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Ordinance 1195 ORDINANCE NO. 1195 AN ORDINANCE AMENDING CHAPTER 12 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 : 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 12.11 thereof an additional section to be known as Section 12.11.1 reading as follows : "SECTION 12.11.1 : A harbor line is hereby established in the Atlantic Ocean between the northerly lines of Lot "A" and Lot 6 of the Indian Beach Corporation's Subdivision, produced easterly located as follows: Beginning at a point which is on the northerly line produced easterly of Lot "A" of The Indian Beach Corporation' s Subdivision, and 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 said northerly line of Lot "A" produced easterly; Thence run in a northerly direction two hundred fifty (250) feet, more or less, to a point on the centerline produced easterly of Lot Three (3) of the above-mentioned subdivision, said point being five hundred fifty-eight (558) feet easterly of the easterly line of Collins Avenue, measured along said centerline and said centerline produced easterly; Thence run in a westerly direction twenty (20) feet along the said centerline of Lot Three (3) produced easterly to a point; Thence run in a northerly direction three hundred fifty (350) feet, more or less, to a point on the northerly line produced easterly of Lot Six (6) of the above- mentioned subdivision, said point being five hundred twenty-six (526) feet easterly of the easterly line of Collins Avenue measured along said northerly line of Lot Six (6) and said northerly line of Lot Six (6) produced easterly; As said Lots, Avenue and Subdivision are shown on a Plat recorded in Plat Book Eight (8), page sixty- one (61 ) of the Public Records of Dade County, Florida." -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 2: That Section 12.12 of "The Code of the City of Miami Beach, Florida, 1950" reading as follows : "SECTION 12.12: That no bulkhead or other structure, except groynes 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 groynes 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 con- structed 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 groynes or jetties built at right angles to the beach in an east-west direc- tion, 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 groynes 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, " be and the same is hereby amended to read as follows : "SECTION 12.12: That no bulkhead or other structure, except groynes shall be constructed or erected which shall be easterly of the line described in any of the Sections of this article . That no material shall be excavated from the Atlantic Ocean for the purpose of backfilling any bulkhead. That no groynes shall be constructed or erected which shall extend into the ocean a distance of more than 200 feet from the harbor line described in any Section of this article . That notwithstanding the location of the harbor line described in this article, 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 groynes or jetties built at OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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 groynes 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 3: That Section 12.13 of "The Code of the City of Miami Beach, Florida, 1950" reading as follows : "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 exceeding $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 . " be and the same is hereby amended to read as follows : "SECTION 12.13: Any person violating the provisions of any section of this article shall, upon conviction thereof, be punished by a fine not exceeding $500.00 or by imprisonment in the city jail not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the municipal judge . Each day that a violation is permitted to exist shall constitute a separate offense . " SECTION )I That Ordinance No . 1137 and all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: That this ordinance shall go into effect immediately upon its passage and posting as required by law . PASSED and ADOPTED this 18thday of January A.D. 1956 . • �. ayor Attest: 4 (L ty Clerl 1st reading - January 4, 1956 2nd reading - January 4, 1956 3rd reading - January 18,1956 Posted - January 18, 1956 -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1195 , entitled: "AN ORDINANCE AMENDING CHAPTER 12 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 18th day of January, 1956 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 7th day of March, A.D. 1956 . 41 City lerk OHjOct- trJ o t-'• o ►-b m t$ C cct•tz3O W o u, ct chct• Wz W to .`-d 0 01(D 0 ct 1-4 P-1 0 t'1 o o `L H 00ct- 00P I-1 0' ct tri C 4) t5 11 0 W • O0Dc fD 1-6ct 1 H (D N•