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Ordinance 85-2468 ORDINANCE NO. 85-2468 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 25-2 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING AN EXCEPTION TO THE MINIMUM HEIGHT REQUIREMENT OF AIRCRAFT FLYING OVER MIAMI BEACH FOR HELICOPTERS LANDING ON OR TAKING OFF FROM POLICE DEPARTMENT HELIPORTS AND FOR POLICE DEPARTMENT HELICOPTERS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION l: That Section 25-2 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read: Sec. 25-2. Aircraft--Minimum height over city; exeptions. It shall be unlawful for any person to operate, fly or cause to be operated any kind of aircraft, except a balloon, over any part of the city at a height of less than one thousand feet above the surface of land or water over which such craft may be operated or flown; provided, that nothing contained in this section shall be deemed to regulate the height at which any aircraft is used by any governmental authority for the purpose of spraying insecticides, when a helicopter is being used for life-saving operations under emergency conditions or when landing on or taking off from a police department heliport/helistop or is a police department helicopter , or to prohibit the landing of a helicopter engaged in the carriage and delivery of United States mail or newspapers; and further provided, that the city commission may, in special cases, grant permission• for an -1- fi OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 exception from the provisions of this section and, at its discretion, may require such insurance or surety bond as may be appropriate to protect the safety of the city and its residents against any and all liabilities. Where city commission approval is requested, under the provisions of this section, special consideration shall be given to the operaton of a helicopter and the establishment of a helipad which will augment promotion activities directed at obtaining conventions and hotel business. However , no person, agent, or corporation representing any hotel shall operate a helicopter for commercial purposes or otherwise obtain direct profit through the lease, rental, or charter of such aircraft. In addition, no person, agent, or corporation representing any hotel with less than three hundred fifty rooms shall be permitted to operate a helicopter under the provisions of this section. Operation of any such helicopter service shall be subject to the issuance of a revocable permit by the city commission and in granting such permit, the city commission shall impose such terms and conditions as is necessary to protect the health, safety and welfare of the city' s residents and tourists. (Code 1950 , §22 . 2; Ord. No. 1354, §1; Ord. No. 1484 , §1; Ord. No. 77-2087 , §1; Ord. No. 82-2331, §1. ) SECTION 2: REPEALER That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 3: SEVERABILITY If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect 10 days from the adoption date hereof. PASSED AND ADOPTED this 6th day of March , 1985. MAYOR ATTEST: &4L-- CITY CLE K 1st Reading - February 20, 1985 2nd Reading - March 6, 1985 APPROVED AS TO FORM LEGAL DEPARTMENT: BY• L DATE: /4-- -14Y -"Pc AMW/GMH/rg -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 . { \ ) § / \ / \ 14-4 ® w4wH e O u o 0 © \\ /\ rco ° H P cd o@ m m u \I \ ° / Z` P = 0 -# 0 0 ƒF \/ \\ \ / ell ow #$ » 0Z E r L) \ / / \ ® H \ / « j / ( P. / . \ \ \ 1:14 ® \ \ \ \ \ § / \ e $ 4 m w + _ AwQ 0 0) \ 0) / 0) 0 