of Miami Beach, Florida, 1950" be and the same
is hereby amended to read as follows :
- 1L1.
" k. The utilization of any vehicle on any
public street, avenue or alley in the City of
Miami Beach, while such vehicle is in motion or
is stopped or parked other than at a legal parking
space, in or upon which vehicle is functioning
or being used or operated any mechanical loud-
speaker, sound amplifier or other mechanical or
musical sound-making device, or any band, orchestra
or musical instrument for the purpose of advertising,
soliciting or attracting the attention of the
public for any purpose whatsoever. "
SECTION 9 : That Sec . 22 .14 of "The Code of the City of
Miami Beach, Florida, 1950" be and the same
is hereby amended to read as follows :
"SEC . 22.14: It shall be unlawful for any person
while in or on any public street,
avenue or alley, or any park, beach, structure,
building or other property or place owned, main-
tained or operated by the City of Miami Beach for
public use, to sell, rent or offer for sale or
rent to the public, any article, commodity or
service of any nature whatsoever, other than news-
papers of general circulation duly entered in the
Post Office Department of the United States;
provided, however,, that this section shall not
apply to employees of the City acting for and on
behalf of the City, or to persons specifically
authorized to render service to the public in any
place or places above described, by the City
Council of the City of Miami Beach. "
SECTION 10 : That Chapter 22 of "The Code of the City
of Miami Beach, Florida, 1950" be and the
same is hereby amended by adding thereto immediately
after Sec . 22 .17 thereof, additional sections to read
as follows :
SEC . 22 .17 .1 : In the event of any violent,
sudden, or casual death or in
the event that any dead body shall be found
within the limits of the municipality of Miami
Beach it shall be the duty of any citizen, who
becomes aware of the death, to report the same
immediately to the nearest police officer, and to
the Police Station of the City' of Miami Beach.
Any person who shall wilfully neglect or refuse
to report such death, or who shall wilfully
touch, remove or disturb the body of any such
person, or who shall wilfully touch, remove or
disturb the clothing, or any article , upon or near
such body, shall be guilty of a misdemeanor and
subject to the penalties and fine as provided by
law.
SEC . 22 .17 .2 : Upon any such death, the police
officer, or those in charge at the
time of the municipal Police Station, shall
immediately notify the representative of the State
of Florida, to wit : the Coroner of the -
district of such death.
SECTION 11: That Sec . 22 .27 of "The Code of the City
of Miami Beach, Florida, 1950" be and
the same is hereby amended to read as follows :
SEC . 22 .27 : Except as may otherwise be
authorized by law of the State of
Florida, it shall be unlawful for arty person,
by himself, his servant, clerk or agent, or in
any other manner to have , keep, exercise or main-
tain a gaming table or room, or gaming implements
-- 15 -
or apparatus, or house, or booth, tont, shelter or
other place for the purpose of gaming or gambling,
or in any place of which he may directly or indirectly
have charge, control or management, either exclusively
or with others, to procure, suffer or permit any
person to play form oney or other valuable thing at any
game whatsoever.
It shall be unlawful to act as servant, clerk, agent
or employee of any person in violation of the preceding
paragraph.
SECTION 12: That Sec. 22,28 of "The Codc of the City of
Miami Beach, Florida, 1950" be and the same
is hereby amended to read as follows :
"SEC . 22. 28: Except as may otherwise be authorized
by law of the State of Florida, it shall
be unlawful for any person in the City of Miami Beach,
Florida, ?:movingly to have in his possession or in his
custody or under his control, for the p urposo of gaming
or gambling, any writing, slip, paper or document which
represents or is a memorandum of, or is evidence of,
or which is designed or intended to be used in the
process of making, settling, paying, registering or
recording of any bet or wager of any money or other
thing of value upon the outcome or result of any contest,
race or game of any kind or nature whatsoever. Proof
of the possession, custody or control by the defendant
of any writing, slip, paper or document hereinabove
described shall be prima facie evidence that said writing,
slip, paper or document was in the possession, custody
or control of the defendant for the purpose of gaming
or gambling.
