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Ordinance 941 ORDINANCE NO. 94+1 • AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING CONDITIONS UNDER WHICH PERMANENT CANOPIES CAN BE ERECTED OVER CITY SIDEWALKS; PROVIDING FOR CANOPY DIS- TRICTS; PROVIDING FOR ITS ENFORCEMENT; PROVIDING FOR THE PROTECTION OF THE CITY AGAINST CLAIM RISING OUT OF SUCH CANOPIES; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER OTHER CITY ORDINANCES; AND PROVIDING FOR PENALTIES FOR VIOLATIONS HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The purpose of this ordinance is to provide authority for the construction' of permanent canopies over city streets in connection with store fronts in business areas, to regulate such canopies in such manner as not to interfere with necessary street widenings and public utilities, and so as to produce the maximum uniformity of design consistent with the con- trolling conditions. The authority provided hereunder shall not confer any property rights to the areas occupied by such canopies, and shall be subject to the right of the City to require the re- moval of such canopies if changes in the governing conditions so require. SECTION 2: Because of varying controlling conditions of street widths and utilities, the business frontages of the City are hereby divided into Canopy Districts as follows: CANOPY DISTRICT A: This District shall consist of the North side of Twenty-third Street, between the Nest property line of Collins Avenue and East property line of Liberty Avenue. In this District, permanent canopies, if erected, shall be cantilever from the main building walls and shall project a uniform distance of seven feet and six inches (7'-6") from the property line, and shall be a uniform height above the sidewalk of ten feet and no inches (10' -0") . CANOPY DISTRICT B: This District shall consist of the East side of Liberty Avenue, between the North property line of Twenty-third Street and the South property line of the Collins Canal. In this District, permanent canopies, if erected, shall be cantilever from the main building walls and shall project a uniform distance of three feet and six inches (3 ' -6") from the property line, and shall be a uniform height above the sidewalk of ten feet and no inches (10' -0") . CANOPY DISTRICT C: This District shall consist of the West side of Collins Avenue, between the North property line of Seventy-fourth Street and the South property line of Seventy-fifth Street; and the North side of Seventy-fourth Street, between the West property line of Collins Avenue and the East property line of the alley between Collins Avenue and Harding Avenue. OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA In this District, permanent canopies, if erected, shall be cantilever from the main building walls and shall project a uniform distance of seven feet and no inches (7'-0") from the property line, and shall be a uniform height above the sidewalk of ten feet and no inches (10' -0") . OTHER CANOPY DISTRICTS: It is the intent that studies be made by the City Council of all business areas, and suitable projections and heights established. As such areas regulations are established they shall be added to this Section as new Canopy Districts, or combined into Districts already provided. SICTIOI`' : The City Engineer shall be responsible for the en- forcement of this ordinance and all building plans providing for such permanent canopies shall be sub- mitted to, and approved by, him before any building permit is is- sued by the Building Department. SECTION 4: Owners of buildings,on which such permanent canopies are erected shall assume full responsibility for any damage to persons or property which may result from the occupancy of public property by such canopies, and shall pro- vide public liability and property damage insurance in amount as determined by the City Engineer, based on the length of canopy involved. SECTIONS: The provisions of this ordinance shall take precedence over any contrary Provisions of the Building Code (Ordinance No. 592) , or any other ordinance of the City of Miami Beach, Florida. SECTION 6: Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of this ordinance is committed, continued or permitted; and upon conviction, shall be punishabe by a fine of not more than Five Hundred Dollars (0500.00) or by imprisonment in the City Jail for not more than ninety (90) days,, or by both such fine and imprisonment. SECTIONS: Should any part of this ordinance be declared to be unconstitutional or invalid, the remaining portions shall continue to have the same force and effect as though such unconstitutional or invalid portion had not been included. SECTION 8: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 5th day of July A. D. 1950. I-T-- Mayor Attest: ./.- � - -y^ ._ City Clerk 1st reading - June 28, 1950 2nd reading - June 28, 1950 3rd reading - July 5, 1950 -,)- POSTED - July 5, 1950 OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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. 941, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING CONDITIONS UNDER WHICH PERMANENT CANOPIES CAN BE ERECTED OVER CITY SIDEWALKS; PROVIDING FOR CANOPY DISTRICTS; PROVIDING FOR ITS ENFORCEMENT ; PROVIDING FOR THE PROTECTION OF THE CITY AGAINST CLAIMS RISING OUT OF SUCH CANOPIES; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER OTHER CITY ORDI- NANCES; AND PROVIDING FOR PENALTIES FOR VIOLATIONS HEREOF", 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 5th day of July, 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 15th day of August, A. D. 1950. 61) City Clerk Cl] 1-6 1:1+"< Fi• O W (D H • mm Cn hi 0"4 H �✓CD 0 ct' OCD CD 0 OJ P.4 p ti ct W • O ct < 0 N• 11 0 0 O CA 0'z5 W H. c I CD ri CD rI'