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Ordinance 1025ORDINANCE NO. 1025 AN ORDINANCE AMENDING SECTION 5 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMII BEACH, FLORIDA: SECTION 1: That Section 5.3 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "sec. 5:3. The Board shall conduct monthly examinations of applicants for permits to operate boats under the terms of this chapter, provided, however, that the Board may hold such aac.itional examinations as they shall deem necessary." SECTION 2: That Section 5.5 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "Sec. 5.5. Any person seeking such a permit shall make application on a form to be provided by the City Clerk, which appli- cation shall be sworn to before the City Clerk or one of his deputies. No permit shall be granted unless the applicant shall have com- plied with the following: (1) Obtain references from three persons holding U. S. Coast Guard operating certificates; (2) Obtain approval from the Miami Beach rolice Department; (3) Obtain a U. S. Coast Guard operating certificate; (4) Shall have had at least one year's experience on a boat carrying passengers for hire, operating in the waters of Miami "-?each harbor end waters surrounding and adjacent thereto under an operator holdin[; a U. S. Coast Guard ope'.a- ting certificate; (5) Shall satisfy the board that he is a fit person, morally and physically, to operate a boat carrying passengers for hire. Provided, however, that any applicant for a permit to operate sightseeing boats only, on inland waters, on prescribed routes and schedules, may substitute for the requirement of the one year's experience hereinabove set forth, a com- pleted apprenticeship of not less than thirty (30) operating days duration under a licensed operator or licensed operators, during which such applicant is schooled by such operator or operators in the waters in which he proposes to operate. 'roof of such completed apprentice- ship shall be evidenced by an affidavit executed by such licensed operator or operators. Upon -1- OFFICE OF CITY ATTORNEY - CITY BALL - MIAMI BEACH 39, FLORIDA the applicant complying with the above provisions, and successfully passing the examination provided for, he shall be granted the permit without payment of any fee". SECTION 3: That Section 5.7 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: SECTION "Sec. 5.7. Any person seeking such occupational license shall make application therefor on a form to be provided by the City C]ak, which application is to be sworn to by the applicant before the City Clerk, or one of his deputies. The City Clerk shall thereupon refer the application to the Board of Marine Inspection, who, after an inspection of the boat by the City Doat Inspector to determine whether or not it is seaworthy and safe, is properly equipped and is properly provided with clocking facilities for the contemplated business, and after approval of the Chief of the Fire Department, and after the applicant shall have obtained and furnished to the Marine Inspection Board, a survey by.a,tarine'.surveyor who shall be ;licensed by -the Florida .State Insurance Commission.and.which survey, among other things, shall state that the boat is: in .safe and. seaworthy condition". 4: SECTION That Section 5.8 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "Sec. 5.8. It shall be unlawful for any person, firm or corporation to maintain and/or operate any dock, bulkhead, mooring or other means of securing a boat to the shore line in the City of Miami Beach, Florida, for the mooring or other means of securing any commercial craft carrying passengers for hire, or charter parties in or from the City of •Iianii Beach, unless the owner or operator of said dock,bulk- h.e ad, mooring or place of securing such boats has first secured a license for the operation thereof, from the City Clerk and has paid to said City Clerk a license fee of :,;25.00." 5: That Section 5.11 of "The Code of the City ofaami Beach, Florida, 1950" be and the same is hereby anended to read as follows: "Sec. 5.11. It shall be unlawfulfor any boat carrying passengers for hire to embark or disembark any passengers, anti/or charter parties within the limits of the City of Miami Beach, except at a dock duly licensed under this ordinance, except in an emergency." SECTION 6: That Chapter 5 of''The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto, immediately after Section 5.9 thereof, an additional section to be known as Section 5.91, to read as follows: - 2 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "Sec. 5.91. The recommendation of the Board of Marine Inspection, either approving or rejecting any application shall be acted upon by the City Council within a two weeks period from the time of the receipt of the Board's reco.alendation, either sustaining or denying the recommendation of said Board; otherwise the recom:nencation of the Doard of Marine Inspection shall be considered approved". SECTION 7: That Section 5.16 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: '}Sec. 5.16. Any person who violates any of the provisions of this ordinance, or any rule or regulation promulgated by the Board of Marine Inspection, under the authority hereof, upon conviction in the i•iunicipal Court of the saia City of Miami Beach shall be punished by a fine not exceeding the sum of Two Hundred (.,200.00) Dollars, or by imprisonment in the City Jail of said Miami Beach, Florida, for a period not ex- ceeding Sixty (60) days, or by both such fine and. imprisonment. Upon said conviction, the Judge of said Municipal Court shall have the power to re- voke any permit heretofore granted to any defendant under the terms of this ordinance, as an additional penalty for said violation, if, in his discretion, such action seems proper. Such revocation may be permanent or temporary, within the discretion of said Judge." SECTION 8: This ordinance shall go into effect immediately upon its passage and posting in accordance with law. PASSED and ADOPTED this 18th clay of June, A. D. 1952. Attest: By: C. W. Tomlinson eputy City Cl 1st reading - June 4, 1952 2nd reading - June 4, 1952 3rd reading - June 18, 1952 POSTED - June 18, 1952 -J- iiayor OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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. 1025, entitled: "AN ORDINANCE AMENDING SECTION 5 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 of Miami Beach, one of which was at the door of the City Hall in said City on the 18th day of June, A.D. 1952, 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 6th day of August, A.D. 1952. 1 City Clerk 0