Ordinance 996 ORDINANCE NO. 996
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 11
OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
1950" TO MAKE IT UNLAWFUL FOR ANY PERSON, FIRM
OR CORPORATION TO HAVE POSSESSION OF, BUY, SELL,
GIVE AWAY OR OTHERWISE DISPOSE OF EXPLOSIVES
WITHOUT A PERMIT FROM THE POLICE DEPARTMENT OF
THE CITY OF MIAMI BEACH, FLORIDA; REQUIRING ALL
PERSONS, FIRMS OR CORPORATIONS SELLING, GIVING
AWAY OR OTHERWISE DISPOSING OF EXPLOSIVES TO KEEP
CERTAIN RECORDS; DEFINING EXPLOSIVES; DEFINING
LAWFUL AND UNLAWFUL POSSESSION OF EXPLOSIVES;
PROVIDING FOR PENALTIES; REPEALING ALL LAWS AND
ORDINANCES OR PARTS THEREOF IN CONFLICT; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE; AND
DISPENSING WITH THE READING OF THIS ORDINANCE ON
TWO SEPARATE DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Article IV of Chapter 11 of the Code of the
City of Miami Beach, Florida, 1950, is hereby amended
to read as follows : -
"ARTICLE IV. EXPLOSIVES.
DIVISION 1. IN GENERAL
Sec . 11 .47 . UNLAWFUL TO SELL, GIVE AWAY, OTHERWISE DISPOSE
OF EXPLOSIVES.
It shall be unlawful for any person, firm or
corporation to buy, sell , give away, deliver, use, store
or otherwise dispose of explosives, without first having
obtained a permit as provided for in this section, except
as provided for in this Chapter.
The Chief of Police of the City of Miami Beach,
Florida, or other authorized personnel of the Police Depart-
ment, upon proof that the person applying therefor is of
good moral character, and that good cause exists for the
issuance thereof, may issue to such person, firm or
corporation a permit to purchase, possess and use explosives
for any of the purposes set forth in this section, which
said permit shall contain the name of the person, firm or
corporation applying therefor, the quantity of explosives
authorized by the said permit and the use and/or uses
intended for the said explosives .
Lawful possession of an explosive, as used
in this Chapter, means the possession of explosives
pursuant to a permit issued therefor as provided for in
this Chapter, and:
a) in the course of legitimate blasting operations
or the arts,
b) in the course of the business of manufacturing,
selling, transporting explosives, and
c) by a public agency.
(Presumption) Any person, firm or corporation in
possession of an explosive or in control of an explosive ,
who has not first obtained a permit for the possession of
the said explosive and/or not pursuant to the use as
stated in the permit shall be presumed in unlawful
possession of the said explosive .
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Unless the context otherwise requires, 'explosive '
as used in this Chapter , includes any of the following:
a) Gun powder, blasting powder, dynamite , gun cotton,
nitro glycerine, a nitro glycerine compound,
fulminate, blasting cap (electric or non-electric)
or an explosive substance having an explosive power
equal to or greater than black blasting powder.
b) A substance to be exploded or ignited to produce a
propelling force or rendering other substances.
'Explosive ' does not include any substance specified in
this Chapter where the said substance appears within ammunition
for small arms.
Sec . 11 .48. RECORDS TO BE KEPT FOR PERSONS SELLING, GIVING
AWAY, OR TRANSPORTING OR OTHERWISE DISPOSING
OF EXPLOSIVES.
Every person, firm or corporation who sells,
gives away, transports, or otherwise disposes of explosives
shall keep an accurate journal or record book in which shall
be noted at the time it is made, each sale, delivery, gift,
or other disposition of an explosive made by him, with a
description of such explosive, whether in the course of
business or otherwise .
Each notation in the -Journal or record_book
shall show, in a legible handwritings
a) The name and quantity of the explosive sold, delivered,
given away or otherwise disposed of.
b) The name, residence, and business of the purchaser or
transferee, and the signature of the purchaser or
transferee.
c) The name of the individual, firm or corporation to
whom the explosive is delivered, sold, or given.
The journal or record book shall be kept by the
person required to keep it in his principal office or place
of business within the City of Miami Beach, Florida.
It is at all times subject to the inspection
and examination of the police authorities of the City of
Miami Beach, Florida, on proper demand.
Sec . 11 .49. REQUIREMENTS FOR SALE, ETC. It is unlawful for
any person, firm or corporation to sell, give
away, deliver or otherwise dispose of any explosives as defined
herein without first demanding from the purchaser, donee, or
transferee of the said explosives or his authorized agent his
permit to purchase, transfer or otherwise receive said
explosives, and requiring of the said purchaser, donee or
transferee proper identification to determine whether or not
he is the person to whom the said permit was issued.
