Ordinance 73-1944ORDINANCE NO. 73-1944
AN ORDINANCE AMENDING CHAPTER 42,
ARTICLE VII OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Chapter 42, Article VII of the Code of the
City of Miami Beach be and the same is hereby
amended by adding new Sections thereto to be numbered and to
read as follows:
"Section 42.144
It is hereby found and declared by the City Council of
the City of Miami Beach, Florida, that:
(a) The making and creation of loud, unnecessary
or unbearable noises by ambulances using sirens
within the limits of the City of Miami Beach,
Florida, is a condition which has existed for
some time, and the extent and volume of such
noises made by the use of ambulance sirens has
increased to intolerable degrees;
(b) The making, creation or maintenance of such
loud, unnecessary, unnatural noises by ambulance
sirens, which are prolonged, unusual and unnatural
in their time, place and use, affect and are a
substantial detriment to the public health, com-
fort, convenience, safety and welfare of the resi-
dents of the City of Miami Beach, Florida; and
(c) The necessity in the public interest for the
provisions and prohibitions hereinafter contained
and adopted, is declared as a matter of legislative
determination and public policy; and it is further
declared that the provisions and prohibitions here-
inafter contained and adopted are in pursuit of and
for the purpose of promoting the public health,
comfort, convenience, safety, welfare and the peace
and quiet of the City of Miami Beach, Florida, and
its inhabitants.
Section 42.145
Definitions. The following words are hereby defined
for the purpose of this Ordinance:
Emergency Call: "Emergency Call" shall mean the
transporting of a sick or injured person under
emergency vehicle procedures where it is reasonably
apparent that his physical condition is such that
expeditious removal to a hospital or similar insti-
tution is required; or the operation of an ambulance
in a duly authorized response for emergency service.
Section 42.146
It shall be unlawful for any person operating an ambu-
lance, as hereinabove defined, to sound or to use any
siren on or in such ambulance, except and unless such
ambulance is being operated on an emergency call, as
defined in Section 42.145; and it shall be unlawful
for any person owning such ambulance to authorize or
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"to permit any operator thereof to use such siren
except and unless such ambulance is being opera-
ted on an emergency call as hereinabove defined.
The use and operation of any ambulance on any public
way or street in the City of Miami Beach, Florida,
shall be presumed to be of a non -emergency nature,
and in any prosecution under this Section, for the
violation of this Section, the burden of proof shall
be upon the operator of such ambulance that at the
time of the use of the siren thereon, the ambulance
was engaged in an emergency call.
Section 42.147
Whenever in the judgment and opinion of any police
officer of the City of Miami Beach, Florida that an
ambulance siren is being sounded or operated, while
such ambulance is not on an emergency call, it shall
be the duty of said police officer to follow and
pursue said ambulance to its destination, and if
upon the arrival of such ambulance at its destination,
such police officer determines that said ambulance
was not being engaged in the transportation of a sick
or injured person on an emergency call or responding
to a call for emergency ambulance service, such
police officer shall thereupon arrest or summons the
operator thereof for a violation of the preceding
Section of this Ordinance, as provided for in cases
of "hot pursuit" as prescribed by state law.
Section 42.148
Any person who violates any provisions of this
Ordinance shall, upon conviction thereof, as a first
offender, be fined not less than $50.00, nor more
than $500.00 or by imprisonment for not more than
30 days or by both such fine and such imprisonment.
A second or further offender, convicted within any
six (6) month period shall, upon conviction thereof,
be fined not less than $100.00, nor more than $1,000.00
or by imprisonment for not more than 60 days or by
both such fine and such imprisonment.
Section 42.149
It is hereby declared to be the intention of the City
Council that the Sections, paragraphs, sentences,
clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or
Section of this Ordinance shall be declared unconsti-
tutional by the valid judgment or decree of any Court
of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or Sections of this Ordinance."
SECTION 2. That all Ordinances or parts of Ordinances in con-
flict herewith, be and the same are hereby repealed.
SECTION 3. This Ordinance shall go into effect immediately,
upon passage and posting as required by law.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
PASSED and ADOPTED this 3rd day of January , 1973
Mayor
Attest:
13A.cri 13 , -Pey -tacati
City Jerk -Finance Director
The adoption of the foregoing Ordinance
was moved by Councilman Herbert Magnes.
1st reading - December 20, 1972
2nd reading - January 3, 1973
POSTED - January 4, 1973
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OPACR OP CITY ATTORNEY -1130 WA$HINOTON AMIN-MIAMI 10A0H, RORIDA 33139
{
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 73-1944 entitled:
AN ORDINANCE AMENDING CHAPTER 42,
ARTICLE VII OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA.
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 4th day of January, 1973,
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 February, 1973.
c(lett ec
City Clerk and Finance Director
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