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Ordinance 1169 ORDINANCE N0. 1169 AN ORDINANCE AMENDING "TIIE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" . BE IT ORDAINED BY THE CITY COUNCIL OF TIS, CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 8 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Section 8.8 a new section to be known as Section 3.8.1, reading as follows : "SECTION 8.8.1 . It shall be unlawful during the eighteen (18) days preceding the day of any municipal election in Miami Beach, Florida, to publish or circulate or cause to be published or circulated, any charge against, or attack upon any candidate who is to be voted upon at such election, unless a copy of such charge or attack has been served personally upon the candidate against whom made at least eighteen (18) days prior to the day Of the election. Any answer to a charge or attack that contains defensive matter, or any statement which consists of the citation of, reference to, or quotation from a public record, shall not be construed to be a • charge or attack. Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not more than one thousand dollars or imprisonment in the city jail for not mare than ninety (90) days, or both such fine and imprisonment in the discretion. of the municipal judge . " SECTION 2. That Chapter 12 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto immediately after Section 12.10 three additional sections to be known as Section 12.11, Section 12.12 and Section 12.13 respectively, reading as follows :- "SECTION 12.11 . A harbor line is hereby established in the Atlantic Ocean between the northerly line of 44th Street produced easterly and the northerly line of Lot "A" of The Indian Beach Corporation' s Subdivision produced easterly located as follows : Beginning at a point which is on the northerly line of 44th Street produced easterly and three hundred eleven (311 ) feet easterly of the easterly line of Collins Avenue, as said Collins Avenue is shown on the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book Five (5), Pages Seven (7) and Eight (8) of the Public Records of Dade County, Florida; thence run in a northerly direction seven hundred (700) feet more or less, to a point on the northerly line produced easterly of Lot "A" of the Indian Beach Corporation' s Subdivision, as shown on the Amended Plat thereof recorded in Plat Book Eight (8), Page Sixty-one (61) of the Public Records of Dade County, Florida, said point being five hundred sixty-two and four-tenths (562.4) feet easterly of the easterly line of Collins Avenue, measured along the said northerly line of Lot "A", and the said northerly line produced easterly. " - 1 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 12.12. That no bulkhead or other structure, except groins shall be constructed or erected which shall be easterly of the line described in the preceding section. That no material shall be excavated from the Atlantic Ocean for the purpose of backfilling any bulkhead. That no groins shall be constructed or erected which shall extend into the ocean a distance of more than 200 feet from the harbor line described in the preceding section. That notwithstanding the location of the harbor line described in the preceding section, no seawall, bulkhead, fill or other structure shall be constructed on or across the foreshore of the Atlantic Ocean, as the same shall exist and be located from day to day, being that area lying east of the mean high water line of the Atlantic Ocean, except that groins or jetties built at right angles to the beach in an east-west direction, the object and purpose of which are to preserve the existing beach, to trap the sand and to improve or enlarge the beach may be constructed, but the authority for the erection of such groins or jetties shall not include authorizing or permitting erection of fences or walls across the foreshore or out into the ocean, the object or effect of which are to obstruct and prevent passage of the public along the foreshore portion of the beach. SECTION 12.13. Any person convicted of the violation of any of the provisions of the two preceding sections shall, upon conviction, be fined not exdeeding $500.00 or be imprisoned in the city jail not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the municipal judge . Each day that a violation is permitted to exist shall constitute a separate offense. " SECTION 3. 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 Section 22.33 thereof, three additional sections to be known as Section 22.33.1, Section 22.33.2, and Section 22.33.3 respectively, reading as follows : "SECTION 22.33.1 . It shall be unlawful for any person to permit any male person to exhibit or display himself costumed, clothed, garbed or apparaled in any manner not appropriate to his sex, or otherwise to impersonate a member of the female sex in any play, dialogue, theatrical production, pantomime, stage or floor show or act within the city. OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 22.33.2. It shall be unlawful for any male person to exhibit or display himself costumed, clothed, garbed or appareled in any manner not appropriate to his sex, or otherwise to impersonate a member of the female sex in any play, dialogue, theatrical production, pantomime, stage or floor show or act within the city. SECTION 