Ordinance 89-2666 ORDINANCE NO. 89-2666
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CCS CHAPTER 25 ENTITLED
"OFFENSES - S", AMENDING SECTION 25-61 ENTITLED
"NUISANCES", BY ADDING SUBSECTIONS 25-61.4 - 25-61.9, ESTABLISHING
STANDARDS REGULATING VIBRATION, SMOKE, ODORS, TOXIC CR NOXIOUS
MATTER, ELECTROMAGNETIC INTERFERENCE, HUMIDITY, HEAT AND GLARE
AND PROHIBITING ACTIVITIES WHICH EXCEED SAID STANDARDS; AMENDING
SECTION 25-126 ENTITLED " TTY" BY PROVIDING THAT BUSINESS
ENTITIES WHICH VIOLATE CERTAIN SECTIONS OF CHAPTER 25 SHALL BE
SUBJECT TO A FINE OR IMPRISONMENT OR BOTH; BY PROVIDING THAT
VIOLATIONS OF SUBSECTIONS 25-61.4 - 25-61.9 SHALL BE ENFORCED BY
THE CITY OF MIAMI BEACH CODE ENFORCEMENT BOARD AS PROVIDED IN
MIAMI BEACH CITY COTE CHAPTER 9B, AND THAT PENALTIES MR SAID
VIOLATIONS SHALL BE AS SE!' FORM THEREIN; REPEAT TNG ALL ORDINANCES
IN C ONFIICP THEREWITH; PROVIDING FOR SEVERABTT TTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMNIISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1
That Chapter 25 of the City Code of the City of Miami Beach, Florida entitled
"Offenses - Miscellaneous" is hereby amended:by the addition of Sections 25-61.4
- Sections 25-61.9 to read as follows:
CHAPTER 25
OFFENSES - MISCELLANEOUS
****
Sec. 25-61.4. Vibration.
No building, structure, land, water area, use, or activity shall be operated
so as to produce ground vibration noticeable without instruments, at or beyond
the lot line of the premises on which the source of the vibration is located.
Sec. 25-61.5. Smoke.
No building, structure, land, water area, use, or activity shall be operated
except in compliance with the prohibitions against air pollution of the
Pollution Control Ordinance of Metropolitan Dade County.
Sec. 25-61.6. Odors.
No building, structure, land, water area, use, or activity shall be operated
so as to produce the emission of objectionable or offensive odors in such
concentration as to be readily perceptible at any point at or beyond the lot
line of the property on which the source of the odor is located.
Sec. 25-61.7. Toxic or Noxious Matter.
No building, structure, land, water area, use, or activity shall for any
period of time discharge across the boundaries of a lot on which it is located,
toxic or noxious matter in such concentrations as to be detrimental to or
endanger the public health, safety, comfort, or general welfare or cause injury
or damage to persons, property, or the use of property or land.
Sec. 25-61.8. Electromagnetic Interference.
No building, structure, land, water area, use, activity, or process shall be
conducted or operated so as to produce electromagnetic interference with normal
radio or television reception in any residential or business district.
Sec. 25-61.9. Humidity, Heat, Glare.
No building, structure, land, water area, use, activity producing humidity
in the form of steam or moist air, or producing heat or glare shall be conducted
or operated in such a manner that steam, humidity, heat or glare is perceptible
at or beyond any lot line of the premises on which it is located.
****
SECTION 2
That Miami Beach City Code Section 25-126 entitled "Penalty" of Chapter 25
entitled "Offenses - Miscellaneous" is hereby amended to read as follows:
Sec. 25-126. Penalty.
Unless otherwise provided herein, every person, firm, corporation,
partnership, limited partnership, association, estate, trust or business entity
wile which is convicted of a violation of this chapter shall be punished by a
fine not to exceed five hundred dollars or imprisonment in the county jail for
not more than thirty days, or by both such fine and imprisonment; for a second
conviction of a violation of this division such person or entity shall be
punished by a fine not to exceed one thousand dollars or imprisonment in the
county jail not more than twelve months, or by both such fine and imprisonment.
2
The provisions of Section 25-61.4 through 25-61.10 shall be enforced by
enforcement procedures before the Miami Beach Code Enforcement Board as set
forth in Miami Beach City Code Chapter 9B, and penalties for violations of said
Sections shall be as set forth therein.
SECTION 3. REPEATER
All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 4. SEVERABILTTY
If any section, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this
ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption, on October
14 , 1989.
PASSED and ADOPTED this 4th day of October 19:'
►.•. OR
Attest:
FORM APPROVED
City Clerk LEGAL DEPT.
1st reading 9/20/89 8N6 ;;;315W-72
2nd reading 10/4/89 g
Date 3/ /
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