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Ordinance 958 ORDINANCE NO. 95-3 a AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, R: GULATI `TG I,:u' PLACING OR 'AIN- TFNANCE OF ADVERTISING SIGNS OR DEVICES IN OR ABOUT GASOLINE, AUTOMCBILE SERVICE STATIONS AND CAR WASHING STATIONS; PRO- HIBITING MISLEADING OR DECEIVING ADVERTISE- MENTS OR REPRESENTATIONS IN THE SALE OF GASOLINE OR OTHER PETROLEUM PRODUCTS; PROVIDI •TG FOR A PENALTY. WHEREAS, the practice of -lacing and maintaining large signs, placards and other advertising devices on and about the premises of many gasoline and automobile service stations and car washing stations are designed and intended to, and do, attract the attention of passing motorists, and thereby con- stitute a traffic hazard and a danger to the public safety, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C TTY OF MIAMI BEACH, FLORIDA: SECTION 1: It shall be unlawful for any person, firm or cor- - ' ' ~� poration engage('. in the business or occupation of selling or offering for sale any gasoline, oil or other petroleum product, for retail use in motor vehicles and for immediate and direct delivery to such motor vehicles by means of mechanical dispensing eauipment, to post, place or maintain at the place of sale, any sign, placard or other advertising display that states, relates or refers to the price at which such petroleum products are sold, or offered for sale, unless: (a) Such sign, placard or other display is not larger than 12 inches in height and twelve inches in width. (h) Such sign, placard or other display is posted , placed or maintained on the said dispensing equipment and at no other place in or about the premises so offering such products for sale. (c) Such sign, placard or other display shall indicate thereon clearly and legibly in numbers of uniform size, the selling price or prices per gallon of such gasoline or products so sold or offered for sale from such pump or other dispensing device together with the name, trade name, brand, mark or symbol, and grade or quality classification, if any, of such gasoline, together with the amount of governmental tax to be collected in connection with the sale of such gasoline, separate and apart from the sellin price or prices. SECTION 2: It shall be unlawful for any person, firm or cor- �� poration engaged in the business or occupation of the servicing of motor vehicles in any manner whatsoever including the washing or polishing of such motor vehicles, to place, post or maintain any sign, placard or other device adver- tising or offering such servicing to the public, unless; (a) Such sign, placard or other display is not larger than twelve inches in height and twelve inches in width. - 1 (b) Such sign, placard or other advertising display or device is placed, posted, located or maintained not less than fifteen feet from any public sidewalk, street, alley or other public way. SECTION 3: Nothing contained in this ordinance shall be deemed or interpreted to prohibit the placing, posting or maintaining of any placard, sign or other display • containing only the name or names of the above-described businesses , or of the owner or operator thereof, or the name or names, or brand or brands, trade names, marks or symbols, or any combination there- of, of the product, or products, sold or offered for sale, as such placing, posting , display, construction or maintenance of such signs , placards or other evices may be otherwiss permitted by SECTION 4: It shall be unlawful for any person, firm or cor- __� poration to sell or offer for sale gasoline or other petroleum products for use in motor vehicles at retail in any manner so as to deceive or tend to deceive the purchasers as to the price, nature, quality or identity thereof, or to sell or offer for sale from any pump, dispensing device, or container any gasoline or other petroleum products other than that gasoline or other petroleum products manufactured or distributed by the manufacturer or distributor marketing such gasoline or other petroleum products under the name, trade name, brand, symbol or mark affixed to or contained on such pump, dispensing device or container, or to substitute, mix or adulterate gasoline or other petroleum products sold or offered for sale under a name, trade name, brand, symbol or mark. SECTION 5: Any person violating any of the provisions of this ordinance, or failing to comply with the require- ments thereof as provided, shall, upon conviction thereof, be punished by a fine of not more than One Thousand N1,000.00) Dollars, or by imprisonment for not more than ninety (90) days, or by both such fine and such imprisonment in the discretion of the court. SECTION 6; This ordinance shall go into effect immediately upon _ . its passage and posting as required by law. PASSED and ADOPTED this 27th day of December, A. D. 1950. ayor ATTEST: C. W. Tomlinson, City Clerk By Deputy Ci y lerk 1st reading - December 6, 1950 2nd reading - December 6, 1950 3rd reading - December 27, 1950 POSTED - December 27, 1950 -2- 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. 958, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, REGULATING THE PLACING OR MAINTENANCE OF ADVERTISING SIGNS OR DEVICES IN OR ABOUT GASOLINE, AUTOMOBILE SERVICE STATIONS AND CAR WASHING STATIONS; PROHIBITING MISLEADING OR DECEIVING ADVERTISE- MENTS OR REPRESENTATIONS IN THE SALE OF GASOLINE OR OTHER PETROLEUM PRODUCTS; PROVIDING FOR A PENALTY", 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 27th day of December, 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 31st day of January, A. D. 1951. a Ci y Clerk Mj C'f V W 014 M t-1 CO 1-43 N• H H !-i• 0'J 01 OQ