22.33.3. The provisions the two preceding sections shall not apply to theatrical performances sponsored by accredited schools, colleges and universities or moving pictures in a licensed theater or in public parades . " SECTION 4. That Section 22.J7.1, Section 22.37 .2 and Section 22.37.3 of "The Code of the City of Miami Beach, Florida, 1950" be and the same are hereby repealed. SECTION 5. That Chapter 22 of "The Code of the City of Miam_ Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Section 22.41,three new sections to be known as Section 22.41 .1, Section 22.41.2 and Section 22.41 .3, respectively, reading as follows : "SECTION 22.4-1 .1 . It shall be unlawful for any person to dive, leap or jump from the municipal pier into surrounding waters, or for any person to swim, wade, bathe or float, by any means whatsoever, in said waters within one hundred (100) feet of any point of said municipal pier, excepting that portion of said waters on the land side of said municipal pier beginning at the mean high water mark and extending to a point two hundred (200) feet seaward. Nothing herein contained, however, shall apply to lifeguards, firemen or police- men employed by the city, or other persons engaged in, or aiding in, emergency rescue work. SECTION 22 .41 .2. It shall be unlawful for any person to operate, or cause to be operated, any boat, vessel, surfboard, tube or raft in the waters within one hundred (100) feet of any point of the municipal pier, except while engaged in, or aiding in, emergency rescue work or pier maintenance work for the city. SECTION 22.41 .3. It shall be unlawful for any person to loiter, stand, sit, idle, lounge, sleep or lodge on the beach underneath the structure of the municipal pier. " SECTION 6. That Section 22.55.1, Section 22.55.2 and Section 22.55.3 of "The Code of the City of Miami Beach, Florida, 1950" be and the same are hereby repealed. SECTION 7. That "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Chapter 32 thereof, the following: OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "CHAPTER 32A - SOLICITING SECTION 32A.1. It shall be unlawful for any person to solicit advertising, or to solicit, or sell, or offer to sell merchandise or subscriptions, contracts for magazines, pamphlets, books or periodicals within the City of Miami Beach, where it is represented or asserted that any religious, charitable, patriotic, fraternal, philanthropic or political organization is to receive the benefit therefrom, without first having obtained a permit from the city manager as provided in Section 32A.6 of this Code. Such prohibition shall include personal solicitation, solicitation by mail, telephone or otherwise . SECTION 32A.2. It shall be unlawful for any person to solicit advertising, either in person, by mail, telephone or otherwise, for any local magazine, booklet, directory, pamphlet, newspaper or periodical, without first having filed a sworn statement with the city manager containing the following information: (1 ) Number of copies of the publication to be distributed. (2) Number of copies distributed per average issue for previous year, if any. 3 Frequency of issue during current year. t Frequency of issue during past year, if any. 5 Method of distribution and whether free or otherwise . This information shall be available to the public at all times . This section shall not apply to regular publications now required by law to file a statement of circulation with the United States Post Office Department. SECTION 32A.3. It shall be unlawful for any person to solicit or to obtain either in person, or by mail, telephone, or otherwise, any alms, moneys or gifts, either directly or indirectly, within the city by one or more of the following methods : (1 ) Without first having obtained a permit as provided in Section 32A.6 of this Code. (2) By misrepresenting the name, occupation, financial, physical and social condition or residence of the person soliciting, or the beneficiary of the funds solicited. SECTION 32A.24. It shall be unlawful within the city to solicit either in person, or by mail, telephone, or otherwise, or to accept alms, moneys or gifts for any person, religious, charitable, patriotic, fraternal, philanthropic or political organization, to promote or participate in any entertainment, fair, bazaar, benefit dances, or carnival, or to offer tickets for sale therefor in the name of charity, patriotism, fraternalism, philanthropy or politics; or to solicit or accept gifts by any organization, without first having obtained a permit from the city manager as provided in Section 32A.8 of this Code. SECTION 32A.5. It shall be unlawful within the city for any person to conduct a rummage sale or to sell, or offer for sale, any merchandise or any property which has been collected for sale for religious, charitable, philanthropic, fraternal, patriotic or political purposes, except on the premises of such organization, without first having obtained a permit from the city manager as herein- after provided. - 4 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 32A.6. In order to obtain a permit for any of the activities described in Section 32A.1 of this Code, the applicant and the organization, after filing the statement with the city manager, as required by Section 32A.2 of this Code, shall thereupon file with the advisory committee, as constituted by Section 32A.15 of this Code, a written application under oath, signed by the applicant, together with an executive officer of the organization which he represents, containing the following information: 1 Date, 2 Name of solicitor. 