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Ordinance 78-2126 ORDINANCE NO. 78-2126 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI BEACH BY ADDING NEW SECTIONS THERETO PROHIBITING SMOKING IN PUBLIC TRANSPOR- TATION VEHICLES, ELEVATORS AND IN CERTAIN RETAIL STORES; PROVIDING PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 25 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 25-36 . 2 The smoking or carrying of lighted cigarettes, cigars, cigarillos, pipe tobacco and other tobacco products on all public transportation vehicles and elevators available to and used by the general public is found to be injurious and dangerous to the public health, determined to be a sanitary nuisance and a fire hazard, and is hereby prohibi- ted. The use of any spark, flame or fire producing device is similarly prohibited in all public trans- portation vehicles and elevators in the City of Miami Beach. A sign reading "Smoking Prohibited by Law" shall be permanently and conspicuously placed on each public transportation vehicle and in each elevator available to and used by the general public by the owner or lessee of the vehicle or building in which such elevator is located. Section 25-36 . 3 It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, cigarillo or pipe, or use any spark, flame, match or fire producing device in any mercantile store in the City of Miami Beach: (a) Designed or arranged to accommodate more than one hundred (100) persons, or (b) In which more than twenty-five (25) per- sons are employed, or (c) Which voluntarily elects, by and through the action of its management, to be includ- ed within this section. This prohibition shall not apply to restrooms, res- taurants, coffee shops, soda fountain counters, ex- ecutive offices or beauty parlors in such mercantile stores. Every person, or his agent, having control of such store premises in which smoking or the carry- ing of lighted objects is prohibited by or under the authority of this ordinance, shall conspicuously dis- play upon the premises a sign reading "Smoking Pro- hibited by Law. " • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 Section 25-36 . 4 The smoking, carrying or holding of lighted ciga- rettes, cigars, cigarillos, pipe tobacco and other tobacco products in areas within mercantile stores wherein food products are available for purchase by consumers for off-premise consumption tends to create unhygienic conditions injurious to the public health and is hereby prohibited. This prohibition shall not apply to restrooms, restaurants, coffee shops and soda fountain counters within such mercantile stores. Every person or corporation, or agent of such person or corporation, having control of such store premises in which smoking, carrying or holding of lighted to- bacco products is prohibited shall post conspicuously within such store signs reading "Smoking Prohibited By Law. " A similar sign shall also be posted on each door affording public access into the premises. " SECTION 2 : Any person violating the provisions of this Ordinance shall be punished by a fine not to exceed Five Hundred Dollars ($500. 00) , or by imprisonment for a period not to exceed sixty (60) days or by both such fine and imprisonment in the dis- cretion of the court. SECTION 3: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 : This ordinance shall go into effect ten days after its passage. PASSED and ADOPTED this 28th day of June , 1978 . Mayor Attest: .,,,,,,,66/144.1 0.1.1•11111.10tuc M:40400. City lerk 1st Reading - June 7, 1978 2nd Reading - June 28, 1978 (The adoption of the foregoing Ordinance was moved by Mayor Leonard Haber, Ph.D) - 2 - • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 -s < D (D (D -• B rt Cr CD CI) -• f l• rt fl.. (D . a rt - O O ? fl) -s (D -.-0 0 (D rtTJ U) (D ( ) (D ..• < -5 — v -• z rt N D 0 z O 30 O -s — < a c O m CT -n v z z -• -• r-t 0 D • n • r (n (D -• rt v -h -s c) 00 O 0) O S (1 7 Q N (D N (D U -i "O '. N (D rt O O1 • N rr 0) -• rt O - v rt rt-10 N- O. O I