Ordinance 1318 ORDINANCE NO. 1318
AN ORDINANCE REPEALING SECTION 22.68 OF THE
"CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
1950", AND ADOPTING IN LIEU THEREOF NEW
SECTIONS NUMBERED 22.68, 22.68. 1, 22.68.2,
22.68.3, 22.68.4, 22.68.5, 22.68.6, 22.68.7,
22.68.8 and 22.68.9, TO PROVIDE FOR THE
CONTROL AND REGULATION OF THE EMISSION OF
SMOKE AND OTHER AIR CONTAMINANTS.
WHEREAS, excessive pollution of the atmosphere is
detrimental to the public health, safety and welfare; and
WHEREAS, basic and all important interests of the
City of Miami Beach require the safeguarding of the public and
the community from excessive pollution and contamination of
the atmosphere; and
WHEREAS, a measure of control is necessary for the
safeguarding and protection of the health, safety and welfare
of the public, to preserve property values, and to insure
the comfortable enjoyment of life and property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 22.68 of the "Code of the City of
Miami Beach, Florida, 1950" be and the same is
hereby repealed.
SECTION 2. That the "Code of the City of Miami Beach, Florida,
1950" be and the same is hereby amended by adding
thereto, immediately following Section 22.67 thereof, new
sections to be numbered 22.68, 22.68. 1, 22.68.2, 22.68.3,
22 .68.4, 22 .68.5, 22.68.6, 22.68.7, 22.68.8 and 22.68.9, and
reading as follows :
"Section 22.68. Definition of Terms . (1) "Dense
smoke" as used in Section 22.68. 1 shall mean that
smoke which has a density of No. 2 or greater as
established by the Ringlemann chart, hereinafter
referred to and adopted;
(2) "Cinders", "dust", "fly ash", "noxious acids",
"fumes", and "gases" as used in Section 22 .68.3
shall be considered to be all matter other than
dense smoke formed as a result of the combustion
of fuel, which are carried in the gas stream so
as to reach the external air and which have not
been completely consumed by the combustion process;
(3) "Ringlemann chart" , as used in Section 22.68.9
shall be that standard published by the United
States Bureau of Mines to determine the density of
smoke .
Section 22.68.1. Emission of Dense Smoke Prohibited.
It shall be unlawful for any person, firm or corporation
to permit the emission of any smoke from any source
whatever of a density equal to or greater than that
density described as No. 2 on the Ringlemann chart,
published by the United States Bureau of Mines, the
standards of which are hereby fully adopted by the
- 1
enactment of this section and set forth in full
in Section 22.68.9 herein. The emission of such
dense smoke is declared to be a public nuisance
and may be summarily abated by the Chief of the
Fire Department, or by anyone whom he may designate
for such purpose; provided, however, that this
section shall not be applicable to the circumstances
set forth in Section 22.68.2 herein.
Section 22.68.2. Exceptions - Private Residences -
Period for Rekindling of Fires . The provisions of
Section 22.68.1 of the Code shall not be applicable :
(a) To private residences in which no more than
two families are or can be housed. To all larger
dwellings, of whatever type, however, Sections 22.68. 1,
22 .68.2 and 22.68.3 shall be fully effective and
applicable .
(b) When a fire box, furnace, or boiler or other
fuel consuming device is being cleaned out and a
new fire is being built therein, in which event a
smoke of a density greater than that described as
No. 2 of the Ringlemann chart shall be permitted
for a period of not to exceed three minutes in
any single period of 60 minutes;
Section 22.68.3. Escape of Soot, Cinders, Noxious
Acids, Fumes and Gases Prohibited. It shall be
unlawful for any person, firm or corporation to
permit or cause the escape of such quantities of
soot, cinders, noxious acids, fumes, and gases in
such place or manner as to be detrimental to any
person or to the public or to endanger the health,
comfort and safety of any such person or of the
public, or in such manner as to cause or have a
tendency to cause injury or damage to property or
business . The escape of such matter is declared
to be a public nuisance and may be summarily abated
by the Chief of the Fire Department or by anyone
whom he may designate for such purpose .
Section 22.68.4 . It shall be unlawful for any
person, firm or corporation to use or consume any
fuel oil classified as Grade No. 6 by the American
Petroleum Institute, and further defined by the
American Society for Testing Materials, by their
specification "D-288-53", and commonly known as
"Bunker C" Oil or any grade inferior thereto, in
any furnace, boiler or other oil burning equipment,
provided, however, that "Bunker C" Oil may be
so used or consumed if the oil burning equipment
using or consuming the same shall be, during the
period of such use or consumption, and for such
reasonable time immediately prior and subsequent
to such use and consumption as may be determined
by the Chief of the Fire Department, under the
direct care, supervision and control of a duly
qualified person thoroughly familiar with the
theory and practice of the construction and oper-
ation of oil fuel consuming devices designed for
and intended to be utilized for the use and
consumption of "Bunker C" Oil.
