Ordinance 1169 ORDINANCE N0. 1169
AN ORDINANCE AMENDING "TIIE CODE
OF THE CITY OF MIAMI BEACH,
FLORIDA, 1950" .
BE IT ORDAINED BY THE CITY COUNCIL OF TIS, CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Chapter 8 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto, immediately after Section 8.8
a new section to be known as Section 3.8.1, reading as follows :
"SECTION 8.8.1 . It shall be unlawful during the
eighteen (18) days preceding
the day of any municipal election in Miami Beach,
Florida, to publish or circulate or cause to be
published or circulated, any charge against, or
attack upon any candidate who is to be voted upon
at such election, unless a copy of such charge or
attack has been served personally upon the candidate
against whom made at least eighteen (18) days prior to the day
Of the election. Any answer to a charge or attack
that contains defensive matter, or any statement which
consists of the citation of, reference to, or quotation
from a public record, shall not be construed to be a
• charge or attack.
Any person violating the provisions
of this section shall, upon conviction, be punished by
a fine of not more than one thousand dollars or
imprisonment in the city jail for not mare than ninety
(90) days, or both such fine and imprisonment in the
discretion. of the municipal judge . "
SECTION 2. That Chapter 12 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto immediately after Section 12.10 three
additional sections to be known as Section 12.11, Section 12.12
and Section 12.13 respectively, reading as follows :-
"SECTION 12.11 . A harbor line is hereby established
in the Atlantic Ocean between the
northerly line of 44th Street produced easterly and
the northerly line of Lot "A" of The Indian Beach
Corporation' s Subdivision produced easterly located
as follows :
Beginning at a point which is on the
northerly line of 44th Street produced easterly and
three hundred eleven (311 ) feet easterly of the
easterly line of Collins Avenue, as said Collins
Avenue is shown on the Amended Map of the Ocean Front
Property of the Miami Beach Improvement Company,
recorded in Plat Book Five (5), Pages Seven (7) and
Eight (8) of the Public Records of Dade County,
Florida; thence run in a northerly direction seven
hundred (700) feet more or less, to a point on the
northerly line produced easterly of Lot "A" of the
Indian Beach Corporation' s Subdivision, as shown on
the Amended Plat thereof recorded in Plat Book Eight
(8), Page Sixty-one (61) of the Public Records of
Dade County, Florida, said point being five hundred
sixty-two and four-tenths (562.4) feet easterly of
the easterly line of Collins Avenue, measured along
the said northerly line of Lot "A", and the said
northerly line produced easterly. "
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 12.12. That no bulkhead or other
structure, except groins
shall be constructed or erected which shall
be easterly of the line described in the
preceding section.
That no material shall be
excavated from the Atlantic Ocean for the
purpose of backfilling any bulkhead.
That no groins shall be
constructed or erected which shall extend
into the ocean a distance of more than 200
feet from the harbor line described in the
preceding section.
That notwithstanding the
location of the harbor line described in
the preceding section, no seawall, bulkhead,
fill or other structure shall be constructed
on or across the foreshore of the Atlantic
Ocean, as the same shall exist and be located
from day to day, being that area lying east
of the mean high water line of the Atlantic
Ocean, except that groins or jetties built
at right angles to the beach in an east-west
direction, the object and purpose of which
are to preserve the existing beach, to trap
the sand and to improve or enlarge the beach
may be constructed, but the authority for the
erection of such groins or jetties shall not
include authorizing or permitting erection of
fences or walls across the foreshore or out
into the ocean, the object or effect of which
are to obstruct and prevent passage of the
public along the foreshore portion of the beach.
