Ordinance 962 ORDINANCE NO. 962
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROHIBITING MISLEADING AND
DECEPTIVE ADVERTISING; PROVIDING FOR A
• PENALTY FOR VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY TBT; CITY COUNCIL OF TIi. CITY OF MIAI"MI BEACH,
FLORIDA;
SECTION 1; The word "person" as used in this ordinance shall
mean any person, male or female, or any firm,
association, or corporation, or any person, acting
as agent, employee or representative of any other person, or
of any firm, association, partnership or corporation.
SECTION 2; It shall be unlawful for any person in the City of
Miami Beach, Florida, with intent to sell, rent,
lease or in anywise dispose of any merchandise or
service, or of any commodity, facility or accommodations of
whatsoever nature to the public , or with intent to induce the
purchase, rental , lease or use by the public, of any merchandise,
services , facilities or accommodations, including any room or
rooms, apartment or other living or dwelling accommodations
knowingly or intentionally to make, publish, circulate or place
before the public in this City, any sign, poster, show card, or
other printed, painted or written advertisement, or any oral or
verbal representation to the public, or to make any other form
of public representation of any nature whatsoever, regarding such
merchandise, services, facilities or accommodations so offered to
the public, which advertisement or other form of public repre-
sentation contains any assertion, representation or statement
which is untrue , deceptive or misleading.
SECTION 3 ; It shall be unlawful for any person in the City of
Miami Beach, Florida, to advertise, or otherwise
represent to the public, in any manner whatsoever,
the prices, rates or fees to be demanded or charged for any
merchandise, facilities, services or accommodations offered to
the public, which prices, rates or fees are so represented or
stated as to be incomplete, untrue, deceptive or misleading.
SECTION 4o It shall be unlawful for -any _person in the City of
Miami Beach, Florida, to advertise, or otherwise
represent to the public, in any manner whatsoever,
the location, type, nature, extent and price of any housing
accommodations and facilities offered to the public, which
advertising or other public representation is untrue, deceptive
or misleading.
SECTION 5; It shall be unlawful for any person in the City of
Miami Beach, Florida, to advertise or otherwise
represent to the public , in any manner whatsoever,
the brand, quality, quantity, trade name or other character of
any goods, wares or merchandise, or service or facility of
whatsoever kind, which advertisement or other public repre-
sentation is untrue, deceptive or misleading.
SE_CTION 6; It shall be unlawful for any person in the City of
- Miami Beach, Florida, to advertise, or otherwise
represent to the public, in any manner whatsoever,
a reduction in the price of any goods, wares, merchandise,
service, facility or accommodation, of whatsoever kind offered
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to the public, whether such price reduction is represented in
complete price figures or by percentage of reduction under a
previous price, where said reduction is not based upon a previous
bonafide sale price or cost price theretofore advertised or repre-
sented to the public for the articles or services so offered to
the public.
SECTION Z: It shall be unlawful for any person in the City of
- r Miami Beach, Florida, by means of exaggerated vari-
ations in the comparative size, location or position
of letters , figures or other markings or characters on any price-
tag, sign poster, notice, display or advertisement or other public
representation of any nature whatsoever, to mislead or deceive,
or to attempt to mislead or deceive the public as to the true
nature, price, quantity, quality, brand or character of any goods
wares , merchandise, services , facilities or accommodations, or a&.
the nature of, or the reason, if any is offered, for the sale cr
offering for sale so being made to the public.
SECTION 8o Any person, firm, partnership, association or cor-
�:_ poration violating the provisions of this ordinance,
shall upon conviction thereof, be punished by a fine
of not more than One Thousand Dollars ($1,000.00) , or by imprison
ment for a period of not more than ninety (90) days .
SECTION 99: In the event any section, sub-section, sentence,
W clause or phrase of this ordinance shall be declared
or adjudged to be invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, sub-
sections, sentences, clauses or phrases of this ordinance, which.
shall remain in full force and effect as if the section, sub-
section, sentence, clause or phrase so declared or adjudged to
be invalid or unconstitutional was not originally a part of this
ordinance.
SECTION 10: 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.
(41t-417..,/1 (
Mayor
ATTEST:
C. W. Toml son, City Clerk
By 44!. -4 i 1 .414W44(
Depu City ler
1st reading - December 7, 1950
2nd reading - December 7, 1950
3rd reading - December 27, 1950
POSTED - December 27, 1950
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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. 962,
entitled: "AN ORDINANCE OF THE CITY OF ML.MI BEACH, FLORIDA,
PROHIBITING MISLEADING AND DECEPTIVE ADVERTISING; PROVIDING
FOR A PENALTY FOR 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 ate 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.
Ci y Clerk
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