Ordinance 1170 ORDINANCE NO. 1170
AN ORDINANCE AMENDING SECTIONS 11.59,
11.60 and 11.61 OF "THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, 1950
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Section 11.59 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby amended
to read as follows :
"SECTION 11.59. It shall be unlawful for any person operating
or managing any apartment house, hotel or
rooming house, licensed as such by the city, knowingly to
provide, place, install or furnish for the use of any tenant
or guest or knowingly to allow any tenant or guest or other
person to use or operate any stove, "hot plate ", or electric,
chemical or gas device whatsoever for the purpose of heating
or cooking food or beverages, or to have, or permit the
possession of any such devices for the purpose of heating
or cooking food or beverages, in any living or sleeping room
or other living or sleepng compartment or combination of
such rooms or compartmen.cs which are rented or occupied as a
single living unit and which has or have an aggregate floor
area within the enclosed walls of such unit of less than four
hundred (1400) square feet. The term "hot plate" as herein
used shall mean that portion of such device including the
heating unit and the necessary base therefor, exclusive of the
conduit and the plug or other device for connecting the
conduit to the source of electricity, gas or chemical used.
The erection, construction, reconstruction, use or
occupancy of any apartment or other dwelling unit containing
less than four hundred (400) square feet of floor space,
which is designed, arranged or intended to be used or occupied
as a single housekeeping unit, including cooking facilities,
is unlawful and is hereby prohibited, provided, however,
that nothing contained herein shall prohibit the installation
and use of kitchen facilities in any apartment house, hotel,
or rooming house where such installation and use has been
approved by the building department and is otherwise permitted
by any ordinance . "
SECTION 2. That Section 11.60 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby amended
to read as follows :
"SECTION 11.60. Every person engaged in the business of
operating or managing any apartment house,
hotel, or rooming house in the city, shall post or affix in
a conspicuous place in each apartment or room described in
Section 11.59 of this Code, a sign or notice reading as follows ;
tThe presence or installation or use in this room or
apartment of any device for the preparation or heating
of food or beverages is prohibited by City Ordinance . ' "
SECTION 3. That Section 11.61 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows :
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"SECTION 11.61 In any prosecution for the violation of
any of the provisions of this article (1)
the presence of any of the devices described in Section 11.59
of this Code in any hotel room as defined in Section 11.58
of this Code or in any apartment or rooming house shall be
prima facie evidence of the use and operation of such device
by the guest or tenant then renting or occupying such room;
(2) the use or occupancy of any apartment or other dwelling
unit by persons not all members of the same family shall be
prima facie evidence that such apartment or dwelling unit
is being rented and occupied as individual rooms and not as
a single housekeeping unit. The term 'family' as used in
this ordinance shall be defined as one or more persons
occupying premises and living as a single housekeeping unit. "
SECTION 4. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 20th day of July, A.D. 1955.
(—)Mayor
ATTEST:
C. W. T linson, City Clerk
By ;..�/....
Deputy Ci y 'Clerk
1st reading - May 4, 1955
2nd reading - May 4, 1955
3rd reading - July 20, 1955
Posted - July 21, 1955
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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.
1170, entitled: "AN ORDINANCE AMENDING SECTIONS 11.59, 11.60
and 11.61 OF '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
21st 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 7th day of September, A. D. 1955.
C. W. Tomlinson, City Clerk
By ' / A�L/.<<i
Deputy ' ty Clerk
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