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Ordinance 1139 ORDINANCE NO. 1139 AN ORDINANCE AMENDING "THE CODE OF THE +CITY OF MIAMI BEACH, FLORIDA, 1950" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECT ON 1. That Section 37.96 of "TheCode of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 37 .96 (A) The city manager is authorized and directed to establish, as traffic conditions may require, zones to be known as "parking meter zones" upon such streets in the city as he shall select for the location of such zones, and to cause parking meters to be installed and parking meter spaces to be designated as hereinafter provided, and shall fix the time limitation for legal parking in such zones and spaces . The city manager, from time to time, may add to, change or abandon such parking meter zones . In selecting, changing or abandoning such parking meter zones, the city manager shall be guided and governed by location, amount of traffic, the demand for parking space, the congestion of traffic, the use of the street and any other conditions which may be existent . (B) The city manager shall take steps to pay for the protection and maintenance of parking meters from the receipts, funds and revenue received fr m the operation of such parking meters . SECTION 2 . That Section 37 .97 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 37.97. (a) The manager of the metered parking system shall manage the entire metered parking system, including on-street and off-street parking . (b ) The manager of the metered parking system shall supervise the collections, meter installations and removals, meter maintenance and repairs, meter stores, the equipment and vehicles used in connection with the metered parking system, and shall supervise the enforcement of the provisions of this Code governing the use of the parking meters by the public . (c ) The manager of the metered parking system shall perform such other duties in connection with the supervision of the operation of the metered parking system of the city as the city manager may direct . . " OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 3. That Section 37.105 of "The Code of the City of Miami Beach, Florida., 1950" be and the same is hereby amended to read as follows: "SECTION 7.10 . (A) It shall be the duty of the parkin-r meter checkers of the city, acting in accordance with instructions issued by the manager of the metered parking system to issue a notice to the violators of section 37.99 and 37.100 of this code containing the following information: ( a) The number of each parkinr meter which indicated that the vehicle occupying the parking space adjacent to such parking meter is or had been parked in violation of any of the provisions of Section 37.99 or 37.100 of this code. (b) The state and license number of such vehicle. (c ) The date and time at which such vehicle was seen or found by him to be parked in violation of any of the provisions of Section 37.99 or 37.100 of this code. (d) Any other facts, a laowledge of which is necessary to a thorough understanding of the circumstances attending such violation, and to facilitate the determining of ownership of such vehicle. (B) When the operator of the vehicle is not available, each such parkin,. meter checker shall attach to such vehicle a notice to the owner thereof that such vehicle has been parked in violation of a provision of Section 37.R9 or 37.100 of this code, and instructing such owner to report to the traffic violations bureau of the city within five (5) days in regard to such violation. " SECTION 4. That Section 37.130 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "SECTION 37.130. Tuere shall be provided in quadruplicate suitable serially numbered forms for notifying violators to appear and answer to charges of violating traffic laws and this code. Such forms shall be issued to and receipted for by the chief of police or other person acting for him. Such forms shall also be issued to and receipted for by the manager of the metered parking system or other person acting for him. The traffic violations bureau shall each day report to the city manager, chief of police and municipal judge the disposal made by the police of all quadruplicate forms issued to them. The traffic violations bureau shall each day report to the city manager, manager of metered parking system and municipal judge the disposal made by parking meter checkers of all quadruplicate forms issued to them. For purpose of audit, the city clerk or his representative shall have access to the necessary records of the police department, the metered parking system, the municipal court, and the traffic violations bureau. These reports shall be public records." - 2 .. OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 5. That Section 37.131 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "SECTION 37.131. Except when authorized or directed by the municipal judge, or directed under state law to immediately take a person before a magistrate for the violation of any traffic laws, a police officer who halts a person for such violation and does not take such person into custody under arrest, shall take the name, address and operator's license number of the alleged violator, the registered number of the motor vehicle involved, and any other necessary information mailable, and shall issue to him in writing, a notice to answer to the charge against him at a place and at a time within five (5) days after such alleged violation, to be specified in the notice. The officer, after serving a copy of saidnotice upon the violator, shall release such person from custody. " SECTION 6. That Section 37.132 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "SECTION 37.132. Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinances of this city or by state law, the officer finding such vehicle shall take its registration number and shall take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice in writing for the driver to answer to the charge against him within five ( 5) days from the date of the violation and at a place specified in the notice. Whenever any motor vehicle without driver is found parked in violation of any of the provisions of Sections 37.99 and 37.100 of this code, the parking meter checker finding such vehicle shall take its registration number and shall take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice in writing for the driver to answer to the charge against him within five (5) days from the date of the violation and at a place specified in the notice. Whenever any motor vehicle with driver is found parked in violation of any of the provisions of Sections 37.99 and 37.100 of this Code, the parking meter checker finding such vehicle shall take the name, address and operator' s license number of the driver, the registered number of the motor vehicle involved and any other necessary information available, and shall issue to the driver a notice to answer to the charge against him within five (5) days from the date of the violation and at a place specified in the notice. " SECTION 6. That all ordinances or parts of ordinances in conflict herewith be and the same hereby are repealed. 3 r OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 7. That this ordinance shall go into effect immediately upon its passsge and posting as required by law. PASSED and ADOPTED s 3rd day of Nov-tuber A. D. 1954. 1 � t Vi - Mayo , ATTEST: C . W. TOMLINSON, City ‘lerk • Deputy i y Cler. 1st reading - October 20, 1954 2nd reading - October 20, 1954 3rd reading - November 3, 1954 POSTED - November 4, 1954 OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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. 1139, entitled: "AN 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 A Beach, one of which was at the door of the City Hall in said City on the 4th day of November, 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 5th day of January , 1955. C. W. ., 1 nson, City Clerk BYL� ...i.. / , Deputy Cir/ Clerk V 1 • •.H • (1.) rn o 0 z P, N- rn w ma) 4: a) Z H Ric) a) A al 0. .4Nccdd O O 4-) r O bo z c O Ts T I faO a) n-1 r-1 �C cd v-1 0.4 ea