Ordinance 849ORDINANCE NO. 849
AN ORDINANCE AMENDING PORTIONS OF ORDINANCE
NO. 258 OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED: "AN ORDINANCE OF THE CITY OF MIAIMI
BEACH, FLORIDA, REGULATING TRAFFIC UPON THE
PUBLIC STREETS OF THE CITY OF MIAMI BEACH,
FLORIDA AND REPEALING ORDINANCES LOS. 98, 104,
161, 173, 174 175 181, 165 207, 218 and
ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES
IN CONFLICT HEREWITH."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 1 of Ordinance No. 258 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
"SECTION 1: DEFIFNITIONS: Whenever in this Ordinance
the following terms are used, they shall have the
meanings respectively ascribed to them in this section.
STREET OR HIGHWAY. Every way set apart for -public
travel, except foot paths.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway
not open to the use of the public for purposes of
vehicular travel.
ROADWAY. That portion of a street or highway between
the regularly established curb lines or that part
devoted to vehicular traffic.
SIDEWALK. That portion of a street between the curb
lines and the adjacent property lines.
INTERSECTION. The area embraced within the prolongation
of the lateral curb lines or, if none, then the lateral
boundary lines of two or more streets or highways which
join one another at an angle whether or not such street
or highway crosses the other.
CROSSWALK. That portion of a roadway ordinarily
included within the prolongation of curb and property
lines at intersections, or any other portion of a
roadway clearly indicated for pedestrian crossing by
lines or other markings on the turface.
SAFETY ZONE. The area or space officially set apart
within a roadway for the exclusive use of pedestrians
and which is so marked or indicated by proper signs
as to be plainly visible at all times while set apart
as a safety zone.
PASSENGER ZONE. The area or space officially set
apart within a street for the loading and unloading
of passengers from public cars.
LOADING ZONE. The area or space officially set
apart within a street or alley for the loading and
unloading of materials.
(1)
VEHICLE. Every device in, upon, or by which, any
person or property is or may be transported or
drawn upon a public highway,excepting devices moved
by human power or exclusivey upon rails or tracks.
MOTOR VEHICLE. Every vehicle, as herein defined,
which is self propelled.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire
Department, Police vehicles and such ambulances and
emergency vehicles of municipal departments or public
service corporations as aredbsignated or authorized
by the Chief of Police.
PEDESTRIAN. Any person afoot.
OPERATOR. Any person who is in actual physical
control of a vehicle.
TRAFFIC. Pedestrians, ridden animals, herded animals,
vehicles and bicycles, either singly or together, while
using any street for purposes of travel.
RIGHT -OF -':JAY. The privilege of the immediate use of the
street or highway.
PMXING. The stopping or standing of a vehicle, whether
attended or unattended, upon a roadway, other than
for the purpose of, and while actually engaged in, load-
ing or unloading, or other than in obedience to traffic
regulations, traffic signs, or traffic signals.
OFFICIAL TRAFFIC SIGNS. All signs and markings
other than signals, not inconsistent with this Ordinance,
placed or erected by authority of a public body or official
having jurisdiction for the purpose of guidinrf, directing,
warning or regulating traffic.
OFFICIAL TRAFFIC SIGNALS. All signs, not inconsistent
with this Ordinance, placed or erected by authority of
a public body or official having jurisdiction, for
the purpose of directing, warning or regulating traffic.
TRAFFIC CONTROL SIGNAL. Any device using colored lights,
or words, or any combination thereof, whether manually,
electrically or mechanically operated, by which traffic
is alternately directed ib stop and to proceed.
POLICE OFFICER. Every officer of the Municipal Police
Department or any officer authorized to direct or regulate
traffic or to make arrests for violations of traffic
regulations."
SCTION 2: That Section o of Ordinance No. 258 of the City of
Miami Beach, Florida, be and the same is hereby amended
to read as follows:
"SECTION 8: OBEDIENCE TO TRAFFIC SIGNS AND SIGNALS. It
shall be unlawful for any operator to disobey the instruc-
tions of any official traffic sign or signal upon the
street placed in accordance with the provisions of this
Ordinance, unless otherwise directed by a police officer.
(2)
SECTION 3: That Sections 17 and 18 of Ordinance No. 258 of the
City of Miami Beach, Florida, be and the same are
hereby repealed.
SECTION 4: That Section 20 of Ordinance 1:o. 258 of the City of
Miami Beach, Florida, reading as follows:
"SECTION 20: BOARDING OR ALIGHTING FROM STREET CARS
OR VEHICLES. It shall be unlawful for any person to
board or alight from any street car or vehicle while
such street car or vehicle is in motion"
be and the same is hereby amended to read as follows:
"SECTION 20: BOARDING OR ALIGHTING FROM VEHICLES.
It shall be unlawful for any person to board or
alight from any vehicle while such vehicle is in
motion.
