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Ordinance 73-1944ORDINANCE NO. 73-1944 AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VII OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 42, Article VII of the Code of the City of Miami Beach be and the same is hereby amended by adding new Sections thereto to be numbered and to read as follows: "Section 42.144 It is hereby found and declared by the City Council of the City of Miami Beach, Florida, that: (a) The making and creation of loud, unnecessary or unbearable noises by ambulances using sirens within the limits of the City of Miami Beach, Florida, is a condition which has existed for some time, and the extent and volume of such noises made by the use of ambulance sirens has increased to intolerable degrees; (b) The making, creation or maintenance of such loud, unnecessary, unnatural noises by ambulance sirens, which are prolonged, unusual and unnatural in their time, place and use, affect and are a substantial detriment to the public health, com- fort, convenience, safety and welfare of the resi- dents of the City of Miami Beach, Florida; and (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and adopted, is declared as a matter of legislative determination and public policy; and it is further declared that the provisions and prohibitions here- inafter contained and adopted are in pursuit of and for the purpose of promoting the public health, comfort, convenience, safety, welfare and the peace and quiet of the City of Miami Beach, Florida, and its inhabitants. Section 42.145 Definitions. The following words are hereby defined for the purpose of this Ordinance: Emergency Call: "Emergency Call" shall mean the transporting of a sick or injured person under emergency vehicle procedures where it is reasonably apparent that his physical condition is such that expeditious removal to a hospital or similar insti- tution is required; or the operation of an ambulance in a duly authorized response for emergency service. Section 42.146 It shall be unlawful for any person operating an ambu- lance, as hereinabove defined, to sound or to use any siren on or in such ambulance, except and unless such ambulance is being operated on an emergency call, as defined in Section 42.145; and it shall be unlawful for any person owning such ambulance to authorize or - 1 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 "to permit any operator thereof to use such siren except and unless such ambulance is being opera- ted on an emergency call as hereinabove defined. The use and operation of any ambulance on any public way or street in the City of Miami Beach, Florida, shall be presumed to be of a non -emergency nature, and in any prosecution under this Section, for the violation of this Section, the burden of proof shall be upon the operator of such ambulance that at the time of the use of the siren thereon, the ambulance was engaged in an emergency call. Section 42.147 Whenever in the judgment and opinion of any police officer of the City of Miami Beach, Florida that an ambulance siren is being sounded or operated, while such ambulance is not on an emergency call, it shall be the duty of said police officer to follow and pursue said ambulance to its destination, and if upon the arrival of such ambulance at its destination, such police officer determines that said ambulance was not being engaged in the transportation of a sick or injured person on an emergency call or responding to a call for emergency ambulance service, such police officer shall thereupon arrest or summons the operator thereof for a violation of the preceding Section of this Ordinance, as provided for in cases of "hot pursuit" as prescribed by state law. Section 42.148 Any person who violates any provisions of this Ordinance shall, upon conviction thereof, as a first offender, be fined not less than $50.00, nor more than $500.00 or by imprisonment for not more than 30 days or by both such fine and such imprisonment. A second or further offender, convicted within any six (6) month period shall, upon conviction thereof, be fined not less than $100.00, nor more than $1,000.00 or by imprisonment for not more than 60 days or by both such fine and such imprisonment. Section 42.149 It is hereby declared to be the intention of the City Council that the Sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or Section of this Ordinance shall be declared unconsti- tutional by the valid judgment or decree of any Court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or Sections of this Ordinance." SECTION 2. That all Ordinances or parts of Ordinances in con- flict herewith, be and the same are hereby repealed. SECTION 3. This Ordinance shall go into effect immediately, upon passage and posting as required by law. - 2 OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 PASSED and ADOPTED this 3rd day of January , 1973 Mayor Attest: 13A.cri 13 , -Pey -tacati City Jerk -Finance Director The adoption of the foregoing Ordinance was moved by Councilman Herbert Magnes. 1st reading - December 20, 1972 2nd reading - January 3, 1973 POSTED - January 4, 1973 — 3 OPACR OP CITY ATTORNEY -1130 WA$HINOTON AMIN-MIAMI 10A0H, RORIDA 33139 { STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 73-1944 entitled: AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VII OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA. 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 4th day of January, 1973, 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 7th day of February, 1973. c(lett ec City Clerk and Finance Director 4„attAt (2411? -61 611p -A cu U c (D 7 — E — (6 4— �' 1) O O\ U a) •— V) I 4--+ 7 M L ▪ < J (p Q Z N a) — O � •-- — Z c W a) O U +1 aai co L t U 1 OR cn c a) 'D (f) O C C U 11) CU L E 4- • _ Q 0 (n