Ordinance 1512 ORDINANCE NO. 1512
AN ORDINANCE AMENDING SECTION 22.41 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
1950".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 22.41 of "The Code of the City of
Miami Beach, Florida, 1950", be and the same is
hereby amended to read as follows:
"The provisions of Part I of Chapter 371,
Florida Statutes 1963, are hereby adopted and
incorporated herein and made a part of this
Code by reference. Whenever said provisions
prohibit any act or require the doing of any
act, or declare the failure to do any act to
be unlawful, the violation of said provisions
shall be punishable as hereinafter set forth.
The following violations of Section 22.70
of the Code of the City of Miami Beach (Chapter
371 of the Florida Statutes) , are designated as
(1) violations requiring court appearance and
the posting of bond, as hereinafter designated,
or as (2) violations not requiring court
appearance but requiring the payment of the
prescribed fine, as hereinafter designated, in
lieu of court appearance, within 48 hours from
the date of commission of said violation,
Saturday and Sunday and holidays excluded.
The same procedure shall be followed by
the Clerk of the Municipal Court in processing
said violations as is presently established
for parking violations filed in said Court and
that any person charged with such violation
shall have the right to appear in said Court
to answer to said charge in lieu of paying the
prescribed fine hereinafter designated.
1. A violation not requiring court appearance,
as hereinafter designated, may, if, in the
discretion of the officer issuing the com-
plaint and summons therefor, there exists
any good and valid cause for requiring the
alleged violator to appear in said Court
to answer to said complaint and summons,
be changed by said officer to a violation
requiring courtappearance and the posting
of bond, as hereinafter designated for
such violation.
2. If the violation requires court appearance
and the posting of bond, as hereinafter
designated, and if, in the discretion of
the officer issuing the complaint and
summons therefor, there exists reasonable
cause to believe that the alleged violator
will appear in said Court, or there appears
to be an unusual detriment that will be
-I-
OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA
suffered by the alleged violator, said violator may be
released by said officer without the posting of said
bond by accepting a written notice to appear from said
officer, in the form attached hereto, provided, however,
that the foregoing shall not apply to any complaint
charging leaving the scene of an accident, in violation
of Section 371.50 (l) . .. operating or being in control of
vessel while under the influence, in violation of Section
371.51 (1) , or skiing or aquaplaning while under the
influence, in violation of Section 371.53 .
3 . Any alleged violation not specifically designated below,
but provided for in Chapter 371 of the Florida Statutes,
shall be treated as a violation not requiring court
appearance but requiring the payment of a fine in the
amount of $10 .00 or, in the discretion of the officer
issuing the complaint and summons, as provided in
paragraph 1, above, the posting of bond in the amount
of $25 .00 .
� n
0 0
I✓ Iv
n n
rt !4 rt
0
> >
� �
�u10 �dF0
m m m m
4 W
I✓ n Iv n
IJ- a
o K �.
m 0 m 0
�Dj (D o m
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371.041 Operating or per- X $25 .00
mitting operation
of unregistered or
unnumbered motorboat
371 .051 (5) Improperly or illeg- 25 .00 X $10 .00
ibly displaying number
on motorboat
371 .051 (5) Failing to use number 25 .00 X 10 .00
of proper size, height
or color
371.051 (5) Failing to have cer- 25 .00 X 10 .00
tificate or registra-
tion on possession
when operating motorboat
371.051 (7) Failing to display or 25 .00 X 10 .00
improperly displaying
decal furnished with
registration certificate
371.051 (9) Failing to obtain new X 25 .00
registration certifi-
cate when classifica-
tion of boat changes
from pleasure to com-
mercial or vice versa
-2-
OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE--MIAMI BEACH 39, FLORIDA
O O
s✓ 1✓
fi n
rt. t4 rt-
0
rt >
F0 FO
�d F 1-0
(D (D (D (D
P- Pi td F- QJ
n �J O n �5 �•
(D n 1.1 (D n
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371.071 (2) Failure of manufac- $25 .00 X $10 .00
turer or dealer of
motorboat used for
demonstration to
properly display
number
371.081 Operating motorboat 25 .00 X 10 .00
numbered under Federal
or other state law
more than 90 days
without recording such
number under Florida
law
371.091 Failing to correctly 25 .00 X 10 .00
space digits and letters
of motorboat identifi-
cation number
371.101 Failing to notify 25 .00 X 10 .00
Florida Board of
Conservation of trans-
fer of ownership, de-
struction or abandon-
ment or motorboat with-
in 15 days thereof
371.141 (1) Failure of operator of X 250 .00
vessel involved in
accident to render
assistance to persons
involved
371.141 (2) Failure of vessel oper- X 250 .00
ator to report death,
personal injury or more
than $50 property dam-
age to sheriff of nearest
county
371.50 Reckless operation of X 100 .00
vessel, water skis,
aquaplane or similar
device
-3-
OFFICE OF CITY ATTORNEY— 1130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA
0 0 0
G G
H H
0
0
ro rtro
zro zro
(D (D mm
H J O H G Y
a m a a m 0
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371.501 Failure of person X $ 50.00
involved in vessel
accident, including
property damage of
$25 or more, to re-
port accident to
sheriff of nearest
county, Florida
Hoard of Conservation
or Florida Game and
Fresh Water Fish
Commission