SECTION 12.13. Any person convicted of the
violation of any of the
provisions of the two preceding sections
shall, upon conviction, be fined not exdeeding
$500.00 or be imprisoned in the city jail not
exceeding sixty (60) days, or by both such fine
and imprisonment in the discretion of the
municipal judge . Each day that a violation is
permitted to exist shall constitute a separate
offense. "
SECTION 3. That Chapter 22 of"The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto, immediately after Section 22.33
thereof, three additional sections to be known as Section 22.33.1,
Section 22.33.2, and Section 22.33.3 respectively, reading as
follows :
"SECTION 22.33.1 . It shall be unlawful for
any person to permit any
male person to exhibit or display himself
costumed, clothed, garbed or apparaled
in any manner not appropriate to his sex, or
otherwise to impersonate a member of the
female sex in any play, dialogue, theatrical
production, pantomime, stage or floor show
or act within the city.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 22.33.2. It shall be unlawful for
any male person to exhibit
or display himself costumed, clothed, garbed
or appareled in any manner not appropriate to
his sex, or otherwise to impersonate a member
of the female sex in any play, dialogue,
theatrical production, pantomime, stage or
floor show or act within the city.
SECTION 22.33.3. The provisions the two
preceding sections shall
not apply to theatrical performances sponsored
by accredited schools, colleges and universities
or moving pictures in a licensed theater or in
public parades . "
SECTION 4. That Section 22.J7.1, Section 22.37 .2 and Section
22.37.3 of "The Code of the City of Miami Beach,
Florida, 1950" be and the same are hereby repealed.
SECTION 5. That Chapter 22 of "The Code of the City of Miam_
Beach, Florida, 1950" be and the same is hereby
amended by adding thereto, immediately after Section 22.41,three
new sections to be known as Section 22.41 .1, Section 22.41.2
and Section 22.41 .3, respectively, reading as follows :
"SECTION 22.4-1 .1 . It shall be unlawful for
any person to dive, leap or jump
from the municipal pier into surrounding waters,
or for any person to swim, wade, bathe or float,
by any means whatsoever, in said waters within
one hundred (100) feet of any point of said municipal
pier, excepting that portion of said waters on the
land side of said municipal pier beginning at the
mean high water mark and extending to a point two
hundred (200) feet seaward. Nothing herein contained,
however, shall apply to lifeguards, firemen or police-
men employed by the city, or other persons engaged in,
or aiding in, emergency rescue work.
SECTION 22 .41 .2. It shall be unlawful for any person
to operate, or cause to be operated,
any boat, vessel, surfboard, tube or raft in the
waters within one hundred (100) feet of any point
of the municipal pier, except while engaged in, or
aiding in, emergency rescue work or pier maintenance
work for the city.
SECTION 22.41 .3. It shall be unlawful for any person
to loiter, stand, sit, idle, lounge,
sleep or lodge on the beach underneath the structure
of the municipal pier. "
SECTION 6. That Section 22.55.1, Section 22.55.2 and Section 22.55.3
of "The Code of the City of Miami Beach, Florida, 1950"
be and the same are hereby repealed.
SECTION 7. That "The Code of the City of Miami Beach, Florida,
1950" be and the same is hereby amended by adding
thereto, immediately after Chapter 32 thereof, the following:
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"CHAPTER 32A - SOLICITING
SECTION 32A.1. It shall be unlawful for any person to
solicit advertising, or to solicit,
or sell, or offer to sell merchandise or subscriptions,
contracts for magazines, pamphlets, books or periodicals
within the City of Miami Beach, where it is represented or
asserted that any religious, charitable, patriotic, fraternal,
philanthropic or political organization is to receive the
benefit therefrom, without first having obtained a permit
from the city manager as provided in Section 32A.6 of this
Code. Such prohibition shall include personal solicitation,
solicitation by mail, telephone or otherwise .
SECTION 32A.2. It shall be unlawful for any person to
solicit advertising, either in person,
by mail, telephone or otherwise, for any local magazine,
booklet, directory, pamphlet, newspaper or periodical,
without first having filed a sworn statement with the city
manager containing the following information:
(1 ) Number of copies of the publication to be distributed.
