Ordinance 917 ORDINANCE NO. 917
AN ORDINANCE REGULATING AUTOMOBILE
PARKING LOTS; PROVIDING FOR THE
LICENSING THEREOF; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDI-
NANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: The term "parking lot" as used in this ordinance shall
mean any place, lot, parcel, yard or enclosure used in
whole or in part for storing or parking three or more motor vehicles
where a storage or parking fee is charged therefor. Provided, how-
ever, that garages and other places where motor vehicles are stored
for hire within a building and for which a license fee is paid under
other ordinances of the City of Miami Beach shall be exempt from
the provisions hereof; and provided, further, that the physical,
structural and maintenance requirements provided for in this ordi-
nance for parking lots as above defined, shall apply to any place,
lot, parcel, yard or area owned or used by any business establish-
ment for the parking of the motor vehicles of its guests or patrons,
with or without fee or charge, by employees, or agents of such
business establishment.
SECTION 2: No person, firm or corporation shall conduct, operate
or maintain a parking lot without first obtaining a
license therefor from the City Clerk of the City of Miami Beach,
Florida; and no license shall be granted until the applicant for
such license shall file with the City Clerk his written application
on a form to be provided by the City Clerk, which application shall
have been approved by the City Engineer, Chief Building Inspector,
and the Traffic Director of the City of Miami Beach. Each
application shall be signed and verified, under oath, by the
applicant if an individual, or by a duly authorized agent if a
partnership or a corporation, and shall contain such information as
the City Council may, in its discretion, require.
SECTION 3: No motor vehicle shall be parked so that any part there-
of is less than five (5) feet from the side or rear
line of a parking lot.) All operators of parking lots shall construct
and maintain permanent substantial barriers to be so placed as to
prevent the motor vehicles or any part thereof from being driven
or parked within less than five (5) feet from the side and rear
property lines of such lots or the portions thereof licensed for
parking lot purposes, except that such barriers will not be required
along property lines on which are located walls, hedges or fences,
as hereinafter described, on the property used for parking lot
purposes. An opaque wall, not less than five (5) feet in height,
of material and construction to be approved by the Chief Building
Inspector or an opaque dense hedge, not less than five (5) feet in
height, shall be erected or placed and maintained upon the side and
rear lines of parking lots where such side or rear lines are
within fifty (50) feet of any existing dwelling, apartment building
or hotel, or any dwelling, apartment building or hotel hereafter
erected; provided, however, that the recu_ ement of walls, hedges,
fences and barriers along rear or side lines of parking lots, may
be waived, in the discretion of the City Council, where the occupants
of the abutting property consent to such waiver in writing. The
consent of the owner, manager or other person in custody or control
of multiple-family or business property abutting the parking lot
shall be deemed to be consent by all the occupants thereof.
SECTION 4: All parking lots shall be so constructed and maintained
as to provide a smooth surface, adequately drained,
that will not retain water, and that will remain free of dust or
loose particles,
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SECTION 5: If lighting facilities are maintained on parking lots
such lighting facilities shall be of the shielded flood
light type or other type of approved lighting at such locations and
to such an extent as will permit drivers of cars to have reasonable
access to all portions of such parking lot during the hours of
darkness. A certificate approving the lighting installation and
service shall be obtained from the Chief Building Inspector.
SECTION 6: Parking lots licensed under this ordinance shall be
equipped with fire extinguishing apparatus subject to
the approval of the Fire Department of the City of Miami Beach, and
all motor vehicles shall be so stored that they may be reached
readily in case of fire or other emergency.
SECTION 7: It shall be unlawful for any owner, operator or
employee, of any parking lot, to move or transfer any
parked motor vehicle from the parking lot from which it was received
to any public street, parking area or any unlicensed private
parking lot or other private property.
SECTION 8: Any person, firm or corporation violating any of the
terms of this ordinance shall, upon conviction thereof,
be punished by a fine of not more than One Hundred ($100.00)
Dollars, or imprisonment for not mote than Sixty (60) days, or by
both such fine and imprisonment in the discretion of the Municipal
Judge, and in addition thereto, upon such conviction, the parking
lot license issued to the owner or operator of the parking lot at
or upon which the violation occurred, may be revoked by the City
Council in its own discretion.
SECTION 9: This ordinance shall go into effect June 1, 1950.
PASSED and ADOPTED this 15th day of February, A. D. 1950.
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Mayor
ATTEST:
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City Clerk
1st reading - January 11, 1950
2nd reading - January 11, 1950
3rd reading - February 15, 1950
POSTED - February 16, 1950
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STP.TE 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.
917, entitled: "AN ORDINANCE REGULATING AUTOMOBILE PARKING LOTS;
PROVIDING FOR THE LICENSING THEREOF; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF 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 dobr of the City Hall in said City
on the 16th day of February, A. D. 1950, 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 21st day of March, A. D. 1950.
City Clerk
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