SECTION 5: That Section 21 of Ordinance No. 258 of the City of
Miami Beach, Florida, reading as follows:
"SECTION 21: UNLAWFUL RIDING. It shall be unlawful
for any person to ride on any street car or vehicle
upon any portion thereof not designed or intended for
the use of passengers when the vehicle is in motion.
This provision shall not apply to an employee engaged
in the necessary discharge of a duty, or within truck
bodies, in space intended for merchandise."
be and the same is hereby amended to read as follows:
"SECTION 21: UNLAJFUL RIDING. It shall_ be unlawful
for any person to ride on any vehicle upon any portion
thereof not designed or intended for the use of
passengers when the vehicle is in rotion. This pro-
vision shall not apply to an employee engaged in the
necessary discharge of a duty, or within truck bodies,
in space intended for merchandise."
SECTION 6: That Section 22 of Ordinance No. 253 of the City of
Miami Beach, Florida, reading as follows:
"SWTION 22: STREET CARS NOT TO BLOCK STREET. It
shall be unlawful for the directing officer or the
operator of any street car to direct the operation
of or to operate the same in such a manner as to
prevent the use of any street for purposes of travel
for a period of time longer than five minutes. It
shall be unlawful for any street car to stop within
an intersection or on a crosswalk for the purpose of
receiving or discharging passengers."
be and the same is hereby repealed, and in lieu thereof, a Section
to be known as Section 22 be inserted to read as follows:
" SECTION 22: DRIVER'S LICENSE.
(1) Every operator of a motor vehicle shall
have his State operator's or chauffeur's license
in his immediate possession at all times when
operating a motor vehicle, and shall display same
upon demandof any police officer of the City of
Miami Beach, provided, however, that no person
charged with violating this section shall be con-
victed if he produces in court an operator's or
chauffeur's license theretofore issued to him and
valid at the time of his arrest. n
(3)
SECTION 7: That Section 23 of Ordinance No. 258 of the City of
Miami Beach, Florida, be and the same is hereby
amended by deleting Sub -section (3) thereof, and
by adding thereto, at the end thereof, Sub -paragraph (11) to read
as follows:
"(11) It shall be unlawful to park, or to cause or
permit to be parked, a motor vehicle upon any
street or other public way in the City of
Miami Beach for a continuous period of time
longer than the legal parking time designated
by official traffic signs or signals posted
upon such street or way."
SECTION 8: That Section 38 of Ordinance No. 258 of the City
of Miami Beach, Florida, reading as follows:
"SECTION 38: OPERATION OF VEHICLES ON APPROACH OF
AUTHORIZED EM'RGFNCY VEHICLE. (a) Upon the approach
of any authorized emergency vehicle or vehicles giving
audible signal by bell, siren or exhaust whistle, the
operator of every other vehicle shall immediately drive
the same to a position as near as possible and parallel
to the right hand edge or curb of the street, clear
of any intersection, and shall stop and remain in such
position until thr authorized emergency vehicle or
vehicles shall have passed, unless otherwise directed
by a police officer; and the operator of every street
car shall immediately stop such car clear of any inter-
section and keep it in such position until the authorized
emergency vehicle or vehicles shall have passed, unless
otherwise directed by a police officer."
be and the same is hereby amended to read as follows:
"SECTION 38: OPERATION OF VEHICLES ON APPROACH OF
AUTHORIZED EMERGEICY VEHICLE. (a) Upon the approach
of any authorized emergency vehicle or vehicles giving
audible signal by bell, siren or exhaust whistle,
the operator of every other vehicle shall immediately
drive the same to a position as near as possible and
parallel to the right hand edge or curb of the street,
clear of any intersection, and shall stop and remain
in such position until the authorized emergency vehicle
or vehicles shall have passed, unless otherwise directed
by a police officer."
SnCTION 9: That Section 42 of Ordinance No. 258 of the City of
Miami Beach, Florida, reading as follows:
"SECTION 42: CLINGING TO lMOVING VEHICLES. It shall
be unlawful for any person traveling upon any bicycle,
motorcycle, coaster, roller skates, or any toy vehicle
to cling to, or attach himself or his vehicle to any
other moving vehicle or street car upon any roadway."
be and the same is hereby amended to read as follows:
"SECTION 42: CLINGING TO MOVING VEHICLES. It shall
be unlawful for any person traveling upon any bicycle,
motorcycle, coaster, roller skates, or any toy vehicle
to cling to, or attach himself or his vehicle to any
other moving vehicle upon' any' roadway. "
(4)
SECTION 10: That Sub -section (b) of Section 45 of Ordinance No.