(2) Number of copies distributed per average issue for
previous year, if any.
3 Frequency of issue during current year.
t Frequency of issue during past year, if any.
5 Method of distribution and whether free or otherwise .
This information shall be available to the public at all times .
This section shall not apply to regular publications now
required by law to file a statement of circulation with the
United States Post Office Department.
SECTION 32A.3. It shall be unlawful for any person to
solicit or to obtain either in person,
or by mail, telephone, or otherwise, any alms, moneys or
gifts, either directly or indirectly, within the city by one
or more of the following methods :
(1 ) Without first having obtained a permit as provided
in Section 32A.6 of this Code.
(2) By misrepresenting the name, occupation, financial,
physical and social condition or residence of the
person soliciting, or the beneficiary of the
funds solicited.
SECTION 32A.24. It shall be unlawful within the city to
solicit either in person, or by mail,
telephone, or otherwise, or to accept alms, moneys
or gifts for any person, religious, charitable, patriotic,
fraternal, philanthropic or political organization, to
promote or participate in any entertainment, fair, bazaar,
benefit dances, or carnival, or to offer tickets for sale
therefor in the name of charity, patriotism, fraternalism,
philanthropy or politics; or to solicit or accept gifts
by any organization, without first having obtained a permit
from the city manager as provided in Section 32A.8 of this
Code.
SECTION 32A.5. It shall be unlawful within the city for
any person to conduct a rummage sale or to
sell, or offer for sale, any merchandise or any property
which has been collected for sale for religious, charitable,
philanthropic, fraternal, patriotic or political purposes,
except on the premises of such organization, without first
having obtained a permit from the city manager as herein-
after provided.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 32A.6. In order to obtain a permit for any of
the activities described in Section 32A.1
of this Code, the applicant and the organization, after
filing the statement with the city manager, as required
by Section 32A.2 of this Code, shall thereupon file with
the advisory committee, as constituted by Section 32A.15
of this Code, a written application under oath, signed by
the applicant, together with an executive officer of the
organization which he represents, containing the following
information:
1 Date,
2 Name of solicitor.
3 Address of solicitor.
4 Length of residence in the city.
5 Name of principal .
6 Address of principal .
7 Percentage of funds solicited to be paid the
solicitor, or if payment is to be made in the
form of a salary, the amount thereof; the name
and address of the person having charge of the
financial books and records of such organization,
and the name and address of the person having charge
of the funds of such organization. The signatures
of such persons shall appear on the application.
(8) The names and addresses of not less than three
qualified electors of the city, who are freeholders
and non-members of the organization and who endorse
the activities of such organization. The signatures
of such persons shall appear on the application.
p) The method and manner of solicitation.
0) Such other information as may be required by the
advisory committee, in order for it to determine
whether such solicitation is in the interests of,
and not inimical to the public welfare .
SECTION 32A.7. Whenever the advisory committee, as
constituted by Section 32A.15 of this
Code, shall be satisfied with the application filed
as set forth in Section 32A.6 of this Code, the committee
shall recommend that such permit be issued.
SECTION 32A.8. In order to obtain a permit for any of the
activities described in Section 32A.4 and
Section 32A.5 of this Code, the applicant and organization
which he represents shall first file with the advisory
committee, as constituted by Section 32A.15 of this Code,
a written application under oath, signed by the applicant
and an executive officer of the organization which he
represents, containing the following information:
1 Name.
2 Address .
3 Age .
24Sex.
5 Occupation,
6 Nationality.
7 Length of time resident of the city.
3 Purpose for which alms or gifts are to be used.
9 Commission or compensation paid to solicitor,
and the names and addresses of three qualified
electors of the city vrho are freeholders and non-
members of the organization and who endorse the
activities of such organization. The' signatures
of such persons shall be contained on the
application.
(10) Name of organization applying for a license to
solicit, and the address of its headquarters .
(11 ) Names and addresses of its principal officers and
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
management.