SECTION 13: That Sec. 22.30 of "The Code of the City of Miami
Beach, Florida, 1950, 'bo and the samc is hereby
amended to read as follows:
"SEC. 22.30: Except as may otherwise be authorized by
law of the State of Florida, it shall be
unlawful for any person in the City of Miami Beach,
Florida, to play or engage in any game of cards or any
other game of chance in any manner whatsoever for money
or other things of value. "
SECTION 14: That Sec. 24. 3 of "The Code of the City of Miami
Beach, Florida., 1950" be and the same is
hereby amended to read as follows:
"SEC. 24.3: No person, firm or corporation shall
conduct, operate or maintain a parking lot
without first obtaining a license therofor from tho
City Clerk of the City of Miami Beach, Florida; and no
license shall be granted until the applicant for such
license shall file with the City Clerk his written
application on a form to be provided by the City Clerk,
which application shall have been approved by the
Traffic Director of the City of Miami Beach, whose
duty it ' shall be to enforce the provisions of this
chdptor. . Each application shall be signed and
verified, under oath, by the applicant if an individual,
or by a duly authorized agent, if a partnership or
a corporation, and shall contain such information as the
City Council may, in its discretion, require. "
SECTION 15: That Sc-c. 24.4 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows.:
— 16 —
"SEC. 24..4: All operators of parking lots shall
construct and maintain permanent
substantial barriers to be placed five (5) foot
from the side and rear property lines of such lots
or thc portions thereof liccnscd for parking lot
purposes. An opaquc wall or fence, not less than five
(5) foot in height, of material and construction to
bo approved by thc Chief Building Inspector, or as
opaque dense hedge, not loss than five (5) feet in
height, shall be erected or placed and maintained
upon thc side and roar linos of parking lots whore
such side or rear lines arc within fifty ( 50) foot
of any existing dwelling, apartment building or
hotel, or any dwelling, apartment building or hotel
hereafter erected; provided, however, that the
requirement of walls, hedges or fences along roar or
side linos of parking lots, may be waived by the
Traffic Director where the occupants of the abutting
property consent to such waiver in writing. The
consent of the owner, manager or other person in
custody or control of multiple family or business
property abutting the parking lot shall be doomed to
be consent by all the occupants.
SECTION 16: That Scc. 24.5 of "The Codc of the City of
Miami Beach, Florida_, 1950" be and the same
is hereby amend ed to read as follows:
"SEC . 24.5: All parirg.lots shall be so constructed
and mai eta .nod as to provide a smooth
surface, adequately drained, that will not retain
w-ater, and that will remain free of dust or loose
particles. Nothing contained in this chapter shall
be deemed or construed to waive or modify any of the
provisions of any ordinance of the City of Miami
Beach, Florida., regulating the use, erection or
maintenance of land and buildings or structures within
the City. "
SECTION 17: That Sec. 24.9 of "The Code of the City of
Miami Beach, Florida, 1950" be and the same
is hereby canendod to read as follows:
"SEC . 24.9: Operators of parking lots shall place and'
maintain at each vehicle entrance thereto,
printed signs, conspicuously and legibly advertising
the price or fees charged for the parking of motor
vehicles thereon, and indicating in two (2) inch red
letters the City license or permit number issued to
said operator. "
SECTION 18: That Article 2 of Chapter 35 of "The Code of
the City of Miami Beach, Florida, 1950" bo
and the stVae is hereby amended by adding thereto immediately
after Scc. 35,39 thereof an additional Section to road as
follows:
•
"SEC . 15.39.1. The Chief of Police, with the approval
of the City Manager, shall designate
certain locations on public streets or other public
places in the City of Miami Beach as Taxi Stands in
a number sufficient to allow at least one parking place
for each taxicab licensed to operate within the City
of Miami Beach. The Chief of Police shall dcsigna.to
the number of vehicles which shall be allowed to stand
in each Taxi Stand so designated and shalt mark by
appropriate signs the location of each Taxi Stand so
designated and- the number of vehicles allowed to be
parked therein.
-. 17 -
Only taxicabs in such numbers as arc set forth on the
taxi stand signs may remain at the stand while waiting
for employment, and only in single file pointed in
accordance with the traffic regulations. No taxicab
standing at the head of any such line shall refuse to
carry any orderly pors on applying for a taxicab who
agrees to pay the proper fare, but this shall not
prevent any person from selecting any taxicab he may
desire on the stand, whether it be at the head of the
line or not, and as the taxicabs leave the lino with
passengers, those behind shall move up, and any
taxicab seeking a space on the stand shall approach
same only from the rear of the stand and shall stop as
near as possible to the last cab already in the line.
