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Ordinance 1318 ORDINANCE NO. 1318 AN ORDINANCE REPEALING SECTION 22.68 OF THE "CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", AND ADOPTING IN LIEU THEREOF NEW SECTIONS NUMBERED 22.68, 22.68. 1, 22.68.2, 22.68.3, 22.68.4, 22.68.5, 22.68.6, 22.68.7, 22.68.8 and 22.68.9, TO PROVIDE FOR THE CONTROL AND REGULATION OF THE EMISSION OF SMOKE AND OTHER AIR CONTAMINANTS. WHEREAS, excessive pollution of the atmosphere is detrimental to the public health, safety and welfare; and WHEREAS, basic and all important interests of the City of Miami Beach require the safeguarding of the public and the community from excessive pollution and contamination of the atmosphere; and WHEREAS, a measure of control is necessary for the safeguarding and protection of the health, safety and welfare of the public, to preserve property values, and to insure the comfortable enjoyment of life and property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 22.68 of the "Code of the City of Miami Beach, Florida, 1950" be and the same is hereby repealed. SECTION 2. That the "Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately following Section 22.67 thereof, new sections to be numbered 22.68, 22.68. 1, 22.68.2, 22.68.3, 22 .68.4, 22 .68.5, 22.68.6, 22.68.7, 22.68.8 and 22.68.9, and reading as follows : "Section 22.68. Definition of Terms . (1) "Dense smoke" as used in Section 22.68. 1 shall mean that smoke which has a density of No. 2 or greater as established by the Ringlemann chart, hereinafter referred to and adopted; (2) "Cinders", "dust", "fly ash", "noxious acids", "fumes", and "gases" as used in Section 22 .68.3 shall be considered to be all matter other than dense smoke formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process; (3) "Ringlemann chart" , as used in Section 22.68.9 shall be that standard published by the United States Bureau of Mines to determine the density of smoke . Section 22.68.1. Emission of Dense Smoke Prohibited. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann chart, published by the United States Bureau of Mines, the standards of which are hereby fully adopted by the - 1 enactment of this section and set forth in full in Section 22.68.9 herein. The emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the Chief of the Fire Department, or by anyone whom he may designate for such purpose; provided, however, that this section shall not be applicable to the circumstances set forth in Section 22.68.2 herein. Section 22.68.2. Exceptions - Private Residences - Period for Rekindling of Fires . The provisions of Section 22.68.1 of the Code shall not be applicable : (a) To private residences in which no more than two families are or can be housed. To all larger dwellings, of whatever type, however, Sections 22.68. 1, 22 .68.2 and 22.68.3 shall be fully effective and applicable . (b) When a fire box, furnace, or boiler or other fuel consuming device is being cleaned out and a new fire is being built therein, in which event a smoke of a density greater than that described as No. 2 of the Ringlemann chart shall be permitted for a period of not to exceed three minutes in any single period of 60 minutes; Section 22.68.3. Escape of Soot, Cinders, Noxious Acids, Fumes and Gases Prohibited. It shall be unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes, and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business . The escape of such matter is declared to be a public nuisance and may be summarily abated by the Chief of the Fire Department or by anyone whom he may designate for such purpose . Section 22.68.4 . It shall be unlawful for any person, firm or corporation to use or consume any fuel oil classified as Grade No. 6 by the American Petroleum Institute, and further defined by the American Society for Testing Materials, by their specification "D-288-53", and commonly known as "Bunker C" Oil or any grade inferior thereto, in any furnace, boiler or other oil burning equipment, provided, however, that "Bunker C" Oil may be so used or consumed if the oil burning equipment using or consuming the same shall be, during the period of such use or consumption, and for such reasonable time immediately prior and subsequent to such use and consumption as may be determined by the Chief of the Fire Department, under the direct care, supervision and control of a duly qualified person thoroughly familiar with the theory and practice of the construction and oper- ation of oil fuel consuming devices designed for and intended to be utilized for the use and consumption of "Bunker C" Oil. - 2 - Section 22.68.5. The Chief of the Fire Department shall have the duty of enforcing all provisions of Sections 22.68. 