258 of the City of Miami Beach, Florida, reading as
follows:
"(b) It shall be unlawful for any passenger in a
vehicle or street car to ride in such position as
to interfere with the operator's view ahead, or
to the si6es, or to interfere with the operator's
control over the driving mechanism of the vehicle."
be and the same is hereby amended to read as follows:
"(b) It shall be unlawful for any passenger in a
vehicle to ride in such position as to interfere
with the operator's view ahead, or to the sides,
or to interfere with the operator's control over
the driving mechanism of the vehicle."
SECTION 11: That Section 46 of Ordinance No. 258 of the City of
Miami Beach, Florida, reading as follows:
"S=Ii]CTION 46: CROSSING FIRE HOSE. No street car or
vehicle shall be driven over any unprotected hose of
the Fire Department when laid down on any street,
private driveway or street car track to be used at
any fire or alarm of fire, without the consent of
the Fire Marshal or Fire Department official in
command . "
BE AND THE SAME I,S hereby amended to read as follows:
"SECTION 46: CROSSING FIRE HOSE. No vehicle shall
be driven over any unprotected hose of th8rFire
Department when laid down on any street,/private
drivevlay to be used at any fire or alarm of fire,
without the consent of the Fire Marshal or Fire
Department official in command."
SECTION 12: That Section 48 of Ordinance No. 2.58 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
"SECTION 48: IIECHANICAL CONDITION. Every motor
vehicle operated or driven upon the public highways
of this City shall be provided with adequate brakes
in good working order and sufficient to control such
vehicle at all times when the same is in use. Said
motor vehicle shall also during the period from one-
half hcur after sunset to one-half hour before sunrise
display at least two lighted lamps on the front and one
on the rear of such vehicle, while in operation.
Said lamps on the front of said vehicle shall be pro-
vided with dimmers of non -glaring character, which
said dimmers shall be used at all times during said
period when said vehicle is in operation. It shall
be unlawful for any person to operate any motor vehicle,
or for the owner of any motor vehicle to cause or
knowingly permit the operation of such motor vehicle
upon any public street in the City of Miami Beach,
which vehicle does not comply with and conform to
the requirements as to mechanical condition and inspec-
tion as provided by the ordinances of the City of
Miami Beach."
(5)
•
S':;CTI0 13: That Section 50 of Ordinance No. 258 of the City of
Miami Beach, Florida, be and the same is hereby amended
to read as follows:
"3.CTION 50: (a) :RECKLESS DRIVING. Any person
who drives any vehicle on a highway carelessly and
heedlessly in wilful and wanton disregard of the
rights and safety of others, or without due caution
and circumspection, having due regard for traffic,
surface and width of the highway and any other driving
conditions then existing, or in a manner so as to
endanger or be likely to endanger any person or any
property, shall be guilty of reckless driving.
(b) RECKLESS DRIVING BY SPEEDING'. Any person who
drives any vehicle upon a highway at a speed greater
than that designated by official traffic signs posted
upon said highway, or under existing conditions of
traffic, surface and width of highway, and of actual
and potential hazards then existing, at a speed
greater than is reasonable and prudent and so as
to endanger or be likely to endanger any person or
property, shall be guilty of reckless driving by
speeding."
SECTION 14: That Section 69 of Ordinance No. 258 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
"SECTION 69: Traffic offenses for which summons
may be issued and penalties therefor accepted by
the Police Department from the person to whom
such summons shall have been issued, and the amounts
of such penalties shall be as follows:
1. For any offense as set forth in said
Ordinance No. 258, except Sections
49 and 50:
lst offense ;1.00
2nd offense 3 00
2. Three (3) or more offenses, offenses involving
intoxicating liquors or narcotic drugs in
connection with driving of a vehicle, and
cases of reckless driving as described in
Section 50 (a) hereof, shall be referred
to the Municipal Court for disposition in
the regular manner.
3. For the offense as set forth in Section 50 (b)
hereof:
1st offense 210.00
2nd and subsequent offenses shall be referred
to the Municipal Court for disposition."
SECTIONJ: That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSD and ADOPTED this 5th__ day of May, A. D. 1948.
Attest:
(6)
lst reading - April 21, 1948
2nd reading - April 21, 1948
3rd reading - May SI 194Posted - Ma y
STATE OF FLORIDA
COUNTY OF DADE:
I, C. W. TOMLINSON, City Clerk in and for the City
of Miami Beach, Plorida, do hereby certify that Ordinance No.
849, entitled: "AN ORDINANCE AMENDING PORTIONS OF ORDINANCE
NO. 258 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: 'AN
ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE
CITY OF MIAMI BEACH, FLORIDA, AND REPEALING ORDINANCES NOS.
98, 104, 161, 173, 174, 175,
181, 165, 207, 218 AND ALL
OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HERE-
WITH", 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,
Florida, one of which was at the door of the City Hall in
said City on the 5th day of May, A. D. 1948, 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 City of Miami Reach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida
on this the 14th day of June, A. D. 1948.
(2(!: City Clerk
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