The driver of taxicab shall not attempt to avoid
taking his place in a taxi stand by any subterfuge
whatsoever, including but not restricted to turning
into a curb ahead of such taxi stand, or by turning
into or parking in the driveway of any building adjacent
to such taxi stand. Turning into the curb ahead of
such ::taxi stand, or turning into or parking in the
driveway of any building adjacent to such taxi stand
shall be prima facie evidence of a violation of this
section.
No taxicab owner nor any taxicab driver nor employee
of either, shall offer or give any money or anything
of value to the owner, lessee, or employee thereof of
any building adjacent to a taxi stand for the purpose
of obtaining patronage ahead of taxicabs standing
in such adjacent taxicab stands. •
For the purpose of this section, a building adjacent
to a taxi stand shall be considered as any building
within a radius of 200 feat of such taxi stand with
the main entrance of such building being visible
to such taxi stand.
Any person violating any of the terms of this Section
shall, upon conviction thereof, be punished as
provided in Section 1.8 of "The Code of the City of
Miami ami Beach, Florida, 1950".
SECTION 19 : That Chapter 35 of "The Code of the City of
Miami Beach, Florida, 1950" be and the same is '
hereby amended by adding thereto irr .ediatoly after Sec. 35.69
thereof an additional Section to read as follows :
"SEC. 35.69.1: The Chief of. Police, with the approval
of the City Manager, is hereby auth-
orized and required to establish bus stops on the public
streets in such places and in such number as he shall
determine to be of the greatest benefit and convenience
to the public, and shall appropriately designate such
bus stops."
SECTION 20: That Sections22.91, 22.92 and 22.93 of "rhe Code
of the City of Miami Beach, 1 950" be and they
are hereby repealed and deleted.
SECTION 21 : That Soc. 7.12k of "The Code of the City of
Miami Beach, Florida, 1950" reading as follows :
"SEC . 7.122: DISPLAY OF SIGNS ADVERTISING SALE IN
STORE WINDOWS:
All signs advertising or announcing a going out
of business sale, displayed in a store display window,
18
shall not be any largcr than two, fect by three
foot, and there shall be only one such sign for
each such display window, but in no event more
then two such signs in any one business establishment,
and such sign or signs shall not bc pastcd or
attached to the window, but shall bc displayed within
the ,display window. II
be end the sa e is hereby amcndcd to read as follows:
`SEC, 7,1$: DISPLAY OF SIGNS ADVERTISING SALE IN
STORE ?°TINDOWS:
All signs advertising or announcing a going out
of business sale, displayed in a store display window,
shall not be any larger than two feet by three feet,
and there shall be only one such sign for each such
display window, but in no event ^l.orc than two such
signs in any one business establishment, and such sign
or signs shall not be pastcd or attached to the window,
but shall be displayed within the display window. "
SECTION 22: That Ordinance Number 1035, entitled "An
Ordinance of the City of Miami Beach, Florida,
Providing for the Time and Method of Qualifying as
Candidates for the Officc of City Councilman"bc and the
same is hereby repealed,
SECTION 23: That Section 17,16( 73) of "Tho Code of the City
of Miami Beach, Florida, 1950" reading as
follows :
"(73) (Omitted) "
be and it is hereby amcndcd to read as follows:
"(73) Electrologists . . . . . . . . . 540.25"
SECTION 24: All ordinances or parts of ordinances in
conflict herewith be and the same arc hereby
repealed.
SECTION 25: This ordinance shall go into effect immediately
upon the pass age and posting as required by
law,
PASSED and ADOPTED this 7th day of
.ADrj_1 , A, D. 1954.
,- Mayor
ATTEST:
C. W. Tomlinson, City Clerk
By: 4 r L / I, ' --
'e.0 y City Clcr
1st reading - March 17, 1954
2nd reading - March 17, 1954
3rd reading - April 7, 1954
POSTED - April 8, 1954
- 19
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. 1107, entitled: VAN ORDINANCE AMENDING
'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950",
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'.8th day of April, A. D. 1954, 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 19th day of May, A. D. 1954.
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