3 Address of solicitor. 4 Length of residence in the city. 5 Name of principal . 6 Address of principal . 7 Percentage of funds solicited to be paid the solicitor, or if payment is to be made in the form of a salary, the amount thereof; the name and address of the person having charge of the financial books and records of such organization, and the name and address of the person having charge of the funds of such organization. The signatures of such persons shall appear on the application. (8) The names and addresses of not less than three qualified electors of the city, who are freeholders and non-members of the organization and who endorse the activities of such organization. The signatures of such persons shall appear on the application. p) The method and manner of solicitation. 0) Such other information as may be required by the advisory committee, in order for it to determine whether such solicitation is in the interests of, and not inimical to the public welfare . SECTION 32A.7. Whenever the advisory committee, as constituted by Section 32A.15 of this Code, shall be satisfied with the application filed as set forth in Section 32A.6 of this Code, the committee shall recommend that such permit be issued. SECTION 32A.8. In order to obtain a permit for any of the activities described in Section 32A.4 and Section 32A.5 of this Code, the applicant and organization which he represents shall first file with the advisory committee, as constituted by Section 32A.15 of this Code, a written application under oath, signed by the applicant and an executive officer of the organization which he represents, containing the following information: 1 Name. 2 Address . 3 Age . 24Sex. 5 Occupation, 6 Nationality. 7 Length of time resident of the city. 3 Purpose for which alms or gifts are to be used. 9 Commission or compensation paid to solicitor, and the names and addresses of three qualified electors of the city vrho are freeholders and non- members of the organization and who endorse the activities of such organization. The' signatures of such persons shall be contained on the application. (10) Name of organization applying for a license to solicit, and the address of its headquarters . (11 ) Names and addresses of its principal officers and - 5 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA management. (12) The name of the person or persons by whom the receipts of such solicitation shall be disbursed, and whether such person or persons are qualified electors of the city. (13) The name and address of the person or persons who will be in direct charge of conducting the solicitation. (14) An outline of the method or methods to be used in conducting the solicitations . (15) The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitation. (16) The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions, or emoluments are to be expended, to whom paid, and the amount thereof. (17) A financial statement for the last preceding fiscal year of any funds collected for the purposes set out in Section 32A.4;- and Section 32A.5 of this Code, by the organization or persons seeking a license for such solicitations; said statement to give the amount of money so raised, together with the cost of raisins it, and final distribution thereof. (18) A full statement of the character and extent of the charitable, religious, philanthropic or political work being done by the applicant organization within the city. (19) Such other information as may be required by the advisory committee in order for such committee to fully determine the kind and character of the proposed solicitation, and whether such solicitation is in the interests of, and not inimical to, the public welfare. (20) A statement that the total cost of raisins funds, including any amounts to be paid to any solicitor or solicitors, either directly or indirectly, will not exceed 15 percent of the total amount to be raised. (21 ) A statement to the effect that, if a permit is grE:nted, it will not be used or represented in any way as an endorsement by the advisory committee or by any member thereof, or by the city. SECTION 32A.9. Upon compliance with the rules and regulations set forth in Section 32A.1 to Section 32A.8 inclusive of this Code, governing the application to the advisory committee for a permit, and upon payment of the sum of Three (03.00) Dollars to the city to cover the cost of issuing such permit, the city manager shall thereupon issue the permit which, when signed by the city manager, shall be valid for the period of time therein specified, not to exceed sixty (60) days from the day of issuance . SECTION 32A.10. The permit herein described shall be inscribed upon a card, and endorsed there- on shall appear the following language : 'Not transferable and not to be construed as an endorsement or recommendation by the City of Miami Beach. ' Such permit may be renewed upon the expiration thereof, provided that a new application has been made and the conditions herein specified have been fulfilled. Such permit shall not be transferred, and may OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA