Ordinance 1521 ORDINANCE NO. 1521.
AN ORDINANCE ADOPTING A REVISION AND
CODIFICATION OF THE ORDINANCES OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, " PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN
WITH CERTAIN EXCEPTIONS, AND FOR OTHER
PURPOSES HEREINAFTER SET OUT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: There is hereby adopted and incorporated herein by
reference by the City Council of the City of Miami
Beach, Florida that certain Code entitled "The Code of the City
of Miami Beach, Florida", printed and published by the Michie
City Publications Company, of Charlottesville, Virginia, and
containing certain ordinances of a general and permanent nature
as compiled, consolidated, codified and indexed in Chapters 1
to 46, both inclusive, of which Code not less than three copies
have been and are now filed in the office of the City Clerk, and
shall there remain for public inspection and approval, which
Code is hereby adopted without further adoption, approval or
publication.
SECTION 2: The provisions of such Code shall be in force on and
after October 1, 1964, and all ordinances of a gen-
eral and permanent nature adopted on or before November 20, 1963,
and not contained in such Code are hereby repealed from and after
October 1, 1964, except as hereinafter provided.
SECTION 3; The repeal provided for in the preceding section of
this ordinance shall not affect any offense or act
committed or done or any penalty or forfeiture incurred or any
contract or right established or accruing before October 1, 1964;
nor shall it affect any prosecution, suit or proceeding pending
or any judgment rendered prior to October 1, 1964; nor shall
such repeal affect any ordinance or resolution promising or
guaranteeing the payment of money for the city or authorizing
the issue of any bonds of the city or any evidence of the city's
indebtedness or any contract or obligation assumed by the city;
nor shall it affect the annual tax levy; nor shall it affect
any right or franchise conferred by ordinance or resolution of
the city on any person or corporation; nor shall it affect any
ordinance adopted for purposes which have been consummated; nor
shall it affect any ordinance which is temporary, although gen-
eralin -effect, _or_special, although. permanent in effect; nor
shall it affect any ordinance relating to the salaries, working
hours or pension or retirement plans of the city officers or
employees; nor shall it affect any ordinance naming, renaming,
opening, accepting or vacating streets or alleys in the city;
nor shall it affect any ordinance relating to zoning; nor shall
it affect any ordinance adopted on final reading and passage
after November 20, 1963; nor shall it affect any of the following
ordinances or amendments thereto:
-1-
OFFICE OF CM ATTORNEY- 1130 WARIINOTON AVENUE-MIAMI REA01 39, FEOIHOA
Ordinance No. 285, relative to construction
contractors, except insofar as such ordinance
may conflict with the provisions of the Code
hereby adopted;
Ordinance No. 289, commonly known as the
"Zoning Ordinance of the City of Miami Beach,
Florida";
Ordinance No. 524, relative to gas fitters;
Ordinance No. 820, relative to seawall
construction;
Ordinance No. 845, relative to pension
and retirement system for certain city employees;
Ordinance No. 1042, relative to air
conditioning, insofar as such ordinance is
not in conflict with the South Florida
Building Code.
SECTION 4: Whenever in the Code adopted by this ordinance or
in any other ordinance of the city or in any rule,
regulation or order promulgated by any officer or agency of
the city under authority duly vested in him or it any act is
prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or the doing of any act is required or the
failure to do any act is declared to be unlawful or an offense
or a misdemeanor, where no specific penalty is provided therefor,
the violation of any such provision of such Code or any other
ordinance of the city or such rule, regulation or order shall
be punished by a fine not exceeding one thousand dollars, or
:may imprisonment in the city jail, or hard labor on the streets
or other works of the city, and imprisonment in jail shall
include such work, for a term not exceeding ninety days, or
by both such fine and imprisonment.
Except where otherwise provided, every day any violation
of such Code or any other ordinance of the city or such rule,
regulation or order shall continue shall constitute a separate
offense.
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of
the provisions of this Code or other ordinance, rule, regula-
tion or order shall be deemed a public nuisance and may be,
by the city, abated as provided by law, and each day that such
condition continues shall be regarded as a new and separate
offense.
Any person convicted of violating any provisions of this
Code or any ordinances of the city or any such rule, regulation
or order, upon whom a fine shall be imposed, who may not be
able to pay such fine and costs, may be made to work out upon
the public works and streets of the city such fine and costs,
under the direction of the chief of police at the rate of
-2-
OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39, FLORIDA
two dollars and fifty cents per day for nine hours each day.
All such persons condemned to imprisonment may be compelled
to perform such labor during any such term of imprisonment.
SECTION 5 : it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sen-
tences, clauses and phrases of this ordinance and the Code
hereby adopted are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance or the Code
hereby adopted shall be declared unconstitutional or other-
wise invalid by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality or inval-
idity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance or the
Code hereby adopted.
PASSED and ADOPTED this 19th day of , August 1964.
a
ATTEST:
R. Wm- L. Johnson
r) city 'roa
By
Deputy
1st reading - August 5, 1964
2nd reading - August 5, 1964
3rd reading - August 19, 1964
POSTED - August 19, 1964
-3-
OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE--MIAMI BEACH 39, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk of the City
of Miami Beach, Florida, do hereby certify that
Ordinance No. 1521 entitled:
"AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF
THE ORDINANCES OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED ' THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, '
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES
HEREINAFTER SET OUT",
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 19th day of August, AwD. 19 64 , 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 October 1964.
City Cler
I
N
N
U
q
N
C
cro
b H
N °
N �
a o 0
z O N
H Z > C
x 4J
° rnm
z au
H 1 A
P4
0 oro
roo
•L u