Ordinance 78-2126 ORDINANCE NO. 78-2126
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF
THE CITY OF MIAMI BEACH BY ADDING NEW SECTIONS
THERETO PROHIBITING SMOKING IN PUBLIC TRANSPOR-
TATION VEHICLES, ELEVATORS AND IN CERTAIN RETAIL
STORES; PROVIDING PENALTIES; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 25 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 25-36 . 2
The smoking or carrying of lighted cigarettes,
cigars, cigarillos, pipe tobacco and other tobacco
products on all public transportation vehicles and
elevators available to and used by the general
public is found to be injurious and dangerous to
the public health, determined to be a sanitary
nuisance and a fire hazard, and is hereby prohibi-
ted. The use of any spark, flame or fire producing
device is similarly prohibited in all public trans-
portation vehicles and elevators in the City of
Miami Beach. A sign reading "Smoking Prohibited by
Law" shall be permanently and conspicuously placed
on each public transportation vehicle and in each
elevator available to and used by the general public
by the owner or lessee of the vehicle or building in
which such elevator is located.
Section 25-36 . 3
It shall be unlawful for any person to smoke or
carry a lighted cigar, cigarette, cigarillo or pipe,
or use any spark, flame, match or fire producing
device in any mercantile store in the City of Miami
Beach:
(a) Designed or arranged to accommodate more
than one hundred (100) persons, or
(b) In which more than twenty-five (25) per-
sons are employed, or
(c) Which voluntarily elects, by and through
the action of its management, to be includ-
ed within this section.
This prohibition shall not apply to restrooms, res-
taurants, coffee shops, soda fountain counters, ex-
ecutive offices or beauty parlors in such mercantile
stores. Every person, or his agent, having control
of such store premises in which smoking or the carry-
ing of lighted objects is prohibited by or under the
authority of this ordinance, shall conspicuously dis-
play upon the premises a sign reading "Smoking Pro-
hibited by Law. "
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
Section 25-36 . 4
The smoking, carrying or holding of lighted ciga-
rettes, cigars, cigarillos, pipe tobacco and other
tobacco products in areas within mercantile stores
wherein food products are available for purchase by
consumers for off-premise consumption tends to create
unhygienic conditions injurious to the public health
and is hereby prohibited. This prohibition shall not
apply to restrooms, restaurants, coffee shops and soda
fountain counters within such mercantile stores.
Every person or corporation, or agent of such person
or corporation, having control of such store premises
in which smoking, carrying or holding of lighted to-
bacco products is prohibited shall post conspicuously
within such store signs reading "Smoking Prohibited
By Law. " A similar sign shall also be posted on each
door affording public access into the premises. "
SECTION 2 : Any person violating the provisions of this Ordinance
shall be punished by a fine not to exceed Five Hundred
Dollars ($500. 00) , or by imprisonment for a period not to exceed
sixty (60) days or by both such fine and imprisonment in the dis-
cretion of the court.
SECTION 3: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4 : This ordinance shall go into effect ten days after
its passage.
PASSED and ADOPTED this 28th day of June , 1978 .
Mayor
Attest:
.,,,,,,,66/144.1 0.1.1•11111.10tuc M:40400.
City lerk
1st Reading - June 7, 1978
2nd Reading - June 28, 1978
(The adoption of the foregoing Ordinance
was moved by Mayor Leonard Haber, Ph.D)
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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