be revoked at any time by the advisory committee for proper cause shown after the holder of such permit has been afforded an opportunity to be heard by the advisory committee. SECTION 32A.11 . It shall be unlawful for the holder of any permit issued under this chapter, or any solicitor employed by the holder of such permit, to solicit funds, donations, contributions, alms, moneys, merchandise, subscriptions, contracts for magazines, pamphlets, books or periodicals, or advertising, when the total administrative cost of raising funds, donations, contributions, alms, moneys, merchandise, subscriptions, contracts for magazines, pamphlets, books or periodicals, or advertising obtained from such solicitation, including any payment to solicitors, directly or indirectly, shall exceed 15 percent of the total amount to be raised. SECTION 32A.12. It shall be unlawful for the holder of any permit issued under the provisions of this chapter, or solicitor employed by it to solicit contributions, donations or advertising without complying with the following regulations : (1) A receipt stating the amount of the contribution or donation shall be given to each subscriber or donee and shall be signed by the solicitor when the donation exceeds the sum of 350, except for contributions in containers or authorized Tag Day. (2) Such receipt shall state the percentage of the donation solicited to be 'paid any one by reason of the procurement ' of the subscription, advertisement or donation, and if compensation of the solicitor is not to be paid in the form of a percentage, then the rate of salary per day, week or month shall be therein set forth. (3) stch receipt shall contain the name of the chief executive officer and the name of the person having charge of the books and records of such organization, together with their respective addresses. (4) Such receipt shall also contain the number of the city permit authorizing the solicitation and when the permit was issued. SECTION 32A.13. It shall be unlawful for any organization obtaining a permit under the provisions of this chapter to engage in the activities authorized by such permit without maintaining books and records setting forth a list of and amount of contributions received, the expenses incurred in obtaining such funds for religious, charitable, patriotic, fraternal, philan- thropic or political purposes; such books and records shall be maintained within the city and shall be open to inspection by any authorized representative of the advisory committee at all reasonable hours . SECTION 32A.14. The provisions of this chapter shall not apply to any established society, association or corporation which is organized and operated exclusively for cultural, educational, hospital, religious, philanthropic, benevolent, fraternal, political, charitable or reformatory purposes, not operated for pecuniary profit, OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA where no portion of the net earnings of which inures to the benefit of any person, private shareholder or individual, or where the solici- tation of such organization shall be conducted among the members thereof by other members or officers thereof voluntarily and without remun- eration for such solictations, or where such solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious, society, lodge, benevolent order or fraternity, or similar organization or any branch thereof. SECTION 32A.15. An advisory committee to be composed of the assistant city manager, seven other persons to be appointed by the city council and two (2) other persons to be appointed by the city manager, shall be created to serve without compen- sation and shall continue to serve for 2 years, and it shall be the duty of' such advisory committee to investigate each application for a permit required under the provisions of this chapter, and it shall maintain each application on file, together with its recommendation thereon and subject to inspection at any reasonable time. The committee shall have power to recommend the issuance of permits and revoke permits as herein provided, and the further power to summon witnesses, take testimony, direct investigations, conduct hearings, and do and perform all other acts which may be necessary and proper within the scope of its duties and functions. SECTION 32A.1S, It shall be unlawful for any one to procure another to do on his behalf that which would be unlawful for him to do under this chapter. SECTION 32A.17. Any person violating the provisions of this chapter shall upon conviction thereof, be punished as provided by Section 1.8 of "The Code of the City of Miami Beach, Florida, 1950" . In addition thereto, the permit held by such person or organization may be revoked, in the discretion of the advisory committee ," SECTION 8. That "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Chapter J3 thereof, the following: "CHAPTER 33A - SUMMONS AND WARRANTS "SECTION 33A,1 . The municipal judge, or associate municipal judge, or the city clerk may issue warrants against persons charged on oath with violating the ordinances of the City of Miami Beach, Florida. SECTION 33A,2, A warrant may be issued for the arrest of the person complained against if the judge or the clerk, from the examin- ation of the complainant or the other witnesses, if any, has reasonable