(12) The name of the person or persons by whom the
receipts of such solicitation shall be disbursed,
and whether such person or persons are qualified
electors of the city.
(13) The name and address of the person or persons who
will be in direct charge of conducting the
solicitation.
(14) An outline of the method or methods to be used
in conducting the solicitations .
(15) The time when such solicitations shall be made,
giving the preferred dates for the beginning and
ending of such solicitation.
(16) The amount of any wages, fees, commissions,
expenses, or emoluments to be expended or paid to
anyone in connection with such solicitation,
together with the manner in which such wages, fees,
expenses, commissions, or emoluments are to be
expended, to whom paid, and the amount thereof.
(17) A financial statement for the last preceding
fiscal year of any funds collected for the purposes
set out in Section 32A.4;- and Section 32A.5 of this
Code, by the organization or persons seeking a
license for such solicitations; said statement to
give the amount of money so raised, together with
the cost of raisins it, and final distribution
thereof.
(18) A full statement of the character and extent of
the charitable, religious, philanthropic or
political work being done by the applicant
organization within the city.
(19) Such other information as may be required by the
advisory committee in order for such committee
to fully determine the kind and character of
the proposed solicitation, and whether such
solicitation is in the interests of, and not
inimical to, the public welfare.
(20) A statement that the total cost of raisins funds,
including any amounts to be paid to any solicitor
or solicitors, either directly or indirectly,
will not exceed 15 percent of the total amount
to be raised.
(21 ) A statement to the effect that, if a permit is
grE:nted, it will not be used or represented in any
way as an endorsement by the advisory committee
or by any member thereof, or by the city.
SECTION 32A.9. Upon compliance with the rules and
regulations set forth in Section 32A.1
to Section 32A.8 inclusive of this Code, governing the
application to the advisory committee for a permit,
and upon payment of the sum of Three (03.00) Dollars to
the city to cover the cost of issuing such permit, the
city manager shall thereupon issue the permit which, when
signed by the city manager, shall be valid for the
period of time therein specified, not to exceed sixty
(60) days from the day of issuance .
SECTION 32A.10. The permit herein described shall be
inscribed upon a card, and endorsed there-
on shall appear the following language :
'Not transferable and not to be construed as an
endorsement or recommendation by the City of
Miami Beach. '
Such permit may be renewed upon the
expiration thereof, provided that a new application has
been made and the conditions herein specified have been
fulfilled. Such permit shall not be transferred, and may
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
be revoked at any time by the advisory committee
for proper cause shown after the holder of such
permit has been afforded an opportunity to be heard
by the advisory committee.
SECTION 32A.11 . It shall be unlawful for the holder of
any permit issued under this chapter,
or any solicitor employed by the holder of such permit, to
solicit funds, donations, contributions, alms, moneys,
merchandise, subscriptions, contracts for magazines,
pamphlets, books or periodicals, or advertising, when
the total administrative cost of raising funds, donations,
contributions, alms, moneys, merchandise, subscriptions,
contracts for magazines, pamphlets, books or periodicals,
or advertising obtained from such solicitation, including
any payment to solicitors, directly or indirectly, shall
exceed 15 percent of the total amount to be raised.
SECTION 32A.12. It shall be unlawful for the holder of
any permit issued under the provisions
of this chapter, or solicitor employed by it to solicit
contributions, donations or advertising without complying
with the following regulations :
(1) A receipt stating the amount of the contribution or
donation shall be given to each subscriber or donee
and shall be signed by the solicitor when the donation
exceeds the sum of 350, except for contributions in
containers or authorized Tag Day.
(2) Such receipt shall state the percentage of the donation
solicited to be 'paid any one by reason of the
procurement ' of the subscription, advertisement
or donation, and if compensation of the solicitor is
not to be paid in the form of a percentage, then the
rate of salary per day, week or month shall be therein
set forth.