1, 22.68.2, 22.68.3 and 22.68.4. The duties of the Chief of the Fire Department shall be : (a) To investigate all complaints of violations of Sections 22.68.1, 22.68.2, 22.68.3 and 22.68.4, and to institute necessary proceedings in case of violations; (b) To investigate and make recommendations from time to time to the City Council with respect to needed revisions in Sections 22.68, 22.68.1, 22.68.2, 22.68.3, 22.68.4, 22.68.5, 22.68.6, 22.68.7, 22.68. 8 and 22.68.9 pertaining to smoke control and air pollution; (c) To prepare and disseminate appropriate educational and informative literature to the public for the purpose of advising them of the purposes and necessity for the smoke prevention campaign; (d) To cooperate fully with all civic or other organizations which may be or become interested in the smoke prevention campaign; (e ) To promulgate and publish rules and regulations under which Sections 22 .68.1, 22.68.2, 22.68.3 and 22.68.4 will be administered, providing in detail and with clarity the necessary information by which the public is to be guided. The rules and regulations herein prescribed to be adopted shall be prepared only after a thorough consideration of the air pollution problem as it exists in the City of Miami Beach. (f) To notify all parties concerned of any decision he may render and to provide such parties with an opportunity to have a full hearing as hereinafter set forth in Section 22 .68.6. (g) To do any and all other acts which may be necessary for the successful prosecution of the purposes of Sections 22.68. 1, 22.68.2, 22.68.3 and 22.68.4, and such other acts as may be specifically enumerated therein as his duties . Section 22.68.6. Hearings by the Chief of the Fire Department . Any person aggrieved by any ruling rendered by the Chief of the Fire Department shall have the right to require him to conduct a full and complete hearing prior to actual and final decision. Such hearing shall afford the person aggrieved with a full opportunity to present any evidence which he may desire to support his position. It shall be the duty of the Chief of the Fire Department to promptly notify all parties concerned of his ruling in such hearings . Section 22.68.7. Appeals may be made from the decisions of the Chief of the Fire Department to the City Manager. He shall decide all appeals properly before him, and shall either affirm, modify or overrule the decision of the Chief of the Fire Department which he may be called upon to review. On all appeals taken to the City Manager, appropriate hearings shall be held after due notice thereof to all parties concerned. All pertinent papers in the files of the Chief of the Fire Department shall be made available to the City Manager in each case. - 3 - Section 22.68. 8. Interference with Performance of Duty of Chief of the Fire Department. Any person, firm or corporation interfering in any manner or impeding the performance of duty of the Chief of the Fire Department shall be subject to the penalties provided for by Sec- tion 1. 8 of the "Code of the City of Miami Beach, Florida, 1950" . This section shall likewise apply to the performance of duty of those employees and representatives of the Chief of the Fire Department. Section 22 .68. 9. The Ringlemann Chart. The standard by which the density of smoke is to be measured will be the Ringlemann Chart , published by the United States Bureau of Mines. " SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 15th day of October, 1958. Mayor ATTEST: 44A Lia' City C1 1st reading - August 20, 1958 2nd reading - August 20, 1958 3rd reading - October 15 , 1958 Posted - October 15, 1958 STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1318 , entitled: "AN ORDINANCE REPEALING SECTION 22.68 OF THE 'CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", AND ADOPTING IN LIEU THEREOF NEW SECTIONS NUMBERED 22.68, 22.68.1, 22.68.2, 22.68.3, 22.68.4, 22.68.5, 22.68.6, 22.68.7, 22.68.8 and 22.68.9, TO PROVIDE FOR THE CONTROL AND REGULATION OF THE EMISSION OF SMOKE AND OTHER AIR CONTAMINANTS' ", 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 15th day of October, 1958, 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 3rd day of December, A.D. 1958 4I / / 6/ L -- Ci y lerk c0 M N �-1 X a O FC O U�! Z z L7 W O OH zU a 4-1 Z H !p A 0 a a) O A