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Ordinance 901 ORDINANCE NO. 901 AN ORDINANCE PROHIBITING THE SALE, POSSESSION, TRANSPORTATION OR UTILIZATION OF ANY STINK BOMB, STINK POT OR OTHER SIMILAR DEVICE OR APPARATUS; PROHIBITING THE MAKING OR CAUSING OF ANY OBNOXIOUS ODOR ON THE PREMISES OF ANOTHER BY MEANS OF SUCH DEVICE OR APPARATUS, OR BY MEANS OF ANY CHEMICAL OR CHEMICAL PREPARATION; EXEMPTING ODORS NORMALLY CAUSED BY THE LAWFUL EXERCISE OF A TRADE, BUSINESS OR OCCUPATION; PROVIDING A PENALTY FOR THE VIO- LATION HEREOF; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: It shall be unlawful forany person in the City of Miami Beach, Florida, in any manner whatsoever, to buy, sell or possess or transport, or to utilize or cause to be put into operation any stink bomb, stink pot, or other similar implement, container, device or apparatus. SECTION 2: It shall be unlawful for any person in the City of Miami Beach, Florida, to make, cause or to permit the making or causing of any obnoxious 'odor by means of any stink bomb, stink pot or similar device or by means of any chemical or chemical preparation or product in or about the premises of another without the consent of the owner or other person in custody or control of such premises. SECTION 3: Nothing contained in this ordinance shall prohibit or be construed to prohibit the business, trade or occupation of exterminators or fumigators or other similar lawful business, trade or occupation licensed or permittedby law, nor to prohibit the creation of any odor normally and usually connected with the normal operation of any lawful business, trade or occupation. SECTION 4: That should any part of this ordinance be declared invalid or unconstitutional, the remaining portions shall continue in force and effect as though such invalid or unconstitu- tional portion had not been contained herein. SECTION 5: Any person, firm or corporation who shall violate the pro- visions of this ordinance shall, upon conviction thereof be punished by a fine not exceeding One Thousand (411,000.00 ) Dollars, or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the munici- pal judge. SECTICN 6: That the welfare of the City is in peril and this ordinance is hereby declared to be an emergency measure and to be necessary for the protection of the citizens and for the immediate preservation of the public peace, health and safety, and the three readings thereof shall be had at one session, and this ordinance shall go into effect immediately upon its passage. PASSED and ADOPTED this 12th day o October, A. D. 1949. ayor ATTEST: ity Clerk lst reading - October 12, 1949 2nd reading - October 12, 1949 3rd reading - October 12, 1949 POSTED - October 12, 1949 STATE OF FLORIDA COUNTY OF DADE: I� C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 901, entitled: "AN ORDINANCE PROHIBITING THE SALE, POSSESSION, TRANS- PORTATION OR UTILIZATION OF ANY --STINK BOMB, STINK POT OR OTHER SIMILAR DEVICE OR APPARATUS; PROHIBITING THE MAKING OR CAUSING OF ANY OBNOXIOUS ODOR ON THE PREMISES OF ANOTHER BY MEANS OF SUCH DEVICE OR APPARATUS, OR BY MEANS OF ANY CHEMICAL OR CHEMICAL PREPARATION; EXEMPTING ODORS NORMALLY CAUSED BY THE LAWFUL EXERCISE OF A TRADE, BUSINESS OR OCCUPATION; ,PROVIDING A PENALTY FOR THE VIOLATION HEREOF; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE", 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 12th day of October, A. D. 1949, 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 15th day of November, A. D. 1949. City Clerk o 'd �i 'i 0 c (D W � O c+ H !n 011 ,a ct 0ID a F. N.- I-. m 0 A O 0 • Cr CA I V