(3) stch receipt shall contain the name of the chief
executive officer and the name of the person having
charge of the books and records of such organization,
together with their respective addresses.
(4) Such receipt shall also contain the number of the
city permit authorizing the solicitation and when the
permit was issued.
SECTION 32A.13. It shall be unlawful for any organization
obtaining a permit under the provisions
of this chapter to engage in the activities authorized
by such permit without maintaining books and records
setting forth a list of and amount of contributions
received, the expenses incurred in obtaining such funds
for religious, charitable, patriotic, fraternal, philan-
thropic or political purposes; such books and records
shall be maintained within the city and shall be open to
inspection by any authorized representative of the
advisory committee at all reasonable hours .
SECTION 32A.14. The provisions of this chapter shall not
apply to any established society,
association or corporation which is organized and operated
exclusively for cultural, educational, hospital, religious,
philanthropic, benevolent, fraternal, political, charitable
or reformatory purposes, not operated for pecuniary profit,
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
where no portion of the net earnings of which
inures to the benefit of any person, private
shareholder or individual, or where the solici-
tation of such organization shall be conducted
among the members thereof by other members or
officers thereof voluntarily and without remun-
eration for such solictations, or where such
solicitation may be in the form of collections or
contributions at the regular exercises or services
of any church, religious, society, lodge, benevolent
order or fraternity, or similar organization or any
branch thereof.
SECTION 32A.15. An advisory committee to be composed
of the assistant city manager, seven
other persons to be appointed by the city council and
two (2) other persons to be appointed by the city
manager, shall be created to serve without compen-
sation and shall continue to serve for 2 years, and
it shall be the duty of' such advisory committee to
investigate each application for a permit required
under the provisions of this chapter, and it shall
maintain each application on file, together with its
recommendation thereon and subject to inspection
at any reasonable time. The committee shall have
power to recommend the issuance of permits and revoke
permits as herein provided, and the further power to
summon witnesses, take testimony, direct investigations,
conduct hearings, and do and perform all other acts
which may be necessary and proper within the scope of
its duties and functions.
SECTION 32A.1S, It shall be unlawful for any one to
procure another to do on his behalf
that which would be unlawful for him to do under this
chapter.
SECTION 32A.17. Any person violating the provisions
of this chapter shall upon conviction
thereof, be punished as provided by Section 1.8 of
"The Code of the City of Miami Beach, Florida, 1950" .
In addition thereto, the permit held by such person or
organization may be revoked, in the discretion of the
advisory committee ,"
SECTION 8. That "The Code of the City of Miami Beach, Florida,
1950" be and the same is hereby amended by adding
thereto, immediately after Chapter J3 thereof, the following:
"CHAPTER 33A - SUMMONS AND WARRANTS
"SECTION 33A,1 . The municipal judge, or associate
municipal judge, or the city clerk
may issue warrants against persons charged on oath
with violating the ordinances of the City of Miami
Beach, Florida.
SECTION 33A,2, A warrant may be issued for the
arrest of the person complained
against if the judge or the clerk, from the examin-
ation of the complainant or the other witnesses, if
any, has reasonable ground to believe that any
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
ordinance was violated and that the person against
whom the complaint was made, committed such violation .
` SECTION 33A.3. The warrant of arrest shall :
2 Bet iig sntie thae f She ofenlrida;
3 Command that the person against whom the complaint
was made be arrested and brought before one of the
judges of the municipal court;
(4) Specify the name of the person to be arrested or,
if his name is unknown; to the officer issuing said
warrant of arrest, designate such person by any
name or description by which he can be identified
with reasonable certainty;
(5) State the date when issued;
Be signed by the officer issuing the warrant
with the title of his office; and
(7) Be endorsed with the amount of bail and the return
day.
SECTION 33A,4. The warrant' shall be directed to the
Chief of Police and shall be executed
only by the Chief of Police or a duly authorized police
officer of said city. An arrest may be made on any day
and at any time of the day or night.