- 2 -
Section 22.68.5. The Chief of the Fire Department shall
have the duty of enforcing all provisions of Sections
22.68. 1, 22.68.2, 22.68.3 and 22.68.4. The duties of
the Chief of the Fire Department shall be :
(a) To investigate all complaints of violations of
Sections 22.68.1, 22.68.2, 22.68.3 and 22.68.4, and to
institute necessary proceedings in case of violations;
(b) To investigate and make recommendations from time
to time to the City Council with respect to needed
revisions in Sections 22.68, 22.68.1, 22.68.2, 22.68.3,
22.68.4, 22.68.5, 22.68.6, 22.68.7, 22.68. 8 and
22.68.9 pertaining to smoke control and air pollution;
(c) To prepare and disseminate appropriate educational
and informative literature to the public for the purpose
of advising them of the purposes and necessity for the
smoke prevention campaign;
(d) To cooperate fully with all civic or other
organizations which may be or become interested in the
smoke prevention campaign;
(e ) To promulgate and publish rules and regulations
under which Sections 22 .68.1, 22.68.2, 22.68.3 and
22.68.4 will be administered, providing in detail and
with clarity the necessary information by which the
public is to be guided. The rules and regulations herein
prescribed to be adopted shall be prepared only after a
thorough consideration of the air pollution problem as
it exists in the City of Miami Beach.
(f) To notify all parties concerned of any decision he
may render and to provide such parties with an opportunity
to have a full hearing as hereinafter set forth in
Section 22 .68.6.
(g) To do any and all other acts which may be necessary
for the successful prosecution of the purposes of Sections
22.68. 1, 22.68.2, 22.68.3 and 22.68.4, and such other
acts as may be specifically enumerated therein as his
duties .
Section 22.68.6. Hearings by the Chief of the Fire
Department . Any person aggrieved by any ruling rendered
by the Chief of the Fire Department shall have the right
to require him to conduct a full and complete hearing
prior to actual and final decision. Such hearing shall
afford the person aggrieved with a full opportunity to
present any evidence which he may desire to support his
position. It shall be the duty of the Chief of the Fire
Department to promptly notify all parties concerned of
his ruling in such hearings .
Section 22.68.7. Appeals may be made from the decisions
of the Chief of the Fire Department to the City Manager.
He shall decide all appeals properly before him, and shall
either affirm, modify or overrule the decision of the
Chief of the Fire Department which he may be called upon
to review. On all appeals taken to the City Manager,
appropriate hearings shall be held after due notice
thereof to all parties concerned. All pertinent papers
in the files of the Chief of the Fire Department shall
be made available to the City Manager in each case.
- 3 -
Section 22.68. 8. Interference with Performance of Duty
of Chief of the Fire Department. Any person, firm or
corporation interfering in any manner or impeding the
performance of duty of the Chief of the Fire Department
shall be subject to the penalties provided for by Sec-
tion 1. 8 of the "Code of the City of Miami Beach, Florida,
1950" . This section shall likewise apply to the
performance of duty of those employees and representatives
of the Chief of the Fire Department.
Section 22 .68. 9. The Ringlemann Chart. The standard by
which the density of smoke is to be measured will be the
Ringlemann Chart , published by the United States Bureau of
Mines. "
SECTION 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 15th day of October, 1958.
Mayor
ATTEST:
44A Lia'
City C1
1st reading - August 20, 1958
2nd reading - August 20, 1958
3rd reading - October 15 , 1958
Posted - October 15, 1958
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. 1318 , entitled:
"AN ORDINANCE REPEALING SECTION 22.68 OF THE 'CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, 1950", AND ADOPTING IN LIEU
THEREOF NEW SECTIONS NUMBERED 22.68, 22.68.1, 22.68.2,
22.68.3, 22.68.4, 22.68.5, 22.68.6, 22.68.7, 22.68.8 and
22.68.9, TO PROVIDE FOR THE CONTROL AND REGULATION OF THE
EMISSION OF SMOKE AND OTHER AIR CONTAMINANTS' ",
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 15th day of October, 1958,
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 3rd day of December, A.D. 1958
4I / / 6/
L --
Ci y lerk
c0
M N
�-1 X
a O
FC
O U�!
Z z
L7 W O
OH zU
a 4-1
Z
H !p
A 0
a a)
O A