Ordinance 668 ORDINANCE NO o 668
AN ORDINANCE DEFINING ABANDONED AUTO-
MOBILES AS NUISANCES, DECLARING THE
SAME DETRIMENTAL TO THE SAFETY, CON-
VENIENCE AND WELFARE OF THE INHABITANTS
OF THE CITY OF MIAMI BEACH, FLORIDA,
AND PROVIDING FOR THE SEIZURE, STORAGE
AND SALE OF ABANDONED AUTOMOBILES FOUND
ANYWHERE WITHIN THE LIMITS OF THE CITY
OF MIAMI BEACH, WHETHER ON PUBLIC OR
PRIVATE PROPERTY, AND REPEALING ALL
ORDINANCES HERETOFORE ENACTED AND DEALING
WITH THE SAME SUBJECT MATTER AS THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That automobiles abandoned upon private or public
property be and the same are hereby defined as
nuisances and detrimental to the safety, convenience and welfare
of the inhabitants of the City of Miami Beach, Florida.
SECTION 2. That the Chief of Police of the City of Miami Beach,
Florida, by and through his subordinates, is hereby
authorized and directed to seize and reduce to possession any and
all automobiles which may be found abandoned upon any property,
whether public or private, in the City of Miami Beach, Florida,
and to store said automobiles as hereinafter provided.
SECTION 3. That the City Manager of the City of Miami Beach,
Florida, is hereby directed to provide a storage place
where automobiles seized under the provisions of this ordinance
may be stored by the Chief of Police and retained and kept for a
period of twenty (20) days from the date of seizure thereof.
SECTION 4. That during said period of twenty days after the
seizure of any such automobile the Chief of Police
shall make reasonable efforts to notify the owner or owners of any
such automobiles that the same are being retained under the provisions
of this ordinance and the Chief of Police shall, during such period
of twenty days, permit the owners thereof to have possession thereof
upon proof of ownership and upon payment of reasonable storage and
costs charges, in connection with the seizure and storage of said
automobiles, which said charges and costs shall be fixed by the City
Manager.
•
SECTION 5. That after the expiration of said period of twenty days,
the City Manager shall sell any such automobile not
claimed and recovered by the owner thereof, as permitted hereby,
and such sale shall be a public sale, held at the place of storage
of such automobile or automobiles, after ten (10) days notice in
writing to the owner, if he can be found, or by advertising once in
a newspaper of general circulation in the City of Miami Beach, Florida,
which advertisement shall appear not more than ten days nor less than
five days prior to the date of such public sale.
SECTION 6. That out of the proceeds of the sale of any such auto-
mobile or automobiles the . sts and storage shall be first
paid and any balance of the sale priceemaining shall be retained by
the City of Miami Beach in a special fund, for a peridd of one year,
during which time the owner or owners of any automobile or automobiles
sold under the provisions hereof shall be entitled to receive from the
City of Miami Beach the proceeds of the sale of any such automobile or
automobiles, over and above the costs and storage paid as hereinabove
set forth; provided, any such owner or owners shall prove their
ownership of the automobile or automobiles so sold in a manner
satisfactory to the City Manager.
SECTION 7. That after the expiration of one year after the sale
of any such automobile or automobiles, as hereby pro-
vided, any sums arising from the sale thereof and retained by the
City as hereinabove provided for and which remain unclaimed by the
owner or owners of any such automobile or automobiles so sold shall
be transferred to the general fund of the City of Miami Beach,
Florida,
SECTION 8, That Ordinance No, 441 of the City of Miami Beach, Florida,
covering the same subject matter as is the subject of the
above Ordinance, is hereby repealed and all Ordinances and parts of
Ordinances in conflict herewith are hereby repealed,
SECTION 9, That if aiy section of this Ordinance shall be declared
invalid for any reason whatsoever, such invalidity shall
not affect the validity of the remaining Sections thereof.
SECTION 10. That the health, safety and welfare of the City are in
peril, and this Ordinance is declared to be an emergency
measure, and shall go into effect immediately upon its passage and
adoption.
PASSED AND ADOPTED this 21st day of October, A. L,, 1942.
Mayor
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ATTEST•-
r _
City Clerk
1st, 2nd and 3rd
Readings as
Emergency Measure -
October 21st, 1942.
Posted - October 22nd, 1942.
r
STATE OF FLORIDA)
COUNTY OF DADE )
I, C. W. TOLLINSON, City Clerk in and for
the City of Miami Beach, do hereby certify that Ordinance
No. 668 entitled "AN ORDINANCE DE 'INING ABANDONED AUTOMOBILES
AS NUISANCES, DECLARING THE SAME DETRIMENTAL TO THE SAFETY,
CONVENIENCE AND 'dyELFARE OF THE INHABITANTS OF THE CITY OF
MIAMI BEACH, FLORIDA, AND PROVIDING FOR THE SEIZURE, STORAGE
AND SALE OF ABANDONED AUTOMOBILES FOUND ANYWHERE WITHIN THE
LIMITS OF THE CITY OF MIAMI BEACH, WHETHER ON PUBLIC OR PRIVATE
PROPERTY, AND REPEALING ALL ORDINANCES HERETOFORE ENACTED AND
DEALING WITH THE SAYE SUBJECT MATTER AS THIS ORDINANCE" , 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 of said City on the 22nd day of October, A. D. ,
1942, 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 23rd day of November, A. D. , 1942.
tP
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ity Clerk
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