SECTION 33A.5. A summons instead of a warrant of arrest .
shall be issued unless the issuing officer
has reasonable ground to believe that the person against
whom the complaint was made will not appear upon a summons,
in which case he shall issue a warrant of arrest.
SECTION 33A.6. The summons shall set forth substantially
the nature of the offense, and shall command
the person against whom the complaint was made to appear
before one of the judges of the Municipal Court at a time
and place stated therein.
SECTION 33A.7. If the person fails to appear as commanded
by the summons, a warrant of arrest shall
be issued. If, after issuing a summons, the issuing
officer becomes satisfied that the person summoned will not
appear as commanded by the summons he may at once issue a
warrant of arrest."
SECTION 9, That Chapter 34 of "The Code of the City of Miami Beach,
Florida, 1950" be and the same is hereby amended by
adding thereto, immediately after Section 34.34 thereof, two
additional sections to be known as Section 34.34.1 and Section
34.34.2, respectively, reading as follows :
"DIVISION 2 - FOR BENEFIT OF POLICE 'iEN
SECTION 34.34.1. There is hereby assessed and. irriposed
on every insurance company, corporation
or other insurer now engaged in or carrying on, or who
shall hereafter engage in or carry on the business of
casualty insuring as shown by the records of the state
treasurer in his capacity as state insurance commissioner,
an excise or license tax in addition to any lawful license
or excise tax now levied by the City of Miami Beach,
amounting to one (15) percent of the gross amount of
receipts of premiums from policy-holders on All
OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
premiums collected on casualty insurance
policies covering property within the
corporate limits of Miami Beach.
SECTION 34.34.2. The tax in this division
provided for is assessed
and imposed by authority of Chapter 28230,
Laws of Florida, Acts of 1953, and said tax
shall be payable and collected in the manner
provided for in said Chapter, and the money
derived from said tax is hereby appropriated
for the purposes set forth in said Chapter."
SECTION 10. That Chapter 2 of "The Code of the City of Miami Beach,
Florida, l950" be and the same is hereby amended
by adding thereto, immediately after Section 2.25 three additional
sections to be known as Section 2.25.1, Section 2.25.2 and Section
2.25.3, respectively, reading as follows :
"SECTION 2.25.1. There is hereby created the
office of manager of the
metered parking system of the City of Miami
Beach, Florida, who shall be an administrative
officer of the city and shall be appointed by
the city manager with the approval of the city
council in accordance with the procedure for
appointment of city officers by the city manager
set forth in the city charter.
SECTION 2.25.2. The duties of the manager
of the metered parking
system shall be as follows :
(a) The manager of the metered parking
system shall manage the entire metered parking
system, including on-street and off-street
metered parking.
(b) He shall supervise the collections,
meter installations and removals, meter main-
tenance and repairs, meter stores, the equip-
ment and vehicles used in connection with the
metered parking system, and shall supervise the
enforcement of the provisions of the ordinances
of the city governing the use of the parking
meters by the public .
(c ) He shall perform such other duties in
connection with the supervision of the operation
of the metered parking system of the city as
the city manager may direct.
SECTION 2.25.3. The salary of the manager of
the metered parking system
shall be fixed by ordinance in the same manner
as the salaries of other administrative officers."
SECTION 11 . That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby
repealed.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
• SECTION 12. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 6th day of July,
A. Do 19550
Mayor
ATTEST : C. W. TOMLINSON, City Clerk
By 4'
Deputy 1 -y Jerk
1st reading - June 15, 1955
2nd reading - June 15, 1955
3rd reading - July 6, 1955
Posted - July 7, 1955
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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.
1169, entitled: "AN ORDINANCE AMENDING 'THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, 1950 ' ", having been passed and adopt-
ed 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 July, 1955, 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 17th day of August, A. D. 1955.
C. W. Tomlinson, City Clerk
B
Deputy C y Clerk
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