Ordinance 1116 ORDINANCE NO. 1116
AN ORDINANCE AMENDING SECTION
35. 53 OF "THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, 1950" .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: Section 35.53 of "The Code of the City of Miami
Beach, Florida, 1950" , reading as follows :
"Sec. 35.53 BOND, INSURANCE OR CASH DFPOSIT
REQUIRED
It is hereby declared unlawful for any permittee
or person to drive or operate any motor vehicle or allow
the same to be driven or operated in the city unless
such permittee shall have given, and there is in full
force at all times while such motor vehicle is being
driven or operated , on file, or proof thereof satis-
factory to the city council, in the office of the city
manager, a bond for each such motor vehicle in the
penal sum of five thousand dollars for injury to any
one person; ten thousand dollars for injuries to more
than one person in the same accident, and one thousand
dollars property damage in any one accident, with a
reliable and responsible corporate surety company
regularly and generally engaged in the conduct of the
business of a surety company, as surety, which surety
shall have been approved by the city council and which
bond shall be payable to the city, and which shall
inure:
1. To the benefit of any passenger in such
motor vehicle who may receive bodily injuries , and to
the heirs , or legal representatives, of any passenger
who may suffer death by reason of the negligence or
misconduct on the part of the permittee or driver of
such motor vehicle;
2. To the benefit of any individual who may
receive bodily injuries and to the heirs , or legal
representatives of any individual who may suffer death
by reason of the negligence or misconduct on the part
of the permittee or driver of such vehicles ;
3. To the benefit of any individual who may
sustain damage by reason of any injury to his property
by reason of the negligence or misconduct of the per-
mittee or driver of such motor vehicle ; provided ,
however , in lieu of giving such bond any permittee,
before permitting anyone to drive or operate any
motor vehicle or permitting the same to be driven or
operated, may procure and file with the city manager
a policy of liability insurance on each motor vehicle
so operated with a reliable and responsible corporate
insurance company regularly and generally engaged in
the conduct of a business of an insurance company
satisfactory to the city council insuring the per-
mittee in the sum of five thousand dollars for
injury to any one person; ten thousand dollars
for injuries to more than one person in the same
accident and one thousand dollars property damage
in any one accident.
It is further provided, that if more than
ten and not more than seventy-five motor vehicles
are owned, controlled and operated by any one per-
mittee, such permittee in lieu of the aforemen-
tioned bond or liability insurance policy covering
each motor vehicle owned, controlled and operated
by such permittee as herein provided, may keep at
all times on deposit with the city a minimum of
ten thousand dollars in cash, or may file with the
city manager a primary blanket bond or liability
insurance policy, or proof thereof satisfactory to
the city council, under which the underwriters
shall be liable for ten thousand dollars net loss
as a result of any one accident or a series of
accidents arising out of one event, of a company,
approved by the city attorney and the city council,
regularly and generally engaged in such business ,
and such permittee in addition to the minimum of
ten thousand dollars kept on deposit with the city,
or primary blanket bond or: liability insurance
policy filed with the city manager , shall file with
the city manager an excess indemnity bond or lia-
bility insurance policy, or proof thereof satisfac-
tory to the city council, of a company, approved by
the city council, regularly and generally engaged
in such business , under which bond or insurance
policy the underwriters shall be liable for the ex-
cess of tenthousand dollars net loss as a result of
any one accident or series of accidents arising out
of one event and up to one hundred thousand dollars
of excess. The bonds or liability insurance policies
provided for in this paragraph shall be blanket bonds
or liability insurance policies covering all motor
vehicles operated by such permittee, which shall pro-
vide for the payment of all final judgment recovered
by any individual on account of the ownership, opera-
tion, maintenance or use of any such vehicle or any
default in respect thereto and shall be for the bene-
fit of every individual suffering loss , damage or
injury aforesaid .
This section is intended to cover the
operation by the permittee of not to exceed seventy-
five motor vehicles , and , in the event such per-
mittee owns , controls and operates more than
seventy-five motor vehicles , such permittee shall
give and file with the city manager a bond or lia-
bility insurance policy, or proof thereof satisfac-
tory to the city council, or deposit cash with the
city, as provided for in this section, for each
additional group of seventy-five or less than
seventy-five motor vehicles , as in the first instance
for the first group of seventy-five or less than
seventy-five motor vehicles owned, controlled and
operated by the permittee.
No permit shall be issued for the operation
of a motor vehicle unless a bond or insurance
policy as provided for herein shall have been sub-
mitted to and approved by the city attorney and
city council."
be and it is hereby amended to read as follows :
-2-
Sec. 35. 53 BOND, INSURANCE OR CASH DEPOSIT
REQUIRED.