ground to believe that any - 3 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA ordinance was violated and that the person against whom the complaint was made, committed such violation . ` SECTION 33A.3. The warrant of arrest shall : 2 Bet iig sntie thae f She ofenlrida; 3 Command that the person against whom the complaint was made be arrested and brought before one of the judges of the municipal court; (4) Specify the name of the person to be arrested or, if his name is unknown; to the officer issuing said warrant of arrest, designate such person by any name or description by which he can be identified with reasonable certainty; (5) State the date when issued; Be signed by the officer issuing the warrant with the title of his office; and (7) Be endorsed with the amount of bail and the return day. SECTION 33A,4. The warrant' shall be directed to the Chief of Police and shall be executed only by the Chief of Police or a duly authorized police officer of said city. An arrest may be made on any day and at any time of the day or night. SECTION 33A.5. A summons instead of a warrant of arrest . shall be issued unless the issuing officer has reasonable ground to believe that the person against whom the complaint was made will not appear upon a summons, in which case he shall issue a warrant of arrest. SECTION 33A.6. The summons shall set forth substantially the nature of the offense, and shall command the person against whom the complaint was made to appear before one of the judges of the Municipal Court at a time and place stated therein. SECTION 33A.7. If the person fails to appear as commanded by the summons, a warrant of arrest shall be issued. If, after issuing a summons, the issuing officer becomes satisfied that the person summoned will not appear as commanded by the summons he may at once issue a warrant of arrest." SECTION 9, That Chapter 34 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Section 34.34 thereof, two additional sections to be known as Section 34.34.1 and Section 34.34.2, respectively, reading as follows : "DIVISION 2 - FOR BENEFIT OF POLICE 'iEN SECTION 34.34.1. There is hereby assessed and. irriposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business of casualty insuring as shown by the records of the state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by the City of Miami Beach, amounting to one (15) percent of the gross amount of receipts of premiums from policy-holders on All OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA premiums collected on casualty insurance policies covering property within the corporate limits of Miami Beach. SECTION 34.34.2. The tax in this division provided for is assessed and imposed by authority of Chapter 28230, Laws of Florida, Acts of 1953, and said tax shall be payable and collected in the manner provided for in said Chapter, and the money derived from said tax is hereby appropriated for the purposes set forth in said Chapter." SECTION 10. That Chapter 2 of "The Code of the City of Miami Beach, Florida, l950" be and the same is hereby amended by adding thereto, immediately after Section 2.25 three additional sections to be known as Section 2.25.1, Section 2.25.2 and Section 2.25.3, respectively, reading as follows : "SECTION 2.25.1. There is hereby created the office of manager of the metered parking system of the City of Miami Beach, Florida, who shall be an administrative officer of the city and shall be appointed by the city manager with the approval of the city council in accordance with the procedure for appointment of city officers by the city manager set forth in the city charter. SECTION 2.25.2. The duties of the manager of the metered parking system shall be as follows : (a) The manager of the metered parking system shall manage the entire metered parking system, including on-street and off-street metered parking. (b) He shall supervise the collections, meter installations and removals, meter main- tenance and repairs, meter stores, the equip- ment and vehicles used in connection with the metered parking system, and shall supervise the enforcement of the provisions of the ordinances of the city governing the use of the parking meters by the public . (c ) He 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. SECTION 2.25.3. The salary of the manager of the metered parking system shall be fixed by ordinance in the same manner as the salaries of other administrative officers." SECTION 11 . That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. - 10 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA • SECTION 12. That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 6th day of July, A. Do 19550 Mayor ATTEST : C. W. TOMLINSON, City Clerk By 4' Deputy 1 -y Jerk 1st reading - June 15, 1955 2nd reading - June 15, 1955 3rd reading - July 6, 1955 Posted - July 7, 1955 - 11 - 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. 1169, entitled: "AN ORDINANCE AMENDING 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950 ' ", having been passed and adopt- ed 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 July, 1955, 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 17th day of August, A. D. 1955. C. W. Tomlinson, City Clerk B Deputy C y Clerk rn � IH H ,-i zC a • OO .-IW d 0 T3 z z N •-CO O H 7:3 N FaC H U 0 0 =C ba, O � o H f74 O 0 0 O .1-1 U r-1 zs � 0 •- t-4 0