Sec . 11. 491 . SIGNATURE AND ATTESTATION OF STATEMENT. In
addition to the requirements of Section 11, 49,
a statement shall be signed by the person to whom the explosives
are sold, given away, or delivered, or by his authorized agent,
the said statement to be retained by the seller, donor or
transferor, as part of his records of the sale, gift or transfer
to be presented to the police authorities upon demand. The
statement shall set forth that the person purchasing or other-
wise receiving the said explosives is the person named in the
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permit, or his authorized agent, and that the explosives are
to be used only for the purpose or purposes provided for in
the said permit. The statement shall be witnessed by two
persons known to the person selling, giving away or delivering
the explosives, that the purchaser, donee, or transferee is
personally known to them, and that to the best of their
knowledge and belief, the explosives are required by such
person for the purposes set forth in the permit.
Sec . 11.50 . PENALTIES FOR VIOLATION. The violation of any
of the sections of this article or parts thereof
shall be punishable upon conviction by a fine not exceeding
$1,000.00, or by imprisonment for not more than ninety days,
or by both such fine and imprisonment .
Each violation hereof shall constitute a separate
offense, and each unit of explosive shall constitute a separate
offense, and the said fine and imprisonment provided for herein
may be imposed for every unit of explosive found to be un-
lawfully in the possession of any person, firm or corporation;
said fines to run cumulatively and said imprisonments to run
consecutively.
DIVISION 2. FIREWORKS, ETC.
Sec . 11 .51. DISCHARGING, ETC. The discharge, firing or use
of firecrackers, rockets, torpedoes, Roman candles,
or other fireworks or substances designed and intended for
pyrotechnic display, and of pistols, canes, cannons , or other
appliances, using blank cartridges or caps containing chlorate
rof potash, is hereby prohibited; provided, that the mayor or
council may order the public display of fireworks by properly
qualified individuals; provided also, that such display shall
be of such a character and so located, discharged or fired as,
in the opinion of the chief of the fire department, shall not
be hazardous to surrounding property or endanger any person.
Sec . 11 .52. SALE PROHIBITED; REMOVAL OF STOCK. The sale of
fireworks at retail is prohibited. The chief of
the fire department may, at his discretion, remove or have
removed, at the owner' s expense , all stocks of fireworks or
other combustibles exposed for sale, or held in stock in
violation of this division. "
SECTION 2. ORDINANCES IN CONFLICT REPEALED. All ordinances or
parts of ordinances in conflict herewith be, and they
are, hereby repealed.
SECTION 3. DECLARATION OF EMERGENCY MEASURE. This ordinance is
hereby declared to be an emergency measure due to
recent bombings in this community upon the ground of urgent public
need for the preservation of peace, health, safety and property.
SECTION 4. DISPENSING WITH READINGS ON TWO SEPARATE DAYS. The
requirement of reading this ordinance on two separate
days is hereby dispensed with, and this ordinance shall go into
effect immediately upon its passage .
PASSED and ADOPTED this 5th day of December, A. D. 1951.
. /(ktMayor
ATTEST:
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ty erk
1st reading - December 5, 1951
2nd reading - December 5, 1951
3rd reading - December 5, 1951
POSTED - December 7, 1951
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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. 995 ,
entitled: "AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 11 OF
'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' TO MAKE IT
UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO HAVE POSSESSION OF,
BUY, SELL, GIVE AWAY OR OTHERWISE DISPOSE OF EXPLOSIVES WITHOUT A
PERMIT FROM THE POLICE DEPARTMENT OF THE CITY OF MIAMI BEACH,
FLORIDA; REQUIRING ALL PERSONS, FIRMS OR CORPORATIONS SELLING,
GIVING AWAY OR OTHERWISE DISPOSING OF EXPLOSIVES TO KEEP CERTAIN
RECORDS; DEFINING EXPLOSIVES; DEFINING LAWFUL AND UNLAWFUL
POSSESSION OF EXPLOSIVES; PROVIDING FOR PENALTIES; REPEALING ALL
LAWS AND ORDINANCES OR PARTS THEREOF IN CONFLICT; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE; AND DISPENSING WITH THE
READING OF THIS ORDINANCE ON TWO SEPARATE DAYS" , 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 7th day of December, A.D. 1951,
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. 1952.
CZ>
City Clerk
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