Ordinance 1355 ORDINANCE NO. 1355
AN ORDINANCE AMENDING "THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA . 1950", BY ADDING A
NEW CHAPTER THERETO, TO BE NUMBERED CHAPTER
41 , AND TO BE ENTITLED: "GRATUITOUS PUBLIC
TRANSPORTATION" .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 : It shall be unlawful for any person to use or operate ,
or to cause, authorize, direct or engage any other
person to use or operate any motor vehicle for the purpose of
gratuitously transporting any person within the City to or from
any place of business or public entertainment, where such
transportation is, or is held out, by advertisement, solicitation,
or otherwise, to be either an indident to the conduct or
operation of such business or public entertainment, or is
intended, or represented, to be an inducement to the person
transported to patronize such place of business or public
entertainment, without first having obtained a permit to do so
as provided in this chapter .
SECTION 2: An application for a permit hereunder shall be
filed in writing with the City Manager, which
shall be verified by the oath of the person making such
application as to the truth of the statements therein contained_
if a natural person by such person; by the officers thereof,
if the applicant is a corporation; or by a member thereof, if
the applicant is a partnership . Such applications shall set
forth the following:
(a ) The name and address of the applicant, and
the names and addresses of its officers, if
any.
(b) The make, type, year of manufacture-, motor
number, serial number, state license number;
and S .A.E. horsepower of each motor vehicle
proposed to be operated by the applicant,
and its seating capacity.
(c ) The proposed regular routes, if any, over
which the applicant desires to operate, and
the locations of any proposed terminals to
be established on any highway, thoroughfare,
street, or other public way within the City .
SECTION 3 : The City Manager shall consider all such applications
for permits, and may, if deemed advisable, summon
and examine the applicant in regard thereto . The City -Manager,
in granting or denying such permit , shall take into consideration
existing traffic conditions on the proposed route or routes
set forth in said application, and the effect of the proposed
terminals upon prevailing traffic conditions and the safety of
vehicular and pedestrian traffic .
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 4 : If the City Manager shall determine to grant a
permit to the applicant, and upon satisfactory
proof that the applicant has obtained, and that there is in
full force and effect, a policy of insurance meeting the
. requirements of Section 35 .13 of the "Code of the City of
Miami Beach, Florida, 1950" , a permit shall thereupon be
issued , in form as follows :
"Gratuitous Public Transportation
Motor Vehicle Permit ,
City of Miami Beach. No .
Dated 19
Permission is hereby granted to
Permittee,
to operate the following Motor Vehicle
or Vehicles :
(Description of Motor Vehicles)
in accordance with the provisions of
Chapter 41, of the "Code of the City
of Miami Beach, Florida, 1950" from
and to the following points and on
regular routes, if any, as follows :
From and to
Regular Routes, if any,
This permit shall expire on the 31st day
of December of the present year unless
sooner revoked, and is non-transferable .
CITY OF MIAMI BEACH
By
City Manager"
The original of the permit shall be filed in the office of the
City Clerk, and a copy thereof shall be issued to the applicant .
All permits granted hereunder shall expire on December 31st of
the year in which they are granted, and it shall be unlawful
for any person to operate any motor vehicle enumerated therein ,
for the said purposes after the revocation or expiration of
said permit.
SECTION 5: Upon issuance of the permit provided for herein,
it shall be the duty of the Chief of Police to
issue, in duplicate, a record card for each motor vehicle to
be operated pursuant to said permit, which record card shall
set forth the permit number, the permittee ' s name and address,
make, type, State license number and seating capacity of each
motor vehicle . One of the record cards shall be retained in
the files of the Police Department, and the other delivered to
the permittee, who shall attach the record card to the motor
vehicle described therein, and which card shall be kept in plain
view at all times while such vehicle is being operated. The
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
record card given to the permittee shall cover only the motor
vehicle for which it was issued and shall not be transferred
to any other motor vehicle.
SECTION 6: No motor vehicle shall be operated by the permittee
not described in his application for a permit, and
should the permittee desire to replace a motor vehicle set forth
in his application, or to operate an additional motor vehicle,
application must be made for a permit, as in the first instance,
in accordance with this chapter, to the City Manager, to operate
such replacement, or additional motor vehicle.
SECTION 7: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 8: This ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED AND ADOPTED this 19th, day of August, 1959.
.1dc //')
Mayor
Attest:
46241
City C rk
1st reading - August 5, 1959
2nd reading - August 5, 1959
3rd reading - August 19, 1959
POSTED - August 19, 1959
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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. 1355
entitled:
"AN ORDINANCE AMENDING 'THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, 1950' , BY ADDING A NEW CHAPTER THERETO, TO BE NUMBERED
CHAPTER 41, AND TO BE ENTITLED: 'GRATUITOUS PUBLIC TRANSPORTATION' "
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 19th day of August, 1959,
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 21st day of October, 1959.
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