371.502 (1) Failure of operator X 100.00
of vessel involved in
accident to stop and
give other vessel oper-
ator his name, address
and registration num-
ber, or to make reason-
able effort to locate
owner of unattended
vessel for such purpose
371.502 (2) Leaving scene of X 250.00
accident without ren-
dering aid, making
reasonable effort to
locate other owner or
persons affected or
notifying appropriate
law enforcement official
371.503 Operating vessel in 25 .00 X $10 .00
manner which unreason-
ably or unnecessarily
interfers with another
vessel or with navigation
371.504 Authorizing or permitting 25.00 X 10.00
vessel to be operated by
physically or mentally
disabled person, except
paraplegic licensed to
operate motor vehicle
371.51 (1) Operating or being in X 250.00
control of vessel
while under influence
of intoxicating liquor
or narcotic drug
-4-
OFFICE Of CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA
n n
O O
I✓ I=
n n
rt t4 rt-
0
tO
r- >
(D (D (D (D
Pi a
S� n n
N W N- Pi
n O n ::� P_
(D n ::5 (D 0 ::$
�1 o �1 jai
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371.522 Operating vessel $ 25 .00 X $10 .00
within restricted
water area so marked
by distinguishing
device, except in
emergency
371.53 Using water skis, X 250 .00
aquaplane or sim-
ilar device while
under the influence
of intoxicating
liquor, narcotic
drug, barbiturate
or marijuana
371.54 (1) Operating vessel 25 .00 X 10 .00
towing a person on
water skis, aquaplane
or similar device with-
out observer or wide-
angle rear view mirror,
professional performers
and marine exhibition
participants excepted
371.54 (2) Water skiing, aquaplaning 25 .00 X 10 .00
or engaging in similar
activity between 1 hour
after sunset to 1 hour
before sunrise, profess-
ional performers and
marine exhibition partic-
ipants excepted
371.54 (4) Operating vessel or tow 25 .00 X 10 .00
rope so as to cause
water skis, aquaplane
or similar device or
person thereon to collide
with any object
371.55 Conducting regatta, tourn- 25 .00 X 10 .00
ament or marine parade or
exhibition in navigable
waters without securing
permit from U.S. Coast
Guard or, if held in a
county, without notifying
sheriff, Florida Conserva-
tion Board or Florida Game
and Fresh Water Fish
Commission
-5-
OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA
0 CJ
O O
a✓ Iv
n n
Z rt
O
rfi FC$
:u h 10
(D (D (D (D
W 4 Pi
fi I✓ ti
E-'• �1
to N• Pi 'TJ
�5 O K �5 N-
(D n �j (D c
�1 rD �)j (D m
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371 .55 Conducting regatta, $ 25 .00 X $10 .00
race or marine parade,
tournament or exhibi-
tion without providing
adequate protection
from marine traffic and
hazards
371.56 Failing to use muffler 25 .00
on vessel ' s engine or
to reasonably muffle
vessel engine ' s exhaust
noise
371.56 Failing to equip in- 25 .00 X 10 .00
board engine with U.S.
Coast Guard approved
spark. arrestor
371.56 Using cut-out, except 25 .00 X 10 .00
on vessel in regatta
or race or on trial run
371.561 (1) Knowingly leasing boat X 250 .00
(a) to (g) unsafe number of per-
incl. sons, or when motor' s
horsepower exceeds
boat ' s capacity, or
without U.S. Coast
Guard approved life-
saving device for each
occupant, or without
appropriate anchor,
anchor rope, paddle or
oar, or when boat is
not seaworthy
371 .57 Operating boat without 25 .00 X 10 .00
(1) to (4) carrying safety equip-
incl. ment required for class
applicable to boat
371.57 (5) Using siren 25 .00 X 10 .00
(Eff.. 1-1-64)
371 .57 (6) Using flashing red 25 .00 X 10 .00
(Eff. 1-1-64) lights
-6-
OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA
0 0
O O
1= J=
K K
Z rt
O
((D ((DD ((D ((DD
W a
I-'• W Cd N Al rsj
I--
(D 0 (D 0 �
s1 (D Q, (D (D
FLORIDA STATUTES
SECTION NO. VIOLATION CHARGED
371 .57 (7) Operating vessel $ 25 .00 X $10 .00
between sunset and
sunrise without a
lighting device vis-
ible at distance of
at least one mile
371.60 Failure of vessel ' s X 100 .00
manufacturer to
attach to vessel a
plate stating maximum
weight load for safe
operation of boat
371.0103 Failure of any boat X 25 .00
or vessel owner to
pay boat registration
certificate tax
371.0104 (7) Operating any boat X 25 .00
or vessel without a
current registration
371.0107 Operating or giving X 25 .00
permission to operate
any vessel required
to be registered or
any machine propelled,
boat without current
registration
371.0107 Operating or giving 25 .00 X 10 .00
permission to operate
any vessel required to
be registered or any
machine propelled boat
without proper decal,
or identification number
properly displayed
SECTION 2: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
-7-
OFFICE OF CITY ATTORNEY— 1 130 WASHINGTON AVENUE—MIAMI BEACH 39, FLORIDA
SECTION 3 : This ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 15-C" day of April , 1964.
/,W- ce
r
ATTEST:
City Clerk
1st reading - April 1, 1964
2nd reading - April 1, 1964
3rd reading - April 15, 1964
POSTED - April 16, 1964
-8-
OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
? , R. 1Vl4o L. JOHNSON, City Clerk of the City
of Miami Beach, Florida, do hereby certify that
Ordinance No. 1512 entitled:
"AN ORDINANCE AMENDING SECTION 22.41 OF ' THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' 11
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 16th day of April,. A,D. 19 0- , and that said
Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City
Charter o{_ '."i? said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hard
and affixed the official seal of the City of Miami Beach,
Florida, on this the 3rd day of June 19 64.
City Cle k
N
q
O
.J
i
N b
W O
O N 0 O
d 0
• U 01
N SI
.7 aw u
t r
w
H Vl r.i N O
N Grow z
O O N
awe z
ro � W
om
U