It is hereby declared unlawful for any per-
mittee or person to drive or operate any motor
vehicle or allow the same to be driven or operated
in the city unless such permittee shall have given,
and there is in full force at all times while such
motor vehicle is being driven or operated, on file,
or proof thereof satisfactory to the city council,
in the office of the city manager, a bond for each
such motor vehicle in the penal sum of Ten Thousand
Dollars for injury to any one person; Twenty
Thousand Dollars for injuries to more than one
person in the same accident, and One Thousand
Dollars property damage in any one accident, with
a reliable and responsible corporate surety com-
pany regularly and generally engaged in the conduct
of the business of a surety company, as surety,
which surety shall have been approved by the city
council and which bond shall be payable to the
city, and which shall inure :
1. To the benefitof any passenger in such
motor vehicle who may receive bodily injuries , and
to the heirs , or legal representatives, of any
passenger who may suffer death by reason of the
negligence or misconduct on the part of the per-
mittee or driver of such motor vehicle;
2. To the benefit of any individual who may
receive bodily injuries and to the heirs , or legal
representatives of any individual who may suffer
death by reason of the negligence or misconduct on
the part of the part of the permittee or driver of
such vehicles;
3. To the benefit of any individual who may
sustain damage by reason of any injury to his
property by reason of the negligence or misconduct
of the permittee or driver of such motor vehicle.
Provided , however , in lieu of giving
such bond any permittee, before permitting anyone
to drive or operate any motor vehicle or permitting
the same to be driven or operated, may procure and
file with the city manager a policy of liability
insurance on each motor vehicle so operated with a
reliable and responsible corporate insurance com-
pany regularly and generally engaged in the conduct
of a business of an insurance company satisfactory
to the city council, insuring the permittee in the
sum of Ten Thousand Dollars for injury to any one
person; Twenty Thousand Dollars for injury to more
than one person in the same accident and One Thousand
Dollars property damage in any one accident.
It is further provided, that if more than
ten and not more than seventy-five motor vehicles
are owned , controlled and operated by any one per-
mittee, such permittee in lieu of the aforementioned
bond or liability insurance policy covering each
motor vehicle owned , controlled and operated by such
permittee as herein provided , may keep at all times
on deposit with the city a minimum of Twenty Thou-
sand Dollars in cash, or may file with the city
-3-
manager a primary blanket bond or liability
insurance policy, or proof thereof satisfactory
to the city council, under which the underwriters
shall be liable for Twenty Thousand
dollars net loss as a result of any one accident
or a series of accidents arising out of one event,
of a company, approved by the city attorney and
the city council, regularly and generally engaged
in such business, and such permittee in addition
to the minimum of Twenty Thousand dollars
kept on deposit with the city, or primary blanket
bond or liability insurance policy filed with the
city manager , shall file with the city manager an
excess indemnity bond or liability insurance
policy, or proof thereof satisfactory to the city
council, of a company, approved by the city
council, regularly and generally engaged in such
business , under which bond or insurance policy
the underwriters shall be liable for the excess of
Twenty Thousand dollars net loss
as a result of any one accident or series of acci-
dents arising out of one event and up to One Hundred
Thousand dollars of excess. The bonds or
liability insurance policies provided for in this
paragraph shall be blanket bonds or liability in-
surance policies covering all motor vehicles
operated by such permittee, which shall provide for
the payment of all final judgment recovered by any
individual on account of the ownership, operation,
maintenance or use of any such vehicle or any
default in respect thereto and shall be for the
benefit of every individual suffering loss , damage
or injury aforesaid .
This section is intended to cover the
operation by the permittee of not to exceed seventy-
five motor vehicles , and , in the event such per-
mittee owns , controls and operates more than
seventy-five motor vehicles , such permittee shall
give and file with the city manager a bond or lia-
bility insurance policy, or proof thereof satisfac-
tory to the city council, or deposit cash with the
city, as provided for in this section, for each
additional group of seventy-five or less than
seventy-five motor vehicles , as in the first
instance for the first group of seventy-five or
less than seventy-five motor vehicles, owned , con-
trolled and operated by the permittee.
No permit shall be issued for the opera-
tion of a motor vehicle unless a bond or insurance
policy as provided for herein shall have been sub-
mitted to and approved by the city attorney and
city council."
SECTION 2: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTIONS: This ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 16 day of june , 1954.
/Li/r/ f.i+ket_. _x/41 /
ATTEST: �,. ay
C. W. mlinson, City Clerk
By , --
,- Of
Deputy Ci Clerk 1st reading - June 2, 1954
2nd reading - June 2, 1954
3rd reading - June 16, 1954
POSTED - June 17, 1954
f
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.
1116, entitled: "AN ORDINANCE AMENDING SECTION 35.53 OF 'THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 19501 ", 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 Hall in said City on the 17th day of June,
1954, 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 21st day of July, A. D. 1954.
C. W. To linson, City Clerk
By/, f
Deputy City Jerk
-ffl-CS'F-'• Y•
0C
0 CD ti
O p n •
N Pi 0 Z
00 t
N
0 0 fs 0 H
ai fU W P. • H
5ct
� H :
o
ct
r'br4
0